Office of the President
of the Philippines
Malacañang
MEMORANDUM ORDER NO. 118-D
IMPLEMENTING THE EMPLOYEE GRIEVANCE MACHINERY OF THE OFFICE
OF THE PRESIDENT (PROPER) PURSUANT TO RULE XII
OF OMNIBUS RULES IMPLEMENTING BOOK V OF EO 292
There is hereby implemented in the Office of the President (Proper), a Grievance Machinery, pursuant to Rule XII of Omnibus Rules Implementing Book V of EO 292.
I. RATIONALE
It is the policy of the Office of the President to promote a worthwhile, wholesome, desirable and better supervisor-employee relations and prevent employee dissatisfaction and discontent.
II. OBJECTIVES
General
This Grievance Machinery is intended to simplify, speed up, and install an effective, expeditious, fair, equitable and just grievance machinery in the Office of the President (Proper) in order to create an atmosphere conducive to good supervisor-employee relationship and boost employee morale.
Specific
1. Establishes an orderly method for handling disputes;
2. Settles disputes at the lowest possible level of the organization;
3. Prevents discontent and disenchantment between and among the employees and officials;
4. Settles disputes in accordance with any contracts of agreement signed between management and the recognized negotiating unit within the terms of the agreement;
5. Enables the union to participate in resolving the complaints as well as grievances of the employees; and
6. Allows the parties to appeal from the results of the grievance negotiation step by step until a final, binding and satisfactory decision is reached.
III. GRIEVANCE MACHINERY PRINCIPLES
1. Any employee presenting a complaint or grievance shall be assured freedom from coercion, discrimination, or reprisal and of a speedy and impartial settlement of such complaint or grievance.
2. Complaints and/or grievance shall be settled at the lowest possible level.
3. The grievance proceeding shall be kept as simple as possible and shall not be bound by legal technicalities. Employing the services of a counsel is not necessary and should be avoided.
4. The grievance proceeding shall be aimed at determining at what is right and not who is right.
5. A complainant or grievance shall be considered not only in relation to its alleged object, but also in relation to the personal situation of the complaint.
6. The right to appeal a decision on grievance in accordance with the provision of this regulation shall not be curtailed.
IV. DEFINITION OF TERMS:
1. Complaint — means an employee’s expressed (written, spoken) feelings of dissatisfaction with some aspects of his working conditions, relationships or status which are outside his control.
2. Grievance — refers to a complaint in writing: the problem/s arising from physical working conditions, placement of employees, work distribution, performance appraisal, arbitrary actions, lay-offs and transfers, selection and promotion, and other matters that give rise to employee dissatisfaction, in the employee’s opinion, have been ignored, overridden or dropped without due consideration.
3. Grievance Procedure. — refers to the method of determining and finding the best way to remedy the specific cause or causes of the complaint or grievance.
4. Top Management/Management — refers to a person or group of persons vested with recommendatory powers or prerogatives to a) lay down and execute management policies and/or b) hire, transfer, suspend, lay-off, recall, discharge, assign, or discipline employees.
5. Employees — refer to employees of the Office of the President whose positions do not belong to top management.
6. Employee-Management Committee — a body referred to as the “Committee”, equally composed of representatives from management and employees, the main function of which are the settlement and resolution of grievances.
7. Employee-Management Consultative Council — a body referred to as the “Council”, composed of members having authority to act on grievances elevated to it by the committee.
8. Modes of Settling Employee-Management Disputes
Disputes among officials and employees in the Office of the President (Proper) shall be settled by the process of conciliation, mediation or arbitration.
8.1 A conciliator shall be tasked with bringing the contending parties together, encouraging them to talk to each other about their differences in a non-adversarial manner, and assist them in arriving at a mutually acceptable solution.
8.2 A mediator shall come in after conciliation fails. He shall take a more active role in helping the parties arrive at a mutually acceptable solution to their problem; failing which, he shall recommend his own solutions for the settlement of disputes.
8.3 An arbitrator may be an individual or a board of three, either of whom is empowered to make a decision to resolve the dispute. An arbitrator may be chosen by both parties who shall be known as a voluntary arbitrator and whose decision shall be final and binding on both parties.
Where voluntary arbitration fails, a compulsory arbitrator shall be appointed by the Executive Secretary or the Deputy Executive Secretary, whose decision after due hearing shall be final and executory.
8.4 Conciliation – process whereby a third party (conciliator) brings the parties together encourages them to discuss their difference and assists them in developing their own proposed solutions.
8.5 Mediation – process whereby a third party (mediator) is more active in assisting the parties reach acceptable solutions to the problem/s and help the disputing parties develop or come out with an acceptable solution. He can even submit his own proposal/s for the settlement of disputes.
