CNA 2015-20

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COLLECTIVE NEGOTIATION AGREEMENT (C N 1-\) between the

UNIVERSITY OF THE PHILIPPINES (UP)

and the

ALL U.p·. WORKERS UNION (AUPWU)

effective 27 April 2015 to 26 April 2020

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COLLECTIVE NEGOTIATldN

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AGREEMENTi (C N A) I

This is a Collective Negotiation Agreement (C N A) entered into by a+1 between' ,

The UNIVERSITY existing under Philippine 9500, with principal office its President, ALFREDO

OF THE PHILIPPINES, the National UniverS.ity duly organized and • laws and by virtue of Act 1870, as amende~ by Republic Act No. address at Quezon Hall, UP Dillman, Quezon City, represented by E. PASCUAL; hereinafter referred to as the )IUNIVERSITY"; •

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The ALL U.P. WORKERS' UNION, a legitimate public sector I~bor organization, with DOLE-CSC Registration Certification No. 048, dated 08 April 1988, wi~h office address in UP Diliman, Quezon City, represented by its President, NOEL H. MARQUINA, hereinafter referred to as the "UNION"; WITNESSETH THAT: WHEREAS, the 1987 Philippine Constitution recognizes th~ right of government workers to form unions and to engage in collective negotiations, as embodied in the following provtsrons: .

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Article III. Sec 8. The right of the people, including those: employed in the public and private sectors, to form unions, associations or societies for purposes not contrary to law shall not be abridged.

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Article IX-B, Sec. 2 (5). The right to self-organization Shall not be denied to government employees; and ' Article XIII, Sec. 3. The state shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

The State shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted 'activities, including the right to strike in 'accordance with Law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also partiCipate in policy and decision-making processes affecting their rights and benefits as may be provided by law. r WHEREAS, Executive Order No. 180 issued on June 1, 1987, and Civil Service Commission (CSC) Memorandum Circular (MC) No, 55, series of 1990( provide that the terms and conditions of employment in the public sector, or improvements thereof, except those that are fixed by law, may be the subject of negotiation~ between accredited unions and appropriate government authorities; WHEREAS, the UNIVERSITY recoqnizas the right of ernplovses to self-organization and to collective negotiations on terms and conditions of employment not fixed by law; WHEREAS, the UNION submitted ItS proposals for a new Collective Negotiations Agreement (CNA) on November 18,2013 due to the expiration of the previous C NA after five (5) years, which was Signed on December 13,2008; i (

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WHEREAS, the Bureau of Labor Relations, Department of Labor and Employment, in its order dated March 27,20141 dismissed the Petition for Certiticafion Election filed by the Organization of Non-Academic Personnel of the University ofthe Philippines (ONAP~P) since only 13.24 percent of the 7,994 rank-and-file admlnlstranve employees of UP signed the petition, which did not comply with the required 20 percent siqnatures.

In ~ffect. the. B.LR decision confirmed the ALL UP WORKERS UNION as the sole an(,:lexclusive negotiating representative of the rank-and-file non-academic personnel of the University of the Philippines; . !

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WHEREAS, the UNIVERSITY and the UNION seek to promotela working environment that is conducive to a harmonious relationship between them, enhances employees' welfare and productivity, and contributes to effective and efficient public service: I i

NOW, THEREFORE, for and in consideration of the foregoing and the stipulations hereunder set forth, the UNIVERSITY and the UNION agree and bind themselves to the provisions of this Collective Negotiation Agreement.

ARTICLE I DECLARATION OF PRINCIPLES

Section 1.

The UNIVERSITY and the UNION recognize' the basic rig hts of all employees to security of tenure, a just and decent salary, humane terms and conditions of employment and career development. The UNIVERSITY should endeavor to obtain approval from the government of sufficient plantilla items. They shall work to,gether to continuously promote, enhance and respect these rights within the context of fulfilling the UNIVERSITY's role and responsibility as the country's national university. ' Section 2.

The UNIVERSITY and the UNION shall observe national policies as well as policies of international organizations that the Philippines has ratified, regarding the right of workers to self-organization, collective negotiations, and concerted activities, including the right to strike in accordance with law. ,

Section 3.

The UNION recognizes the authority and prerogative of the UNIVERSITY to implement laws and policies governing. the terms and conditions of • employment in the UNIVERSITY, including its efforts to professionalizr the civil service. \

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Section 4.

The UNIVERSITY shall not interfere with the establtshrnent, operations: and administration of the UNION. !I

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Section 5.

The UNION and the UNIVERSITY shall strive to improve the compensation and benefit package of UP employees. The UNION andtne UNIVERSITY shall support each other's efforts to achieve common goals. . i

Section 6.

The UNION shall be involved/consulted in the formulation of policies, plans and programs affecting the rights, career development, welfare, and benefits of employees.

