RULES AND REGULATIONS TO

GOVERN THE EXERCISE OF THE

RIGHT OF GOVERNMENT
EMPLOYEES TO SELF-
ORGANIZATION

EXECUTIVE ORDER NO. 180

RESOLUTION dated May 24, 1989 issued by the Public
Sector Labor Management Council

Pursuant to the provisions of Section 15 of Executive Order No. 180,

dated June 1, 1987, the following rules are hereby promulgated
governing the exercise of the right of government employees to self-
organization.

RULE I
Definition of Terms

SECTION 1. As used in these rules, the following shall be

construed thus:

a. Council refers to the Public Sector Labor-Management

Council created under Executive Order No. 180 dated June
1, 1987.

b. Chairman refers to the Chairman of the Council who is at

the same time the Chairman of the Civil Service
Commission.

c. Department refers to the Department of Labor and

Employment.
d. Commission refers to the Civil Service Commission.

e. Bureau refers to the Bureau of Labor Relations,

Department of Labor and Employment.

f. Office refers to the Office of Personnel Relations, Civil

Service Commission.

g. Employer refers to any department, agency,

instrumentality, local government, including government
owned or controlled corporations with original charters.
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h. Employees Organization refers to any organization or

association of employees in a government agency.

i. Registered Employees Organization refers to any

employee organization or association duly registered in
accordance with these rules.

j. Accredited Employees Organization refers to a

registered organization of rank and file employees as
defined in these rules recognized as the sole representative
to negotiate for the employees in an organization unit
headed by an officer with sufficient authority to bind the
agency such as heads of departments, bureaus, and offices
of equivalent rank in the national government including
government owned and/or controlled corporations with
original charters, state colleges and universities, and
national government, and heads of local governments, and
considering the nature of the matter subject for
negotiation.

k. Complaint or Grievance As contemplated in Sec. 16 of

Executive Order No. 180, is an organizations expressed
feeling of dissatisfaction in writing concerning working
conditions, relationship or status not otherwise covered by,
or subject of, statute, rule regulations.

l. High Level Employee is one whose functions are

normally considered policy determining, managerial or one
 whose duties are highly confidential in nature. A
managerial function refers to the exercise of powers such
as: chanroblespublishingcompany

1. To effectively recommend such managerial actions;

2. To formulate or execute management policies and

decisions; or

3. To hire, transfer, suspend, lay-off, recall, dismiss,

assign or discipline employees.

m. Rank-and-File Employee is one whose functions do not

fall under any of those enumerated above. It includes an
employee whose work has ceased as result of, or in
connection with, any current dispute or because of any
unfair labor practice except as may otherwise be
determined by the Council.

n. Registration is the processing of the application for

registration and the issuance of the corresponding
certificate of registration, in accordance with these rules.

o. Cancellation is the revocation of the certificate of

registration/accreditation in accordance with these rules.
chanroblespublishingcompany

RULE II
Coverage

SECTION 1. Employees of all branches, subdivisions,

instrumentalities and agencies of the government, including
government-owned or controlled corporations with original charters,
except members of the Armed Forces of the Philippines, police
officers, policemen, firemen and jail guards, may form, join or assist
organizations, associations and/or federations of exclusively
government employees of their own choosing for the furtherance, and
the protection, of their interests. chanroblespublishingcompany

They may also form, in conjunction with appropriate government

authorities, labor-management committees, work councils and other
forms of workers participation schemes to achieve the same
objectives.chanroblespublishingcompany

SECTION 2. Membership in employees organizations formed for

purposes of negotiation under these rules, shall be open to all rank-
and-file employees as defined in Rule I, Sec. 1.m. chanroblespublishingcompany

High level employees are not eligible for membership in rank and file
employees organization formed for purposes of negotiation under
these rules. chanroblespublishingcompany

SECTION 3. The Civil Service law and rules governing concerted

activities and strikes in the government shall be observed by all
government employees, whether or not they are members of
employees organizations. chanroblespublishingcompany

RULE III
Organization Activities

SECTION 1. The normal activities of employees organizations

shall be conducted in such a manner that will enhance employee
welfare in relation to conditions of work, consistent with the duty of
government to provide effective and dependable service to the public.

SECTION 2. The activities of the employees organization shall

not prejudice or disrupt public service. chanroblespublishingcompany

SECTION 3. The premises and/or facilities of the office may be

availed of by the employee organizations subject to existing rules.

