Only accredited employee organizations (EOs) or accredited national employees organizations (NEOs) have the right to represent rank-and- file employees in collective negotiation with management. (Section 1, Rule II, 2024 IRR of EO No. 180); and 

Accreditation by the CSC is an indispensable requirement prior to negotiation. If a PSEO is not accredited but forges a CNA with management, the CNA shall not be considered valid as contemplated under EO NO. 180 [See Silang et. al. vs. COA (GR No. 213189].

A PSEO can start negotiating with management once a Certificate of Accreditation is issued by the CSC.

The accredited PSEO must submit to the management a CNA Proposal within one (1) year from the date of its accreditation. If an accredited EO fails to submit a CNA to the management within one (1) year from the issuance of the Certificate of Accreditation, its Accreditation may be revoked (Section 11 (b), Rule XI, 2024 Rules of EO No.180). 

Terms and conditions of employment or improvements thereof, except those that are fixed by law, may be the subject of negotiation (Section 6, Rule XIV of EO No. 180).

The following matters may be negotiated:

(a) schedule of vacation and other leaves;

(b) personnel growth and development;

(c) establishment of Employees’ Organization - Management Consultative Committee (EOMCC) subject to the provisions of Public Sector Labor-Management Council (PSLMC) Resolution No. 2, s. 2022 and subsequent issuances of the Council;

(d) time-off subject to the provisions of Council Resolution No. 3, s. 2022;

(e) access to records and information, subject to Executive Order No. 2 dated July 23, 2016 and Republic Act No. 10173 or the Data Privacy Act of 2012;

(f) provisions for office space, supplies, and equipment for accredited employees’ organization;

(g) communication network/access to management or authorized representatives;

(h) work assignment/reassignment/ detail/ transfer;

(i) distribution of workload;

(j) provision for protection and safety, subject to relevant provisions of CSC-DOH-DOLE Joint Memorandum Circular (JMC) No. 1, s. 2020;

(k) provision for facilities for Persons With Disabilities, in accordance with Batas Pambansa Blg. 344 dated December 7, 1982;

(l) provision for spiritual growth;

(m) provision for first aid medical services and supplies;

(n) physical fitness program;

(o) provision for family planning services;

(p) provision for nursing and lactation station subject to the provisions of Republic Act No.10028 (Expanded Breastfeeding Promotion Act of 2009);

(q) provision for day care center

(r) provident fund, subject to the provisions of Executive Order No. 641 dated July 25, 2007, DBM Budget Circular No. 2008-3 dated June 20, 2008, and subsequent issuances as may be issued by the President or the DBM;

(s) provision on representation in different committees;

(t) recreational, social, athletic and cultural activities and facilities subject to the pertinent rules and regulations of the DBM;

(u) The grant of CNA Incentive shall be in accordance with Administrative Order No. 135, s. 2005, Congress Joint Resolution No. 4 dated June 17, 2009, relevant General Provisions of the General Appropriations Act and guidelines that may be issued by the DBM; and

(v) Such other concerns which are not prohibited by law and CSC Rules and Regulations.

Compensation matters such as increases in salaries, allowances, incentives, and other benefits that are specifically provided for by law are not negotiable (Section 8, Rule XIV, EO No. 180). 

Moreover, terms and conditions of employment which are fixed by law cannot be negotiated. Hence, the employee organization must review existing budgeting and accounting rules to check validity of economic and non-economic benefits in the CNA.

The number of days of leave privileges to be enjoyed by employees cannot be negotiated since these are fixed by civil service laws, rules and regulations such as, but not limited to:

a) Omnibus Rules on Leave (Rule XVI, Omnibus Rules Implementing Book V of EO 292, as amended);

b) CSC No. 6, s. 1996 (Special Privileges) as amended by CSC MC No. 6, s. 1999 (Expanded Coverage of Special Leave Privileges Provided for in CSC MC Nos. 6 and 20 of 1996 and CSC MC No. 41, s. 1998); 

c) CSC MC No. 2 dated February 16, 2012 (Special Emergency Leave to Government Employees Affected by Natural Calamities/Disasters); 

d) Republic Act No. 8972 or the Solo Parents' Welfare Act of 2000; and 

e) Republic Act No. 9262 or Anti-Violence Against Women and their Children Act of 2004, among others.