InvolvemenVConsultation, when used in this agreement, Sh911mean engaging the authorized representatives of the union in earnest dialogue and addr~ssing their concerns in good faith. This could be done tnrough existing committees, such' as the Administrative Reference: BLR - 0 - CE- 25-12-11-1'3 Order signed by Atty. Evelyn R. Ramos, Officer-In-Charge, Labor Relations (BLR), Department of Labor and Employment (DOLE).

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Personnel Boards (APB) or, at the discretion of the UNIVERSITY, thro~lghspecialized ad hoc bodies.

The UNIVERSITY recognizes the process of consultation as part of the democratic process of knowing the sentiments of its constituents before arriving a~a decision. i j

Section 7.

The UNIVERSITY and the UNION agree that there shall be no , discrimination against any UP employee in relation to matters covereb by this agreement on the basis of sex, creed, civil status, sexual orientation .a~~ gender i~en'ity, ~oliti~alor religious affiliation or belief, and age (other than the normal provisrons relating ~oretirement). • j

Section 8.

The UNIVERSITY and the UNION believe in ~he equality among all gender preferences and the eradication of all forms of discrimination, ~nd thus, recognize the vital role of collective negotiations in pursuing their commitment towards a truly gender. responsive UNIVERSITY. ...

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Section 9.

The UNIVERSITY and ¡the UNION suPpoJ the UNIVERSITY's mandate, and recognize that part of duties and responsibilities of the employees is to support the admissions process to enhance the access of disadvantaged students, such as indigenous peoples, poor and deserving students, including but not limited to valedictorians and salutatorians of public high schools, and students from depressed areas, to its programs and

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ARTICLE II COVERAGE Section 1.

The parties aqree that this Collective Negotiation Agreement covers all non-academic rank-and-file personnel, whether permanent, temporary, casua.I, or contractual, employed by the UNIVERSITY, except those specifically excluded by PSLMC Resolution No. 2 series of 20043,. or those functions that are normally considered as policy determining, managerial, or confidential in nature. .

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Section 2.

It is understood that the UNIVERSITY refers to the University of the Philippines at Diliman, Quezon City, including all the Constituent Univ~rsities and Units: UP System offices, UP Diliman (and the UP Diliman Extension Programs in Pampanga and Olongapo City); UP Manila (and the extension units of the UP School of Health Sciences (SHS) in Palo, Leyte; Koronadal City, South Cotabato; and Baler, Odezon), UP Los Banos (and the extension units in the UP Center for Agricultural Research and Training, La Granja, La Carlota City), UP Visayas (and UP Tacloban), UP Baguio, UP Cebu, UP Mindanao, UP Open University, UP PGH; and other units that may be established in the future.

Section 3.

The parties agree that the following shall be excluded from the negotiating unit, defined in Section 1, Article II: a. b. c. d. e.

President Vice-Presidents Assistant Vice-Presidents University Secretary and Assistant Secretary Chancellors

Reference: This provision is from Section 9, UP Charter (RA9500, 2008), I PSLMCResolution No.2, series of 2004 "Approving and Adopting the Amended Rulesand Regulations Governing the Right of Government Employeesto Organize" 2

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f. Vice-Chancellors g. Deans h. Directors of Units i. Division Heads/Department Chairs j. Division Heads of Administrative Offices k. Legal Officers I. Executive Assistants m. Faculty n. Research, Extension, and Professional Staff o. All other high-level non-academic personne!

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High-level employees refer to one who performs managerial functions such as the exercise of powers to formulate management policies and decisions, or to hire, transfer, assign, lay-off, recall or discipline employaas."

UNION RECOGNITION,

ARTICLE III REPRESENTATION,

RIGHTS ANO:PRIVILEGES

Section 1.

The UNIVERSITY recognizes the UNION as the sole and exclusive representative of all'non-academic rank-and-file employees of the University of the Philippines as defined in Article II. .

Section 2.

The UNIVERSITY shall not discriminate against any employee by reason of membership in the UNION, or against any officer or duly authorized representative of the UNION for acts performed in accordance with law, or pursuant to this Agreement. .

Section 3.

UNION MEETINGS. Subject to the exigency of the service and Section 4, the UNIVERSITY shall allow the members of the UNION to hold theffollowinq meetings on official time, not to exceed the frequency, as indicated below:

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a, Chapter Assembly on Official Time: One Day, Once a Year ! b. General Assembly: Once Every Three Years '. c. Union Day en September 25. if this date falls on a: weekend, automatically rescheduled to the nearest weekday .

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Section 4.

OFFICIAL UNION liME PRIVILEGE. Official time, as provided below, shall be granted by the UNIVERSITY to allow UNION officials to accomplish representation duties, including meetings enumerated in Section 3. Designated UNION representatives and. employees shall be released from their official duties for the '1lJrpose Of employee representation, in order to enhance labor-management relations at ~II levels. When doing UNION activities, the following officers shall be considered on official time: a. b. c. d. e. f.