SECTION 4. The terms and conditions of employment in the

government including any political subdivision or instrumentality
thereof and government-owned and controlled corporations with
original charters are governed by law and employees therein shall not
strike for the purpose of securing changes thereof. chanroblespublishingcompany
 RULE IV
Registration

SECTION 1. The application for registration shall be signed by at

least twenty (20) percent of the employees in the appropriate
organization unit which the applicant employees organization seeks
to represent, and shall be accompanied by the following: chanroblespublishingcompany

a. On hundred (P100.00) pesos registration fee;

b. The names and addresses of the officers, the principal

address of the organization, the minutes of the
organizational meeting and the list of the employees who
participated in such meeting:

c. The names of the employees comprising at least twenty (20)

percent of all the employees in the appropriate
organizational units where it seeks to operate;

d. If the applicant employees organization has been in

existence for one more year, copies of its financial reports;

e. Four (4) copies of the constitution and by-laws of the

applicant organization, minutes of its adoption, and the list
of the employees who participated therein.

SECTION 2. The applications for registration of employees

organizations shall be filed with the Bureau of Labor Relations or
regional offices of the Department of Labor and Employment. chanroblespublishingcompany

Applications filed with the regional offices of the Department shall be

transmitted within three (3) days from receipt thereof to the Bureau
of Labor Relations.

SECTION 3. The Bureau of Labor Relations shall process the

application for registration in accordance with these rules and
guidelines adopted by the Civil Service Commission and the
Department of Labor and Employment and shall prepare the
certificate of registration for the signature of both the Chairman of
the Civil Services Commission and the Secretary of Labor and
Employment. chanroblespublishingcompany

SECTION 4. The Bureau and the Office of Personnel Relations of

the Civil Service Commission shall keep and maintain a record
indicating the status of registered employees organizations. chanroblespublishingcompany

SECTION 5. Upon the issuance of the certificate of registration,

the employees organization shall have the following rights and
privileges:
chanroblespublishingcompany

a. to be certified, subject to the conditions prescribed in these

rules as the sole representative of rank-and-file employees to
negotiate for them.

b. to undertake all other activities not contrary to law or public

policy for the furtherance and protection of the interests of
its members.

RULE V
Recognition/Accreditation

SECTION 1. In case there is only one (1) registered employees

organization in the unit representing the majority of the total rank-
and-file personnel of said agency as certified by the Office of
Personnel Relations, the same shall be recognized and accredited to
represent the employees of the agency in negotiating with the
employer on matters affecting the interests of the employer on
matters affecting the interest of the employees. chanroblespublishingcompany

SECTION 2. In case there are two or more registered employees

organizations in a particular agency requesting accreditation, the
Office of Personnel Relations shall, based on its records, determine
which of the organizations shall be accredited. chanroblespublishingcompany

SECTION 3. In case two or more registered rank-and-file

employees organizations contest the representation of the majority of
the rank-and-file employees, a certification election shall be
conducted in accordance with these rules. The certification election
shall include all registered employees organizations in the
organizational unit. chanroblespublishingcompany

SECTION 4. Failure of an accredited employees organization to

maintain the support of the majority of the rank-and-file employees
shall constitute a ground for a challenge which shall be processed in
accordance with these rules. chanroblespublishingcompany

RULE VI
Certification Election

SECTION 1. Subject to the preceding rule, a petition for

certification election may be filed by the employer or any of the
registered employees organizations with the Bureau or with regional
offices which will forward the petition to the Bureau within three (3)
days from receipt thereof. chanroblespublishingcompany

SECTION 2. The petition shall be in writing and under oath and

shall contain among others, the following: chanroblespublishingcompany

a. the name of the petitioner and its address;

b. name and address of the employer; and

c. total number of rank-and-file employees in the subject

organizational unit.

A petition filed by a registered employees organization shall contain

the signatures of at least twenty (20) percent of the rank-and-file
employees in the subject organizational unit.

SECTION 3. A petition for certification election may be filed at

any time but no certification election may be held within one year
from the date of issuance of a declaration of final certification election
result.chanroblespublishingcompany

SECTION 4. Upon receipt of a petition, the Bureau shall conduct

a hearing to determine whether or not a certification election is
necessary. Should there be a need for a certification election, the
order shall contain the following: chanroblespublishingcompany
 a. names of the contending government employees
organizations;

b. name of the employer;

c. description of the subject organizational unit;

d. list of eligible voters; and

e. date and time of the certification election.

If possible the certification election shall be held within fifteen (15)

days from receipt by the parties of the decision.

SECTION 5. The Bureau shall cause the posting of the necessary

notices at least five (5) days before the date of the election in at least
two (2) conspicuous places in the employers promises. The notices
shall contain the date of election, the names of the contending
organizations, the description of the subject organizational unit and
the list of eligible voters.