Agency fee refers to reasonable assessment deducted from rank-and-file employees who are non-members of the SENA who benefit from the terms of the collective negotiation agreement.

Agency fee shall be considered reasonable if it is equivalent to the regular yearly dues paid by a member in a particular year when CNA incentive is granted; or equivalent to a certain amount as determined in a resolution duly-approved by the members of the employees organization in a general assembly. It shall not exceed twice the amount of the yearly dues x x x (Section 9, Rule XIV, E.O. No. 180).

The reasonable amount as agency fee is included as one of the stipulations in CNA duly concurred by the Employee’s Organization-Management Consultative Committee, and ratified by the rank-and- file employees (Sec.9, Rule XIV, E.O. No. 180).

The Employees’ Organization Management Consultative Committee (EOMCC) is a Committee or body composed of representatives from management and the Sole and Exclusive Negotiating Agent (SENA) which shall monitor the implementation of the CNA provisions and shall foster better relations between labor and management.

(PSLMC Resolution No 2, s 2022) 

The Committee shall be composed of not more than five (5) members each from the management and the accredited employees’ organization. 

The SENA must submit a proposed collective negotiation agreement (CNA) to the Management one (1) year from the date of its accreditation.

A negotiating panel is a group of people created to represent (1) the Management and (2) the SENA in collective negotiations. The negotiating panels are created before the start of the negotiation and will continue to exist even after the CNA is signed by the parties and is ratified by the majority of the rank-and-file employees in the negotiating unit. 

The negotiating panel shall be constituted within five (5) working days after the SENA submits its proposal to the Management. The negotiating panel shall agree on the agenda items for discussion and negotiation, adopt procedures and processes on negotiations, submit a draft CNA to the Management, and other related functions as may be determined by the management and the SENA. (Section 1, Rule XIV, 2024 IRR of EO 180) 

The negotiating panel is composed of not more than five (5) principal members each from the management and the SENA with not more than three (3) alternate members from both parties. The Management may designate representatives from the Administrative, Human Resource, Finance, Planning, and Legal units of the agency as members of the panel. The SENA shall identify representatives to the panel from among its officers and members. Only employees of the agency shall be designated members of the negotiating panel. (Section 2, Rule XIV, 2024 IRR of EO 180)

The negotiating panel shall perform the following duties:

a. The negotiating panel shall agree on the agenda items for discussion and negotiation. The parties can change the sequence of issues or suspend the discussion of a particular issue to give way to another;

b. The members of the negotiating panel including the members of the Secretariat shall be on official business throughout of the negotiation, which may be continuous or staggered and they shall be relieved of all their regular duties and responsibilities during the negotiations;

c. The negotiating panel shall adopt expedient and economic measures that will uphold morale, harmony, and productivity in the workplace;

d. The negotiating panel may adopt procedures and processes on negotiations modifying Section 5 of this Rule, for the early termination of the negotiation, as they may deem appropriate and necessary;

e. At the start of the negotiation, the parties shall agree on the time frame;

f. Submit the draft CNA to the management and the SENA; and

g. The negotiating panel shall perform other related functions as may be determined by the management and the SENA.

After the conduct of negotiations, the negotiating panel prepares and finalizes the collective negotiation agreement, then submits this to the Management and the SENA for approval. 

A secretariat shall be constituted to document the proceedings of the negotiations, including the preparation of the Minutes of the meetings. Recordings of the negotiation shall be allowed, unless otherwise mutually agreed upon by the parties. (Section 4, Rule XIV)

The secretariat shall be composed of one (1) principal and one (1) alternate member from the management and one (1) principal and one (1) alternate member from the SENA. When the principal member is absent, an alternate member shall attend the negotiation to act as the secretariat.

The Committee shall exercise the following duties and responsibilities during the life span of the CNA:

(a) Upon submission of the CNA proposal by the SENA, the management will present the financial records, cost-cutting or systems improvement measures and submit recommendations through a written resolution to the negotiating panel;

(b) To identify economic benefits stipulated in the CNA that were disallowed by COA, if any, and the reasons thereof and to know the actions taken by both management and employees’ organization;

(c) To monitor the implementation of CNA provisions;

(d) To resolve CNAA related issues on grievance machinery pursuant to PSLMC Resolution dated October 25, 2011; and

(e) Perform other related functions as may be determined by the Committee.