National President: 85% of his/her work time per rnornn; National Vice President: 60% of his/her work time per mon~h; National Officers: 60% of the work time per month; !

Local Chapter Presidents: 60% of the work time per month; ; Members of National Committees: 50% of the work time per month; Local officers and committee officers: 25% of their work time per month; I \

Reference: Rule I, Section l(z), _PSLMCResolution 1110.

2, series of 2004, Rules and Regulations to Govern the Exerciseof the Right of Government Employees to Self-Organization, pursuant to the provisions of Sec. lS

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of Executive Order No. 180, June 01, 1987

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g. Unicn Representative Ccmmittee Members/Heads: ccmmittee member per month. .

25% of their' work time for. each

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A list of-the names and the numbers of the persons covered byiSecticn 4 is attached as Annex "A.". â&#x20AC;˘ i

,, The UP Administration will be regularly infcrmed of the nevy sets of officers and committee members in all levels.

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Secticn 5.

UNION OFFICE. The UNIVERSITY shall previd~ the UNION's National Office and all its Chapter Offices with office space, furniture, equiprt;)ent, ccmmunicaticns, including but not limited to.supplies and materials necessary fcrthe UNIPN'S office operations' subject to. availability ef funds.

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Secticn 6.

TRANSPORTATION. The UNIVERSITY shalt whenever possible, provide the UNION service vehicles fer the use of its representatives when attending meetings called by any gevernment agency er any duly accredited erganizaticn len matters cencerning the welfare of the empleyees.

Sectien 7.

BULLETIN BOARDS AND WEBLINK. The UNIOtJ shall be provided the use of net mere than five (5) bulletin beards in strategic areas: in every campus for cemmunicating with UNION and nen-UNION members. The UNIVE~SITY shall provide a weblink of the UNION's website to.the UNIVERSITY's website in all campuses.

Sectien 8.

The UNIVEHSITY, threugh the HRDO, shall inform the UNION of the retirement, resignatien, or dismissal of employees five (5) days after f,iling of notice of such retirement or resignatien, or before the effective date of dismissal of th~ emplcyee/s.

Section 9.

COMMITTEE REPRESENTATION. The UNION shall be represented in the fcllcwing ccmmittees at the system, ccnstituent universities, andlunit levels: a. b. c. d. e. f. g. h.

Administrative Personnel Board; Emplcyee Suggesticn and Incentive Awards Ccmmittee; Grievance Committee; Administrative Personnel and Fellowship Committee; Performance Evaluaticn and Review Committee; Heusing Cemmittee; System wide Perscnnel Ccmmittee (as observer only); Bids and Awards Ccmmittee (as observer only): i i. Occupational Health and Safety Ccmmittee; and j. Anti-Sexual Harassment Cemmittee k. FAPHE Cemmittee and other similar heaith committees i m. Special Ccmmittees, such as sports, cultural, recreational anniversary, and Christmas celebration, and such cther analogeus ccmmittees that may be created; n. Other committees that am existing er may be created in the future which affect the welfare cf the emplcyees, as may be agreed upen by the partie~ at the UMCS. Section 10. SOCIOECONOMIC PROJECTS. Tile UNIVERS'ITY may prcvide suppcrt to. the UNION in the latter's effcrts to. establish scciceccnemic prcjects and inccme generating activities that will redound to. the benefit cf the UNION, its members, and cther II emplcyees. .

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ARTICLE IV STAFF ACTIONS AND MOVEMENTS Section 1.

The UNIVERSITY shall ensure adherence to existing laws and esc rules and regulations including the recruitment, detail, transfer/cross I posting, reassignment and other forms of employee movement, promotion, discipline, and ter1nination of employees.

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Section 2.

MERIT PROMOTION PLAN. The UNIVERSITY: shall source funds for merit promotion of employees. The UNION shall be involved in the rormulanon of guidelines concerning merit promotion to protect the rights of employees.

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The University shall support and provide opportunities for training and further studies for the development and advancement of the employees' career throu~h a staff development program.

Section 3.

NEXT-IN-RANK. Next-in-rank employees: in Offices, Units, Departments, Colleges shall be given priority for promotion, provided they signify their intention and they possess the minimum qualifications for the position and consistent with the UP Merit Selection Plan. !

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Section 4.

ADMINISTRATIVE CASE. The UNIVERSITY 'shall take disciplinary action against employees only for just cause and upon observance iof the principla of due process. For this purpose, a form shan be attached to the formal charge which states among others, that the respondent may choose a UNION representanys as observer. The UNIVERSITY shall at all times uphold the principle of speedy disposition of cases.

Section 5.

SEVERANCE OF EMPLOYMENT. Except for; voluntary reSignation, retirement, or expiration of contract or appointment, employment shall ibe terminated only for just cause and after observance of due process. .

Section 6.

REORGANIZATION OR INTERNAL RESTI~UCTURING. The UNIVERSITY shall open discussions with authorized UNION representatives regarding any plans involving reorganization or internal restructuring.