SECTION 6. The election shall be held during regular office

hours, unless otherwise agreed upon.

SECTION 7. The Bureau shall designate a representation officer

who shall have the following functions:

a. Before the actual voting commences, to inspect in the

presence of the representatives of the parties, the ballot
boxes, and polling booths to ensure secrecy of the ballots;

b. After the examination of the ballot boxes, to lock them and

keep the keys, during the entire proceedings; and

c. To conduct the election and adopt measures to preserve the

sanctity of the ballot. The Bureau shall designate assistant
representation officer/whenever necessary.
SECTION 8. Ballots shall be prepared in Pilipino or in English
and shall contain serial numbers and the signature of the
representation officer at the back.

SECTION 9. The voter must write a cross (x) or a check (/) in the
square opposite the registered employees organization of his choice.

SECTION 10. If a ballot is torn, marked, or defaced in such a

manner that would identify the voter, it shall be considered spoiled. If
the voter inadvertently spoils a ballot, he shall return it to the
Representation Officer who shall destroy it and issue another ballot.

SECTION 11. Any voter may be challenged for a valid cause by

and duly authorized party representative before the voter casts his
vote.

SECTION 12. If a voter is challenged on valid grounds, the

Representation Officer shall segregate his ballot from the
unchallenged ballots and seal the questioned ballot in an envelop
indicating the name of the challenger and the ground of the challenge.

SECTION 13. At the end of the voting, the votes cast shall be
counted and tabulated by the Representation Officer in the presence
of the representatives of the parties. If the votes cast is less than
majority of the total eligible voters in the subject organizational unit,
the Representation Officer shall declare a failure of election.
Otherwise, he shall canvass the votes. Upon completion of the
canvassing, the Representation Officer shall give each representative
a certification of the results and the minutes of the election.
chanroblespublishingcompany

SECTION 14. The ballots, tally sheets, and certification of the

results, together with the minutes of the elections, shall be sealed in
an envelope and signed outside by the Representation Officer and by
the representatives of the contending parties. These envelopes shall
remain sealed under the custody of the Representation Officer and
shall be submitted to the Bureau which shall proclaim the winner
immediately.

SECTION 15. The organization which obtained the majority of the

total number of valid votes cast shall be certified and accredited as the
sole and exclusive representative of all the rank-and-file employees in
the subject organizational unit and shall remain as such unless
challenged by another registered employees organization in a
petition for certification election, subject to the limitation prescribed
in Section 3, Rule VI.chanroblespublishingcompany

SECTION 16. A formal protest may be filed within five (5) days
from the close of the election proceedings with the Bureau which shall
decide the same within twenty (20) days from the date of filing. No
protect shall be entertained after the lapse of the five-day period.
Neither shall a protest be entertained for grounds not raised and
recorded during the balloting. chanroblespublishingcompany

SECTION 17. In cases where there are at least three (3)

contending organizations and none received a majority of the valid
votes cast, the Representation Officer shall motu propio conduct a
run-off election within five (5) days from the close of the election.

In the run-off election, the rank-and-file employees shall vote on the

two registered employees organizations receiving the largest and
second largest number of votes in the first voting. chanroblespublishingcompany

RULE VII
Cancellation or Revocation of Certificate of Registration

SECTION 1. The Certificate of registration of any registered

employees organization may be cancelled at any time for cause on
any of the following grounds: chanroblespublishingcompany

a. Misrepresentation, false statement or fraud in connection

with the adoption or ratification of the constitution and by-
laws or amendments thereto;

b. Failure to submit the documents mentioned in the preceding

paragraph within thirty (30) days from adoption or
ratification of the constitution and by-laws or amendment
thereto;

c. Misrepresentation, false statement or fraud in connection

with the election of officers, minutes of the election of
 officers, the list of voters/members, or failure to submit
these documents together with the list of the newly
elected/appointed officers and their addresses within thirty
(30) days from election;

d. Commission of acts or engaging in activities contrary to law;

e. Checking off the special assessments or any other fees

without duly signed individual written authorization of the
members; and

f. Failure to submit list of individual members to the office or

Bureau once a year or whenever required.

SECTION 2. The Bureau shall serve the notice of the cancellation

proceeding to the employees organization concerned stating the
grounds therefor, at least five (5) days before the scheduled date of
hearing. chanroblespublishingcompany

SECTION 3. The Chairman of the Civil Service Commission and

the Secretary of the Department of Labor and Employment shall issue
the order of revocation of the certificate or registration. chanroblespublishingcompany

The order or decision shall be final.

