Public Sector Unionism

Meaning - Public Sector Unionism

• Also known as employee-employer relations.

• An organization of government employees established for the protection and furtherance of their interests.

Seven Purposes - Public Sector Unionism

1. Promote harmonious relationship between rank-and-file employees and management.

2. Compel management to observe democratic processes related to the merit system.

3. Influence legislation to protect and uplift employee welfare.

4. Partner with management in policy making, implementation, and monitoring.

5. Act as a watchdog to minimize graft and corruption.

6. Serve as an agent of change for efficient and effective public service delivery.

7. Bargain for improved work terms and conditions not fixed by law.

Three Constitutional Provisions - Public Sector Unionism

1. Article III, Section 8 (Bill of Rights): “The right of 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.”

2. Article IX-B, Section 5 (Constitutional Commission): “The right to self-organization shall not be denied to government employees.”

3. Article XIII, Section 3 (Labor): “The state shall guarantee the rights of all workers to self-organization, collective bargaining and negotiation and peaceful concerted activities, including the right to strike in accordance with law.”

🇵🇭 Development of PSU in the Philippine Setting and Other Policies

• Isabelo de los Reyes: Founded Iglesia Filipina Independente and Union Obrera Democratica (first labor union).

• 1890: Andres Bonifacio organized the Clerk of Courts Association.
  

• ILO Conventions

  • 1919: Freedom of Association

  • ILO Convention 87 (1948): Freedom of Association and Right to Organize (signed 1953)

  • ILO Convention 98 (1949): Right to Organize and Collective Bargaining

Four Executive and Legal Framework - Public Sector Unionism

1. Executive Order 180: Guidelines for government employees’ right to organize; creates Public Sector Labor Management Council (PSLMC).

2. Article 174 (Local Government Code of 1991): Establishes grievance committees for local government employees.

3. Law on Higher Education: Academic personnel may form separate unions from non-academic personnel.

4. PSLMC Resolution No. 13, s.2023: Governs union registration, accreditation, election, collective negotiation, unfair labor practice, dispute settlement, and creation of EOMCC.

Six Principles of Unionism

1. Democracy: Encourages employee participation in decision-making.

2. Independence: Autonomous from management and politics; must have resources.

3. Unity: Power stems from worker solidarity.

4. Militance: Active assertion of rights through legal and political actions.

5. Responsibility: Accountable to the public; Elements of responsible unionism:

   • Awareness of rights and obligations.

   • Reasoned imposition.

   • Partnership with management.

   • Balanced protection of interests.

6. Solidarity: Promotes better living and working conditions.

Five Objectives of Unionism

1. Economic Development and Welfare: Better wages, benefits, job security.

2. Respect and Protection of Rights: Counters management abuse.

3. Social Responsibility: Accountability to the public; model behavior.

4. Humane, Relevant, Nationalist Culture: Rejects passivity; promotes dynamic unionism.

5. Empowerment: serves as a torch for generations.

Seven Roles and Obligations of Registered Employee Organizations

1. Instill spirituality, accountability, excellence, discipline, integrity, patriotism.

2. Promote members’ moral, social, economic well-being.

3. Protect and uphold members’ rights.

4. Foster harmonious labor relations.

5. Advocate internal policies for rank-and-file employees.

6. Educate members on rights, obligations, and labor systems.

7. Represent negotiating unit in forging a CNA with management.

Comparative Table: Private vs. Public Sector Unionism

Policy	Private	Public
Membership for Registration	20%	10%
Name of Organization	Legitimate Labor Organization	Employees’ Organization
Classification of Members	Managerial, Supervisory, Rank and File	Rank and File (excluding third level and confidential positions)
Objectives	Mutual Aid, Protection, Collective Bargaining	Furtherance and Protection of Interests
Recognition by Management	Non-Mandatory	Mandatory
Right to Strike	Can strike on deadlock and unfair labor practice	No strike (Policy: MC 6, 1987)
Federation	Existent	Non-existent
Tripartism	Existent	Non-existent

Terminologies and Additional Policies

• Registration: Establishes official union existence.

• Accreditation: Grants authority to negotiate with management.

• Certification Election: Determines sole employee union.

• Run-Off Election: Held when two unions tie in certification election.

• Concerted Actions: Includes peaceful protests, symbolic attire, petitions.

• CNA (Collective Negotiation Agreement): Registered with CSC; valid for 4 years.

Eight Processes in Negotiation

1. Preparation and Planning

2. Definition of Ground Rules

3. Clarification and Justification

4. Negotiating and Problem Solving

5. Closure

6. Ratification

7. Approval

8. CNA Registration with CSC

Eight Elements of Dispute Settlement (PSLMC Res. 13, 2023)

1. Grievance Machinery: Meeting within 5 days of counter-proposal.

2. Conciliation

3. Mediation

4. Arbitration

5. Access to Records

6. Expenses

7. Time Frame

8. Postponement and Delays: Resumption within 5 working days.

Five Forms of Dispute Settlement

1. Grievance Machinery

2. Conciliation

3. Mediation

4. Arbitration

5. CNA

Definition of Terms

• Complaint: Expressed dissatisfaction over work conditions or relationships.

• Grievance: Written complaint perceived as ignored or unresolved.

• Grievance Procedure: Method to resolve complaints.

• Conciliation: Third party facilitates discussion and solution.

• Mediation: Third party actively helps develop solutions; may propose settlements.

• Arbitration: Third party makes binding decisions.

  • Voluntary: Parties agree to third-party resolution.

  • Compulsory: Used when disputes remain unresolved after all remedies.