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The UNIVERSITY shall ensure the employees' rights and welfare regarding security of tenure and dignity of labor in any plans of reorganization or restructl~ring. i

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Section 7.

LIST OF NEW EMPLOYEES. The UNIVERSITY shall furnish the I UNION, upon proper request and representation, initially on a semes~ral basis, with a list of new employees within the negotiating unit who have been issued apPfntments. â&#x20AC;˘ In like manner, the UNIVERSITY upon proper request and representation shall furnish the UNION a copy of plant ilia of positions of non-academic personnel.j

WORKERS'

ARTICLE V EDUCATION PROGRAM

Section 1.

The UNIVERSITY shall provide support to the UNION in the conduct of an annual training or serntnar for all UP employees within the negotiati.ng unit for the purpose of enlightening them of their rights, privileges, obligations, and responsibilities under the law!'

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and this agreement, subject to availability of funds and Article III, Section 4. Attendance in such training or seminar shall be on official time. !

Section 2.

The UNIVERSITY shall allow the UNION to co~duct on official time, in coordination with the HRDO, orientation programs for newly appoint~d or hired employees. concerning the UNION Constitution and By-laws, programs and activltles, benefits, and obligations under this Agreement.

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Section 3.

The members and employees in the negotiating unit may be allowed tcattend, on official time, workers' programs seminars, general assfmblies, conferences, conventions, symposia, fora and other capability building proqrarns, including leadership training in trade unionism, workers' congresses and similar aqtivities conducted by government agencies and non-government organizations for public sector unions. â&#x20AC;˘ Section 4.

The UNIVERSITY shall allow the UNION free use of conference halls and other facilities for its meetings arid activities provided that said request is made at least five (5) working days before such UNION activity, subject to the consent ofthe appropriate

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Section 5.

The University shall allow UP employees to participate, on official time, series of activities in commemoration of Intemational Labor Day subject to the exigency of service. i

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The University shall allow UP employees to participate, on official time, series of activities in commemoration of Health Workers' Day SUbjtct to the exigency of service. i

EDUCATIONAL

ARTICLE VI AND PROFESSIONAL

DEVELOPMENT

Section 1.

The UNIVERSITY shall support the initiatives of employees for professional development, provided, that these shall not preludlce their duties and .. responsibilities to the UNIVERSITY. Section 2.

Th'e UNIVERSITY shall continue to allocate sUffi!cient budget to ensure that HRD programs, such as scholarships and training, are provided to employees. ,

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Section 3.

The UNIVERSITY shall, in consultation with the UNION, formulate programs that will improve the technical skills and capabilities of employees. ,

Section 4.

The UNIVERSITY shall inform the UNION, !through the Human Resource Development Office (HHDO), of all its career development programs for the nonacademic rank-and-file employees. The award of training, study, and sqholarship grants, both local and foreign, shall be governed by relevant rules, as implemented! by the Administrative Personnel and Fellowship Committee. .

ARTICLE VII PROMOTING GENDER EQUALITY AMONG UP EMPLOYEES I

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Section 1.

GENDER SENSITIVITY AND AWARENESS: PROGRAMS. The UNIVERSITY shall implement gender sensitivity programs for employees and shall support ~

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UNION activities that will promote better understanding and awareness of gender issues among the employees in coordination with government and non-government agencies.

Section 2.

The UNIVERSITY shall ensure that employees enjoy ~III benefits, privileges and other programs and services prcvided byrelevant laws al[1dissuances, including but not limited to the following: . a. RA 7305 - Magna Carta for Public Health Workers b. RA 8972 - The Solo Parents Welfare Act c. RA 9710 - Magna Carta for Womer. , d. RA 7600 - The Rooming-in and Breastfeeding Act as amended by RA 10028 (The Expanded Breastfeeding Promotion Act) : e. RA 7277 - Magna Carta for Persons with Disabilities (PWD) .Act as amended by PD 9442 Section 3.

INTERNATIONAL WOMEN'S DAY. The UNIVERSITY shall allow its employees to attend, on official time, activities inside or outside' the UNIVERSITY to commemorate International Women's Day every March 8.:

ARTICLE VIII UNION SECURITY

Section 1.

MEMBERSHIP IN THE UNION. All administrative employees in the service of the UNIVERSITY who are members of ALL UP WORKERS' UNION as of the date of signing of this Agreement may continue to remain as members. All others shall be eligible to become members of ALL UP WORKERS UNION on a voluntary basis. .

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Section 2.

CHECK-OFF. Upon receipt of a written authorization from the employee-members of the UNION, the UNIVERSITY shall deduct, thrci>ughpayroll deduction, the corresponding union dues, assessments, fines and other ideductions from the salaries/wages of UNION member(s), based on the terms of payment as approved by the National Officers. All deductions shall be remitted to the UNION not later than sixty (60) days after the deductions are made.