8.6 Arbitration – process whereby a third party (individual arbitrator), a board of arbitrators, or an arbitration court not acting as a court, is empowered to make a decision which disposes of the dispute.
a. Voluntary – a method of settling dispute/s by submitting the “controversy” before an arbitrator chosen by both parties. The voluntary arbitrator shall render a decision after proper hearing of the issues. The decision of the arbitrator shall be final and binding on the contending parties.
b. Compulsory – a method resorted to when the dispute has become hardened and irreconcilable and remains unresolved after exhausting all the available remedies under existing laws and procedures. The dispute is thus submitted to the Public Sector Labor Management Council (PSLMC), which shall render a decision after proper hearing of the issues. The decision of the Council shall be final and binding on the contending parties.
V. SCOPE OF GRIEVANCE MECHANISM
This Grievance Machinery shall cover all officials and employees in the Office of the President (Proper) whether in the career or non-career service, holding permanent, temporary, contractual or casual appointments.
It shall be applied to the following:
1. Unsatisfactory working conditions;
2. Improper, tedious or laborious work assignments;
3. Faulty tools or equipment;
4. Unsatisfactory personnel and/or work procedures;
5. Improper placements;
6. Arbitrary exercise of discretion;
7. Inter-personal relations;
8. Policies, practices and procedures which affect employees;
9. Any and all matters giving rise to employee dissatisfaction; and
when the grievance arises from official, day-to-day working relationship between and among officials and employees in the Office of the President (Proper); and, in case of a recognized negotiating unit, between that unit and management. It shall not apply to cases of dissatisfaction with official actions finally taken by the Office of the President or in disciplinary cases involving: warning or admonition, reprimand, suspension or dismissal.
Complaints and grievances may refer to any of the following:
A. Between and among individual Employees and Supervisor/Management
1. Economic issues:
Policies, practices and procedures on economic issues such as financial and other terms and conditions of employment fixed by law.
2. Non-Economic issues:
– Policies, practices and procedures which affect employees including but not limited to recruitment, promotion, detail, transfer, retirement, termination or lay-off.
– Physical working conditions which impairs efficiency or are hazardous to health.
– Interpersonal and interorganizational relationship and linkages.
– Abuse in the exercise of discretion and/or management prerogatives.
B. Between the Management and the Recognized Negotiating Unit (RNU)
1. Economic issues and other economic packages fixed by law
2. Political issues
– Recognition and coverage of negotiating unit
– Association Security and Check off
– Violation of provisions and/or policies on self-organization
3. Any other matter giving rise to employee dissatisfaction.
VI. THE GRIEVANCE PROCEDURE
The procedures for resolving complaints and seeking relief to grievances shall be as follows”
A. For an individual employee:
1. Verbal Complaint – A complainant shall present verbally his complaints to his immediate supervisor who shall, within three (3) working days from the date of presentation, inform the employee verbally of his decision. In the verbal discussion, the following shall be observed:
a. The complaint should be made to feel at the ease and should be encouraged to talk and explain his/her side.
b. Verbal discussion should be held in private where the conversation cannot be interpreted or be heard.
c. The supervisor should allow the complainant to explain fully his/her side before giving his/her opinions and views on the case.
d. The supervisor may not give a definite decision immediately at the end of the discussion. However, it shall be rendered within three (3) days after presentation of the complaint.
2. Written Complaint/Grievance –
a. If the complainant is not satisfied with the verbal discussion, he may submit his grievance in writing within five (5) working days from receipt of the oral decision of his immediate supervisor, who shall forward the same with his comments within five (5) working days to the next higher supervisor, as the case may be, who shall within five (5) working days from receipt thereof inform the employee in writing through his immediate supervisor of the decision. PROVIDED, HOWEVER, that when the object of the grievance is the immediate supervisor, the complainant may bring the grievance to the next higher supervisor who shall take a proper action within five (5) working days from receipt of the complaint.
b. If the complainant is not satisfied with the decision of the higher supervisor, he may appeal his grievance to the Grievance Committee within five (5) working days from receipt of the decision, through the higher supervisor. The higher supervisor shall make the necessary comments and forward the grievance within five (5) days to the Grievance Committee which shall, within ten (10) working days from receipt of the grievance, conduct an investigation and hearing. The Grievance Committee shall furnish the complainant with a copy of its decision within five (5) days after the investigation and hearing, through the higher supervisor and immediate supervisor: PROVIDED, HOWEVER, that where the object of the complaint is the higher supervisor, the complainant may bring his case directly to the Grievance Committee.
c. If the complainant is not satisfied with the decision of the Grievance Committee, he may on valid grounds ask for a reconsideration of the same, and if denied by the Committee, he may elevate his grievance through the Committee of top management within five (5) working days from receipt of the decision, who shall make the decision within ten (10) days working after the receipt of the grievance: PROVIDED, HOWEVER, that where the object of the complaint is the top management, the complainant may bring his grievance directly to the Civil Service Commission.
d. If the complainant is not satisfied with the decision of top management, he may appeal or elevate his grievance to the Employee-Management Consultative Council. The Council shall if necessary, conduct an investigation, mediation and hearing and render a decision within fifteen (15) days, from receipt of the grievance.
e. The aggrieved party may file a petition for reconsideration with the Civil Service Commission within five (5) working days from receipt of the decision. Such petition shall be resolved within five (5) working days from receipt thereof.
f. The Commission’s decision is final, binding and executory unless appeal from said decision is brought to the proper courts.
g. Appeal to the Courts by either party shall be in accordance with the Rules of Court.