RULE VIII
Terms and Conditions of Employment

SECTION 1. Terms and conditions of employment or

improvements thereof, except those that are fixed by law, may be
subject of negotiation. chanroblespublishingcompany

SECTION 2. The following concerns, among others, may be the

subject of negotiation between the employer and the accredited
employees organization: chanroblespublishingcompany

a. Schedule of vacation and other leaves;

b. Work assignment of pregnant women;

 c. Personnel growth and development;

d. Communication system lateral and vertical;

e. Provision for protection and safety;

f. Provision for facilities for handicapped personnel;

g. Provision for first aid medical services and supplies;

h. Physical fitness program;

i. Provision for family planning services for married women;

j. Annual medical/physical examination;

k. Recreational, social, athletic and cultural activities and

facilities.

SECTION 3. Those that require appropriation of funds, such as

the following, are not negotiable;chanroblespublishingcompany

a. Increase in salary emoluments and other allowances not

presently provided for by law;

b. Facilities requiring capital outlays;

c. Car plan;

d. Provident fund;

e. Special hospitalization, medical and dental services;

f. Rice/sugar/other subsidies;

g. Travel expenses;

h. Increase in retirement benefits.

SECTION 4. Matters that involve the exercise of management
prerogatives, such as the following, are likewise not subject to
negotiation:chanroblespublishingcompany

a. Appointment;

b. Promotion;

c. Assignment/Detail;

d. Reclassification/upgrading of position;

e. Revision of compensation structure;

f. Penalties imposed as a result of disciplinary actions;

g. Selection of personnel to attend seminar, trainings, study

grants;

h. Distribution of work load;

i. External communication linkages.

SECTION 5. Nothing herein shall be construed to prevent any of

the parties from submitting proposals to the proper authorities to
improve the terms and conditions of their employment. chanroblespublishingcompany

RULE IX
Settlement of Disputes

SECTION 1. Complaints or grievances arising out of conflicts

relative to terms and conditions of employment shall be filed initially
with the head of office concerned. The same shall be resolved in
accordance with the grievance procedure as provided for under
existing applicable civil service and labor laws, rules and procedures.

Complaints or grievances presented in Section 35 of Presidential

Decree No. 807, shall be within the exclusive jurisdiction of the Civil
Service Commission. chanroblespublishingcompany
SECTION 2. In case any dispute remains unresolved after
exhausting all the variable remedies under existing laws and
procedures, either or both parties may refer for appropriate action the
said dispute to the Council through the Office of Personnel Relations.

SECTION 3. The Council may call on any officer or agency for

assistance. It may deputize officers to hear and recommend action on
complaints or grievances filed with the Council. chanroblespublishingcompany

SECTION 4. The procedure in the Council shall be non-

adversarial in nature. The parties may be required to submit their
respective position papers, together with all evidence available in
support of their respective positions within fifteen (15) days from
receipt of notices.
chanroblespublishingcompany

SECTION 5. The decision of the council shall be final.

RULE X
Working Relationship of the Office of Personnel Relations
and the Bureau of Labor Relations

SECTION 1. By agreement between the Civil Service Commission

and the Department of Labor and Employment, and upon approval of
the Council, the activities governed by these rules, may be
consolidated for reasons of uniformity of actions, expediency and
coordination.

RULE XI
Effectivity

These rules shall take effect fifteen (15) days after

publication in a newspaper of general circulation. chanroblespublishingcompany
 ANNEX

CIVIL SERVICE COMMISSION

(Komisyon ng Serbisyo Sibil)

RESOLUTION

WHEREAS, the Public Sector Labor Management Council has

promulgated the Rules and Regulations to Govern the Exercise of the
Right to Self-Organization;

WHEREAS, there is a need to reduce the minimum percentage

requirement for purposed of registration to enable as many
employees as possible to become union members; to clarify the
meaning and intent of the term appropriate organizational unit to
clearly define the rights and obligations of both labor and
management in order to improve employee-management relations
and to provide a uniform procedure for a judicious and expeditious
settlement of labor disputes.
chanroblespublishingcompany

WHEREFORE, the following amendments to the Rules and

Regulations to Govern the Exercise of the Right of Government
Employees to Self-Organization are hereby adopted: chanroblespublishingcompany

SECTION 1. Rule III is hereby amended to include additional

sections denominated as Sections 5 and 6 which shall read as follows:

Section 5. Government employees shall not be discriminated

against in respect of their employment by reason of their
membership in employees organizations or reason of their
membership in employees organizations or participation in the
normal activities of their organization. Their employment shall
not be subject to the condition that they shall join or shall
relinquish their membership in the employees organization.