I . . .i Section 3, AGENCY FEE. In accordance with the PSLM.C Resolution No.2 S. 20045, the UNIVERSITY shall deduct from the salaries/wages of all L!Jpemployees who are not members of ALL UP WORKERS UNIO~I, but who are included in the negotiating unit and therefore enjoy the benefits under this Collective Negotiating Agre'ement, a reasonable amount equivalent to the member's monthly dues, provided for and a~proved by the General â&#x20AC;˘ Assembly of the UNION as of the date of signing of this agreement.

In implementing this provision on agency fees, there is no need for individual writtenauthorization from the non-members of the All UP WORKERS UNiON. In consideration for receiving such agency fee, the UNION shall continue to work for and regotiate for improved benefits and working condltions for all the members of the bargaining unit irrespective of union membership and to ensure that these are applied equally to all.

The Agency fees should be remitted by the UNIVERSITY to th~ UNION not later than forty-five (45) days after the deductions are made.

I I PSLMCResolution Nc. 2; series of 2004, Rulesand Regulations to Govern the Exertise of the Right of Government Employees to Self-Organization, pursuant to the provisions of Sec. 15 df Executive Order No. 180, ,/ June 01, 1987

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ARTICLE IX HEALTH AND SAFETY .

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Section 1.

SAFETY AND HEALTH REQUIREMENTS. T~e UNIVERSITY shall conform to and comply with applicable regulations requiring safety, health and sanitary working conditions prescribed by law whenever applicable. The UNIV)::RSITY must conduct regular information drive that will help prevent and control illnesses, and, it shall provide healthy and safe working conditions for all members of the negotiating unit. ' Section

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The UNIVERSITY shall undertake a study to provlde the following:

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a. Comprehensive Medical Health Benefits for employees b. TB and Hepatitis B Screenings c. 50% discount in PGH

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. This will be subject to a study of a Technical Working Group (liWG), to be constituted by the Union-Management Consultative Body (UMCB) as provided in Article XVI. i Section 3.

The UNIVERSITY shall continue providing 1 existing free Annual Physical Examination for all employees following a standard protocol to be provided by the University. ' I

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FIRST AID. The UNIVERSITY shall provide '.'irsf.aid kits in strategically located areas of workplaces/offices where no medical clinic is located in the premises. The prescribed DOH standard for the First Aid Kit shall be followed. For this purpose, teams of employees shall be formed and trained in first ald." i ' Section 5.

PROTECTIVE CLOTHING. Tile UNIVERSITY shall provide based the nature or work, free protective clothing and gears and equipment and tools administrative staff who require such protection. The nature of work and the positions employees covered by this provision shall be identified by the parties in the implementation this Agreement.

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Section 6.

HAZARD PAY. The l.)NIVEI~SITY shall provide nazare' pay to its employees, Subject to Sec. 311 of the Government Auditinq and ACc9unting Manual (Annex "B1') and Sec. 21 of the Magna Carta of Public Healt.h Workers (Annex "82'). The positions shall be identified by the parties in the implementation of this agr~ement. Funds for this purpose shall be incorporated in the annual budget of the UNIVERSITY. The UNIVERSITY will strive to include this in the annual General Appropriations Act (GAA). ;

Section 7.

OCCUPATIONAL SAFETY AND HEALTH. The! UNIVERSITY agrees to implement existing legislation, practices and standards in occupational safety and health, including but not limited to (1) the provision of clean and potable drinking water; (2) the observance of proper air/floor space and office lighting and ventilatlon: (3) the welfare of persons with disabilities; (4) the requirements of a sexual harassmentltrea environment and (5) provisions for safety preparedness in case of fire and other disasters. .

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Civil Service Commission (CSC)Memorandum Circular No. 33 series of 1997 providing for Occupational Safety and Health (OSH)standards in government offices.

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ARTICLE X LEAVE PRIVILEGES OF EMPLOYEES

Section 1.

SICKNESS. The UNIVERSITY shall grant fi~e (5) days additional sickness leave that will not be deducted from regular leave credits of ery,ployees; provided that the additional sickness leave shall be non-cumulative, non-commutatile and .shatl be availed of by the employees on any working day of the week and only once a year.

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Section 2.

REHABILITATION l.EAVE FOR JOB-RiELATED INJURIES. I Applications of officials and employees. for leave of absence on account of wounds or injuries incurred in the performance of duty extending beyond the available leave credits of the employee concernsd must be made on the prescribed form, supported by the proper medical certificate and evidence showing that the wounds or injuries were incurred in the performance of duty. The head of the department/agency concerned may direct t~at absence during any period of disability thus occasioned shall be on full pay, but not to exceed six (6) months. He shall also authorize the payment of medical attendance, necessary transportation, subsistence and hospital fees of the injured person. Absence in the dase contemplated shall not be charged against sick leave or vacation leave, if there are any.7: i Section 3.