B. For the Office of the President Employees Network (OPEN) Members who would like to present his case through the Recognized Negotiating Unit:
1. Verbal Discussion
A complainant shall present verbally his complaints in the first instance to his immediate supervisor through the OPEN representative, who shall, within three (3) working days from the date of presentation, inform the employee orally of his decision through the OPEN representative.
2. Grievance in Writing
a) If the employee is not satisfied with the verbal decision, the employee through the OPEN representative may submit his grievance in writing within five (5) working days from receipt of the verbal decision of his immediate supervisor to the next higher supervisor. The immediate supervisor shall comment within five (5) days on the grievance and provide the next higher supervisor with a copy of such comment. The higher supervisor shall render his decision within five (5) working days from receipt of the grievance and shall inform the employee in writing through the OPEN representative of his decision: PROVIDED, HOWEVER, that where the object of the grievance is the immediate supervisor, the complainant may directly bring his grievance to the next higher supervisor.
b) If the complainant is not satisfied with the decision of the next higher supervisor, he may appeal to the Grievance Committee through the OPEN president or authorized representative within five (5) working days from receipt of the decision of the next higher supervisor. The Grievance Committee shall conduct an investigation and hearing within ten (10) working days from receipt of the grievance and shall render decision within five (5) working days after the investigation: PROVIDED, HOWEVER, That where the object of the grievance is the Grievance Committee, the complainant may elevate his grievance, through the association president or authorized representative, to top management.
c) If the complainant is not satisfied with the decision of the Grievance Committee, he may elevate his case to top management through the president of the OPEN or its authorized representative within five (5) working days from receipt of the decision. The Grievance Committee shall furnish management comments on the grievance within five 5 days. Management shall make the decision within ten (10) working days after receipt of the grievance: PROVIDED, HOWEVER, That where the object of the grievance is the top management, either or both parties may request conciliation/mediation services.
d) If the complainant is not satisfied with the decision of top management, either or both parties may request the conciliation/mediation services of the Civil Service Commission which shall render the same within ten (10) days.
e) If there is a deadlock, either or both parties may appeal to the Public Sector Labor Management Council (PSLMC) through the Office for Personnel Relations which in turn shall submit to the PSLMC its comments within five (5) working days after receipt of the complaint. The PSLMC shall render its decision within thirty (30) working days thereafter. The decision of the Council shall be final, binding and executory unless appeal is brought to the proper courts.
f) Appeal to the Courts shall be in accordance with the Rules of Court.
The flow charts are attached as Annexes “A” and “B”.
The complainant shall fill up the grievance form which shall provide the following information:
1. Name of the complainant
2. Position Title
3. Designation (if needed)
4. Present Section or Division of Assignment
5. Immediate Supervisor
6. Present Department or unit of assignment
7. Higher Supervisor
8. Nature of Grievance
9. Adjustment Desired
10. Signature of employee
11. Signature of Association Official/Representative (if applicable)
12. Date of filing from the lowest level in the agency
VII. COMPOSITION OF THE GRIEVANCE COMMITTEE
A. The Grievance Committee shall be composed of the following:
For complaints/grievances existing between and among individual employees and supervisor/management.
1. One (1) member of top management or his representative to act as Chairman
2. One (1) higher supervisor/except the one being complained of.
3. One (1) member chosen by the rank-and-file employees
4. An alternate for higher supervisor and employee in case the complaint concerns any of the members of the committee.
B. Management and the Recognized Negotiating Unit (RNU)
For complaints/grievances existing between the management and OPEN.
1. One (1) member of top management or a representative to act as Chairman.
2. One (1) higher supervisor except the one being complained of.
3. One (1) member chosen by the association (OPEN).
4. An alternate for higher supervisor and employee in case the complaint concerns any of the members of the committee.
C. Public Sector Labor-Management Council or the Council
1. One (1) regular representative chosen by the Chairman of the Civil Service Commission who shall automatically be Chairman of the Council and who shall serve for two (2) years;
2. One (1) regular representative designated by the Secretary of Labor and Employment who shall serve for two (2) years;
3. One (1) representative from the Committee to represent top management; ASCTac
4. The representative chosen by OPEN, with the consent and approval of management.
VIII. DECISION IMPLEMENTATION
Unless appealed, or otherwise provided, the decision of the concerned authorities shall take effect immediately and/or upon receipt of the decision of all parties involved.
IX. RESPONSIBILITIES OF PERSONNEL OFFICER/RECORDS KEEPER OF THE RECOGNIZED NEGOTIATING UNIT
All records involving complaints and grievances shall be kept by the Personnel Officer of the Office of the President (Proper), and by the records keeper of the recognized negotiating unit.
The Committee may seek the assistance of or call upon any head of this Office in the performance of its functions.
This Order shall take effect immediately.
By authority of the President:
(Sgd.) EDELMIRO A. AMANTE, SR.
Executive Secretary
Manila, May 31, 1993
References: Annexes A and B