Section 6. Government authorities shall not interfere in the

establishment, functioning or administration of government
employees organizations through acts designed to place such
organizations under the control of the government authority.
SECTION 2. Section 1 of Rule IV is hereby amended by reducing
the minimum percentage requirement from twenty percent to ten
percent on the number of employees sufficient for registration and
adding a new paragraph thereof to clarify what is considered an
appropriate organizational unit for purposes of registration so that it
shall read in full as follows:

Section 1. The application for registration shall be signed by at

least TEN (10) PERCENT of the employees organizational unit
which the applicant employees-organization seeks to represent,
and shall be accompanied by the following:

a. One hundred (P100) pesos registration fee;

b. The names and addresses of the officers, the principal

address of the organization, the minutes of the
organizational meeting and the list of the employees
who participated in such meeting;

c. The names of the employees comprising at least TEN

(10) PERCENT of all the employees in the appropriate
organizational unit where it seeks to operate;

d. If the applicant employees organization has been in

existence for one or more years, copies of its financial
reports;

e. Four (4) copies of the constitution and by-laws of the

applicant organization, minutes of its adoption or
ratification and the list of the employees who
participated therein.

For purposes of Registration, an appropriate organizational unit

may refer to:

a. Department, including all their staff bureaus and

regional offices
 b. Line bureaus and their regional offices or equivalent
units, if any

c. Attached agencies

d. State universities or colleges, government-owned or

controlled corporations with original charters

e. Provinces, cities or municipalities

f. Such other clearly identifiable government units as

may be considered by the public sector labor-
management council taking into account the following:

1. Desire of employees

2. Commonality of interests

3. Exigencies of the public service

Provided, however, That these shall also be used by the council

in determining an employer unit within a department.

SECTION 3. Sections 2, 3, 4 and 5 of Rule IX are hereby

repealed and substituted wit new Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
and 12 which shall read as follows: chanroblespublishingcompany

Section 2. The procedure in the council shall be nonadversarial

in nature.

Section 3. In cases where complaints, grievances and other

disputes involving government employees remain unresolved
and irreconcilable after exhausting conciliation and mediation,
a petition may be filed with the council, thru the officer of
personnel relations of the Civil Service Commission, by the
employee organization and/or the agency head. The council
may assume jurisdiction motu proprio or upon petition by their
or both parties.
Section 4. The petition shall be in writing and shall indicate
the full names and addresses of the parties, the nature or cause
of action and the relief sought.

The petition shall be deemed filed on the time and date

appearing thereon as stamped by the office of personnel
relations or by the regional office of the Civil Service
Commission in case of personal delivery and on the date shown
by the postmark on the envelope which shall form part of the
record, in case the same is sent by mail.

Section 5. In acting on a petition or dispute, the council or

chairman may call on any officer of agency for assistance and
deputize any person to hear and report upon the issues raised in
the petition or involved in the dispute. In the performance of his
duties, the hearing officer may summon the parties and their
witnesses, administer oaths, and take testimony relative to the
matter at issue. If necessary, he may also require the parties to
submit position papers.

Each party shall prove his own allegations and present his
evidence in the proceedings conducted by the hearing officer.

Section 6. The hearing officer shall submit his report in writing

to the council within five (5) days from the termination of the
hearing. The report shall set forth the finding of fact and
conclusions of law, all the documents, paper and other evidence
gathered by the hearing officer shall be attached to his report.
When necessary, the council may call the parties and/or the
hearing officers to appear before it.

Section 7. The majority of the council shall constitute a

quorum but at least three (3) concurring votes shall be
necessary to render a decision.

Section 8. The council shall render its decision on a petition or

dispute within five (5) days from submission of the case for
resolution.
 Section 9. The decision shall be in writing and shall state
clearly the facts and the law on which it is base.

Section 10. The decision of the council shall be final and

executory after fifteen (15) days from its receipt by the party
concerned unless within such period a motion for
reconsideration is filed.

Section 11. A motion for reconsideration, copy furnished the

opposing parties, may be filed with the Regional Office, Civil
Service Commission, which shall immediately transmit the
same to the council, or with the office of personnel relations,
only one (1) motion for reconsideration shall be entertained.

Section 12. These rules shall be liberally construed so as

to promote just and expeditious settlement of disputes.chanroblespublishingcompany

SECTION 4. These Amendments to the rules shall take effect

fifteen (15) days after its publication in the Official Gazette or in a
newspaper of general circulation.

Done in the City of Manila, this 24th day of May, 1989.

chanroblespublishingcompany