SPECIAL LEAVE PRIVILEGES. The UNIVEfRSITY shall grant its employees, a maximum of six (6) days of non-cumulative, non-commutable special leave privileges every year, to be used in any of the following: a. Birthday; b. Emergency, in case of earthquake, typhoon, flood and other natural and/or manmade disasters or calamities, subject to certification from the proper authorltlas: c. Enrolment; . d. Graduation; e. Hospitalization for immediate members of the family; f. Wedding and honeymoon; g. Wedding anniversary; I h. Relocation subject to the submisslon of a certification from t:he barangay; i. Burial/mourning, in case of death of the spouse or any of the children, parents, brothers and Sisters; j. Government transactions; and k. Domestic emergencies .

Section 4.

SPECIAL LEAVE PRIVILEGE FOR HOSPITALIZATION OF IMMEDIATE MEMBERS OF THE FAMILY. The UNIVERSITY shall grant two (2) days of noncumulative, non-commutable special leave privilege every year for th~ hospitalization of the: immediate members of the family.

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Section 5.

SPECIAL LEAVE PRIVILEGE FOR NURSING UNIVERSITY shall grant two (2) days nursinq leave for nursing mothers.

MOTHERS.

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Civil Service Commission (CSC) Memorandum Circular (MC) No. 41 series of 1998, "Omnibus Rules on Leaves",

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ARTICLE XI SUPPORT TO PUBLIC SERVICE

Section 1.

The UNIVERSITY, as a public service universitt, shall provide various forms of community,' public, and. volunteer service, as well as s~holarJy and technical assistance to the government, the private sector, and civil society while maintaining its 8 standards of excellence. The UNION shall actively support this mandate of the UNJVERSITY. Section 2.

The UNIVERSITY, as a state university, and the UNION should be accountable to the people, serve them with utmost responsibility and integrity and put the interest of the nation over foreign interests in performing duties and re$ponsibilities. .

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i ARTICLE XII OTHER PRIVILEGES

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Section 1.

STAFF DEVELOP:v1ENT. The UNIVERSITY shall allocate budget for' the education and scholarship program for non-academic rank-and-file personnel in all areas of work. Staff development shall include fellowships and attendance in relevant conferences, conventions, seminars and workshops, trainings and similar development programs, local and . abroad. The UNIVERSITY, through the HFtDO, shall disseminate staff development information to all employees. On the other hand, the UNION, through it~ Education Committee, shall recommend employee-members to partiCipate in the programs.

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Section 2.

HOUSING. The UNIVERSITY agrees to enhance its existing housing programs for its employees.

Section 3.

DORMITORIES. The UNIVERSITY agrees to provide single employees living outside the campus space in dormitories which may be established by the UNIVERSITY for that purpose. .

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Section 4.

SHUTTLE SERVICE. The UNIVERSITY shall provide free shuttle service to employees who are not living inside the campus premises.

Section 5.

LI;GAL SERVICE. The UNIVERSITY agrees: to provide free legal service, including legal representation, on a case-to-case basis, to an employee who is sued for acts arisinq from. his/her employment within the scope of his/her duties and responsibilities.

Section 6.

PROCESSING RETIREMENT PAPERS. The UNIVERSITY shall allow all employees who are about to retire to process their retirement papers one month prior to the date of retirement. This shall not be charged to their leave credits, but subject to the exigencies of the service.

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Section 7.

SPORTS FACILITIES AND PROGRAMS. The UNIVERSITY shall allow discounted use of UNIVERSITY-managed sports and athletic facilitiesand programs, subject to the relevant rules and regulations for employees.

The UNIVERSITY shall provide a fitness and wellness program for each campus.

Section 8.

DECENT FUNERAL AND MORTUARY ARRANGEMENTS. The University shall provide assistance for a decent mortuary and funeral service to an employee ~ whose death is in the line of duty. r 8

Reference: Section 3 (d), UP Charter (RA 9500)

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ARTICLE XIII , BENEFITS FOR RETIREES AND SENIOR CITIZENS

, Section 1.

The UNIVERSITY agrees to formulate and implement programs for all retiring/retired employees, which shall include, but not limited to: a. 50% discount in confinement fees (pay ward) at UP PGH, ~et of the 20% discount given to senior citizens; i b. Training for livelihood projects; c. Sports programs; . ! d. Priority in processing of retirement clearance; and I e. Speedy release of retirement benefits. ! !

Section 2.

The UNIVERSITY shall ensure that employees enjoy all benefits, privileges and other programs and services provided by RA 9994 the Expanded Senior Citizens Act of 2010.

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ARTICLE XIV FRINGE BENEFITS Section 1.

The UNIVERSITY shall prioritize the use of savings i~ accordance with law, taking into account employee welfare and mandatory economic benefits. In addition, subject to the accomplishment of its mission, law, and availability of funds, the UNIVERSITY shall provide the following: a. b. c. d. e. f. g. h.

