EMPLOYEES ASSOCIATION
EMPLOYEES ASSOCIATION
The Polomolok Water District Employees Association (POWDEA) is a registered and an accredited employees’ association. The Collective Negotiation Agreement forged with the management is implemented. The C.N.A. between the POWDEA and the management of the Polomolok Water District takes effect last January 30, 2008. Some comments on provisions of the agreement in which CSC – PRO shall point out the provisions in the agreement which are non-negotiable, hence, unenforceable despite the registration of the Agreement.
1. Article III (Union Recognition and Security)
Section 7 and 9. In recognition of the employees’ participation rights, the management and the union may agree on a number of days of official time off, but not on official business, per year, to be granted to the Union’s Board of Directors, other executive officers and members for the purpose of attending general assemblies and meeting, activities and conferences called by any government or other organizations/ institutions.
Availment thereof is, however, subject to the usual notification requirements and the exigency of the service. This privilege is non-cumulative and non-convertible to cash.
Sections 10: Adequate office space may be provided by the management from an already existing structure / office space in the agency.
If the provision for a union space will entail the construction of a new structure, then the same is non- negotiable as this would need appropriation of funds. The agency may likewise allow the use of its machines, office equipment and other facilities where the union officers / members are assigned, subject to existing agency rules and regulations.
Section 11: Check-off or deduction from the salary of employees of the amount equivalent to the association’s dues, fees, fines and other assessments require individual written authorization from said association members before payroll deduction can be effected.
2. Article IV (Management Prerogative and Shared Responsibility and Accountability)
Section 2: The rank-and-file employees must likewise be represented by the Association in other vital committees, such as the Personnel Development Committee (PDC) and the Committee on /Decorum and Investigation (CODI), among others.
3. Article VI (Employees Benefits)
Section 3. The collectible agency fee from non-union members who enjoy the benefits under the C.N.A. is limited to a reasonable amount equivalent to the union dues and other fees normally (regular) paid by the accredited union members.
This limitation/ description in the collectible amount/ charge is explained by the fact that the rank and file employees, whether members or non-members of the accredited union, are entitled to the same treatment / protection and service from the accredited union, from the time the Agreement is signed by the Management and the Union and ratified by the majority of the agency’s rank and file.
Section 6: This provision must be read together with the constitutional, statutory and civil service provisions on merit and fitness. Pursuant to the Commission’s constitutional mandate to strengthen the merit system, it issued CSC Memorandum Circular No. 3, series of 2001 enjoining the agency head, in the exercise of his/ her sound discretion, to select from among the top five (5) ranking candidates deemed most qualified for appointment to the vacant position.
Section 7: C.N. A. incentive is provided for in PSLMC Resolution No.2, s. 2003 (for the GOCCs and GFIs) and Administrative Order No. 135.
Item a, /section 8: Year-end Financial Assistance may be properly covered by the C.N.A. incentive.
Section 9: Executive Order No. 641 dated July 25, 2007 provided for the authority to establish and administer provident funds in the government.
Section 10: Death Assistance is already covered by the GSIS.
Section 11: The allowed benefit is the step increment provided for in Joint CSC-DBM Circular No. 1,s. 1990.
4. Article IX (Allowance and Other Benefits)
Section 1and 2: Relative thereto, it is necessary that there be legal authority or basis for the grant of these benefits, whether by law or presidential issuance. In the absence of such authority, they are non- negotiable concerns and the only way to grant them is through the Collective Negotiation Agreement incentive authorized under PSLMC Resolution No. 2, s. 2003, for GOCC or controlled corporations and government financial institutions and Administrative Order No. 135, subject to strict compliance with the conditions specified in Budget Circular No. 2006-1.
Section 6: Sec. 54 of the General Provisions of the General Appropriations Act of 2008 provides that Departments, bureaus and offices which are not specifically authorized by law to grant hazard duty pay are hereby allowed to use savings from their appropriations for payment of hazard duty pay to officials and employees who are actually assigned to, and performing their duties in, strife-torn or embattled areas as may be determined and certified by the Secretary of National Defense. Hazard duty pay shall only be granted for the duration of such assignment.
Section 8: To avail of this benefit, the provisions of CSC-DBM Joint Circular No. 1, s. 2006, otherwise known as the Guidelines Availing of the Rehabilitation Privilege, must be strictly complied with.
5. Article XI (Professional, Educational, Recreational and Family Planning Program)
Section 3: The renewal of licenses of employees is personal in nature. Hence, expenses incurred in such transaction shall be borne by the employees themselves.