Rice subsidy (minimum of four [4] saccs of rice at P2250 per sack); Year-end grocery allowance; Increase.in the amount of loyalty pay; Annual incentive grant; Merit award for "sagad" employees; Medicine ASSistance; Night shift differential pay; and Additional retirement benefits.

The UNIVERS'ITY shall continue to provide all employee benefits previously authorized by the Board of Regents. Nothing herein shall' be construed as a diminution of such benefits, or as a restriction on the sole power of the Board of Regents to adjust such benefits from time to time, subject to the accomplishment of the UNIVERSITY's mission, applicable law and regulations, and availability of funds.

I Section 2.

Nothing in this provision shall prevent the UNIVE.RSITY from continuing to seek additional funds and explore other possibilities to increase thl9 compensation of the administrative employees within the UNIVERSITY. f .

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ARTICLE XV EMPLOYEE-MANAGEMENT

RELATIONS

Section 1.

The parties agree to improve and implement an; effective grievance machinery compliant with existing laws and regulations, and guided ~y best practices to strengthen employee-management relations, resolve conflicts speedily at the basic work unit, section, department, college or office level. .\ i

The proposed Grievance Machinery for the administrative stafflof the UNIVERSITY is attached as Annex "0" subject to final agreement.

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ARTICLE XVI I IMPLEMENTATION AND MONITORING SCHEM-=

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I â&#x20AC;˘ Section 1.

UNION-MANAGEMENT CONSUl.TATIVE BOIDY. For purposes of maintaining continuous lines of communication, consultation and dialogue between the .

UNIVERSITY and the UNION, a Union-Management Consultative Bod~ shall be created to be composed of four (4) regular members and two (2) alternate members] Section 2. consultative body:

The following

shall be the functions

and rrisponsibilities

of the

i

a.

Convene once every six (6) months or as the need arisesjat such place and time . may be proposed and agreed uron by the parties; , . . b.

Monitor and resolve any controversy arising from the interpretation and enforcement of this Agreement; c. Prioritize the implementation of the provisions of this Agreement upon approval by the parties; . d.

Discuss and resolve any policy changes on matters pertaining to/affecting the terms and conditions of employment; and e. Recommend appropriate courses of action to higher authority.

ARTICLE XVII BUDGET AND FUNDS f

Section 1.

The UNIVERSITY shall provide the necessary budget and funds for the full implementation of the provisions contained herein, subject to e~isting accounting and auditing rules and regulations. !

ARTICLE XVIII ENHANCING UNION-MANAGEMENT

..

COOPERATION

Section 1.

The UNION and the UNIVERSITY shall activety work together in the promotion of a high standard of ethics in public service in observance Qf the norms of conduct of public officials and employees.

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Section 2.

The UNION shall support the UNIVERSITY's post-saving measures related to the conservation of fuel, water, office supplies, electricity, and utilities; as well as improvements in solid waste management. ; ,

Article XIX

CNA

INCENTIVE

Section 1. Collective Negotiation Agreement (CNA) tncennve « The C N A incentive is granted to UP employees and officials as an act of goodwill, and in recognition of jOint efforts in accomplishing performance targets at lesser cost, in $ttaining more efficient and viable operations through cost-cutting measures and systems improvement.

The UNIVERSITY and the UNION are committed to adopt measures that will promote productivity, efficiency and economy of operations in fulfilling ,all its objectives and performance targets. Savings generated from these measures may be used as a source of additional monetary incentives for all employees, subject to aponcabletaws, regulations and circulars on CNA incentives. !

ARTICLE XX IMPLEMENTING GUIDELINES i

i

Section 1.

Within six (6) months from the date of effectivity IOfthis Agreement, the UNIVERSITY and the UNION shall prepare all the necessary guideline~ in the implementation of the provisions. '

ARTICLE XXI EFFECTIVITY

Section 1.

EFFECTIVITY UPON SIGNING AND RATIFICATION. The agreement shall become effective immediately after its signing and ratification by a majority of the employees in the Collective Ne.gotiating Unit and upon confirmation by the Board Of Regents ...

This agreement shall remain in force and effect for a period of five (5) years. '.

Section 2.

RENEGOTIATION. Both parties agree to meet not later than sixty (60) calendar days prior to the expiration of this Agreement for the purpose of negotiating a new agreement to govern the parties. Subject to the observance of other party's right during the freedom period, the provisions of this agreement, including modifications or amendments thereof, shall remain in force and effect until a new collective negotiatiorjl agreement shall have been concluded and executed by the parties. j I The UNIVERSITY and the UNION agree to negotiate after ~hree (3) years for the econcmicbenefits of the employees.

• Section 3.

FILIPINO TRANSLATION OF CNA. In suppojt of the UP Bilingual I policy, the parties agree to the translation of the CNA in Filipino.

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Section 4.

PRINTING, WEBPOSTING The UNIVERSITY shall be responsible for the:

I

AND DISTRIBUTI<DN OF AGREEMENT.

a. printing of the English/Filipino version of this agreement , b. posting of the C~A in the UNIVERSITY's website including! all implementing rules and regulations. , 15

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The UNION shall be in charge of distribution/dissemination of coples, The printing and distribution should be done not later than two weeks form the signing ~hereof.

ARTICLE XXII MISCELLANEOUS PROVISIONS I

Section 1.

AMENDMENTS. For purposes of consideri,ng specific proposals, amendments, or negotiations for new terms and conditions, the proporent party shall provide the other party with a written notice at least sixty (60) days prior to the date of the intended meeting for the.purpose of discussing or considering such proposed amendments,

, Section 2.

SEPARABILITY/SAVING CLALJSE. If any provision of this Agreement is held contrary to law by a court of competent jurisdiction, said provision or the application thereof will be deemed invalid, except to the extent permitted by law, but all other provisions or applications will continue to have force and effect. The parties will meetnot later than fifteen â&#x20AC;˘ (15) days after said provision is declared invalid for the purpose of art,ending or revising the same.

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I Section 3. The parties agree to continue discussion on the matters stated in "Annex .

C: Committee to Study Non-UP Contractual/Non-Government Workers" and "Annex 0: Grievance Machinery for the Administrative Staff" with the mtentlon of arriving at side agreements on both matters during the life of the CNA. i

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IN WITNESS THEREOF, the parties, through their authorized representatives, have Signed this Agreement this 27th day of April 2015, at the University of the Philippines Dillman, Quezon City, Philippines. '

UNIVERSITY OF THE PHILIPPINES

ALL U.P. WORKERS UNION By:

, ~~JA Nationajl President

16

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Signed in the presence of: .'

!

The UP Panel

I

The .Union Panel I

'f~

~ MARAGTAS~AMANTE

~:J:.A,-1A7""'__

FELIX B. PARINAS JR.

~~ CRISANTO A. DORADO

I

i

ARNULFO! L. ANOOS ; :

<

VIRGIN~P

ARLEN~EGO

Alternate Members

4

tP~

NESTOR O. RANESES

Q£lj ANGELA D. ESCOTO

MARGARITA LAT-LUN/I. Technical .

A

co~-/"

nf

ROSALIO

}!ARAGON

-t

(j..~p.,~ ATrl

RICARDOB.

UP Panel Secretariat

JR.

LA~R(

jR.

UP Union ~Secretariat

~~<-~-

~O

RICARDO\E. FELONIA Chairman \

Stenographer

I

GER ~RONIMO secr~~E GE

CI

E~~12 ~mb&:

t»f:chJo..I1~ tlE ~

WILHELMINA L. Member

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171

PAZ

List of Annexes

Annex A. Annex 8.

Annex C.

Annex D.

Annex C. Workers

Union officers with official time (Reference: Article 11/ S;ection 4) .

Hardship I Hazard Allowance (Reference: Article III Section 6).

81. Section 311. Government Auditing and Accounting Marillal 82. Section 21, Magna Carta of Public Health Workers (RA7305) Side Agreement: Workers

Committee to Study Non-UP Contra\ctuaI/Non~Government

Grievance machinery [subject to final agreement] (Reference: Article XV Section 1) .

Side Agreement:

Committee

to Study Non-UP Contrac~ual/Non-Government ,i i

I The UNIVERSITY and the UNION agrees to create a committee to /study the background, justifications, and the possibility of additional benefits and compensati~n to the following: 1. Non-Government Workers (NGWs)/ Non-UP contractual 2. Workers on a lob-order basis The study shall be guided by the following principles: 1.

2.

3.

4.

Equal pay for equal work, considering equivalent qualificatioris and experience; Performance-based incentives; Rationalization and standardization of guidelines and practices 8est practices, options and recommendations.

Existing international declarations and principles on decent work; government laws, rules and guidelines; as well as best practices shall form part of the references for the study, such as the following: • •

Philippine Constitution and the Philip9me Labor Code , UN (1948) Universal Declaration on Human Rights, focusing on Articles 23 to 25 on the right to work

•

ILO (1998) Fundamental Declaration on Decent Work

Best efforts to submit the final committee report: on or before 30 November

18 J

2015.

/"

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ACKNOWL.EDGMENT

REPUBLIC OF THE PHILIPPINES) ___________

)S.S.

BEFORE ME, a Notary Public in and for. following with competent proof of their identity as follows:

, personally appeared the

GIID/ Passport No.

Date/Place Issued

ALFREDO E. PASCUAL

EB2137805

24 March 201.1,Manila

NOEL H. MARQUINA

EB 43488493

29 December!2011, Manila

all known to me to be the same persons who executed the foregoing instrument consisting of nineteen (19) pages including the page upon which this acknowledgement is written and acknowledged to me that the same is their free and voluntary act and deed.

IN WITNESS WHEREOF, I hereunto set my hand and affixed my notarial seal this __ of 2015 in the place above written.

Doc. No. __ Page No. __ Book No.__ Series of 2015.

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