COLLECTIVE NEGOTIATION AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This COLLECTIVE NEGOTIATION AGREEMENT is made and entered into by and between: The LOCAL GOVERNMENT UNIT OF DIGOS CITY, a government agency with principal office address at Jose Abad Santos Street, Digos City, herein represented in this agreement by the City Mayor ATTY. JOSEPH R. PEÑAS, CPA, hereinafter referred to as the LGU-DIGOS CITY, And The DIGOS CITY LOCAL GOVERNMENT EMPLOYEES ASSOCIATION (DICILGEA), an organized and existing legitimate organization with Registry Certificate No. CN201030806 dated September 16, 2010, issued by the Securities and Exchange Commission (SEC) and accredited by the Department of Labor and Employment (DOLE) and Civil Service Commission (CSC), with office address at Jose Abad Santos Street, Digos City herein represented by its President LORETO L. DICDICAN hereinafter referred to as the UNION. W I T N E S S E T H WHEREAS, the employees’ rights to self-organization and collective negotiations are fully guaranteed in three (3) separate provisions of the 1987 Philippine Constitution, as follows: • Article III, Section 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.” • Article IX (B), Section 2 (5). “The right to self-organization shall not be denied to government employees.” • Article XIII, Section 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. It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including 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.” WHEREAS, Executive Order No. 180 issued on June 01, 1987 authorizes management and the accredited union of the agency to enter into collective negotiations on terms and conditions of employment which are not fixed by law; WHEREAS, the LGU-DIGOS CITY supports the rights of employees to self organization and collective negotiations; WHEREAS, the UNION is recognized as the sole and exclusive representative of all the rank-and-file employees of the LGU-DIGOS CITY; WHEREAS, it is to the best interest of the LGU-DIGOS CITY and the UNION to establish harmonious working environment which will promote their mutual interests, that will ultimately result to the delivery of genuine public service. WHEREAS, the parties commit to uphold the letter and spirit of this Agreement. NOW THEREFORE, for and in consideration of the foregoing premises, the parties hereby agree and stipulate as follows: ARTICLE I DECLARATION OF PRINCIPLES Section 1. The UNION recognizes the authority and prerogative of the LGU-DIGOS CITY Management in the implementation of existing laws governing terms and conditions of employment in the government and the maintenance of employee benefits provided by law, and such personnel actions as hiring, promotion, reassignment, termination as a result of disciplinary action and in establishing policies, office procedures and rules and regulations. The management shall exercise at all times sound discretion and prerogatives in accordance with law. Section 2. The LGU-DIGOS CITY shall consult the UNION in all matters affecting the rights, welfare and other concerns of the rank-and-file employees. Section 3. The UNION shall participate in the formulation of policies, plans and programs affecting their rights, benefits and duties. As such, its representative(s) shall sit as member in the Local Management Committee and other committees as may be provided by law and CSC rules and regulations in cases employees’ welfare, rights and benefits is the subject of discussion. Section 4. Except in the exigency and interest of the service, the LGU-DIGOS CITY shall not interfere in the establishment, organization, functioning, peaceful concerted activities and administration of the UNION through acts designed to place the UNION under its control. Section 5. The activities of the UNION shall be conducted in consonance with its constitution and by-laws and shall be consistent with the duty of government to provide effective and dependable service to the public. Section 6. The parties shall promote a progressive and harmonious relationship and uphold the letter and spirit of this Agreement. ARTICLE II RECOGNITION Section 1. The LGU-DIGOS CITY recognizes the UNION as the sole and exclusive negotiating representative of all rank-and-file employees in the CNC as defined in Section 1, Article III hereof. Section 2. The LGU-DIGOS CITY shall deal only through and directly with, the UNION on all matters and issues affecting the rights and interest of the unit’s rank-and-file employees, in relation to the terms and conditions of their employment with the City government. ARTICLE III DEFINITION OF THE NEGOTIATING UNIT Section 1. Negotiating Unit. It is the unit composed of rank-and-file personnel employed by LGU-DIGOS CITY regardless of status of employment whether permanent, temporary, and casual, and all other employees unless excluded by law. It is understood further that whenever used in this Agreement, the term “employees” refers only to those within the scope of the negotiating unit as defined herein, in accordance with Section 2 Rule II of Executive Order No. 180. ARTICLE IV SCOPE OF REPRESENTATION Section 1. The parties agree that the appropriate Collective Negotiating Committee (CNC) shall consist of all the rank-and-file employees of the LGU-DIGOS CITY with Grade Level 1 up to Level 20 except those specifically excluded by Executive Order No. 180 and its Implementing Rules and Regulations and Civil Service Commission Rules and Regulations. ARTICLE V UNION SECURITY Section 1. All employees who are members of the UNION on the date of signing of this Agreement, as well as all employees who subsequently become members of the UNION during the effectivity of this Agreement shall maintain their membership of good standing with the UNION for the duration of this Agreement. A certificate of membership shall be given to all members. Section 2. The LGU-DIGOS CITY shall not discriminate against any employee due to membership in the UNION or for acts performed as an officer or representative of the UNION in accordance with law and pursuant to this Agreement. Section 3. Subject to the exigency of the service, LGU-DIGOS CITY shall allow the holding of UNION meetings not exceeding the frequency indicated in Section 1 of Article VI. Section 4. The LGU-DIGOS CITY shall grant official time to UNION officers or members who shall attend workers’ education programs, seminars, meetings, conventions, conferences, symposia and others including leadership trainings in trade unionism, workers congresses and similar activities conducted by the government and non-government agencies, subject to the availability of funds and prevailing CSC and DBM issuances. Section 5. The LGU-DIGOS CITY shall be informed in writing by the UNION of the names of Officers, who are duly elected to the Board. Said Officers shall not exceed the number per official list submitted to the LGU-DIGOS CITY by the UNION as of the date of signing of this Agreement. The UNION shall inform the LGU-DIGOS CITY of any substitutions or changes of the UNION officers within fifteen (15) days from their official election/designation, as well as their functions and duties as defined under the UNION’s Constitution and By-laws. Section 6. Upon request and subject to availability of service vehicles, the LGU-DIGOS CITY shall provide service vehicle/s for the use of the UNION in attending official meetings called by any government agency, or duly accredited organizations on matters concerning the welfare of the employees. Section 7. The LGU-DIGOS CITY recognizes the right of the UNION to resort to check-off or payroll deduction to collect payment of union dues and other assessment fees upon presentation of an authorization to deduct. It is agreed that in implementing check-off, the remittance shall be on or before the 30th day of the month of deduction. Section 8. The LGU-DIGOS CITY agrees to collect agency fees for the UNION, from the employees within the negotiating unit who are non-members of the UNION and who are benefited by this Agreement a onetime fee of P200.00 and dues equivalent to P20.00 per month starting January 2010 and every month thereafter without the need of individual written authorization as provided by CSC Memo Circular No. 01 Series of 1993 adopted and approved on November 15, 1993. Non-union members who refuse or fail to pay the Agency Fee shall not be entitled to receive any benefits that may be granted by virtue of this Agreement, subject to existing rules and regulations applicable on the matter. Section 9. The LGU-DIGOS CITY shall furnish the UNION, upon request, the LGU-DIGOS CITY’s financial report, yearly approved performance budget and COA Audit Report. The UNION agrees to furnish LGU-DIGOS CITY a copy of its plans and programs and the audited financial report. ARTICLE VI UNION OFFICE Section 1. The LGU-DIGOS CITY shall provide the UNION adequate office space with necessary furniture and fixtures at the LGU-DIGOS CITY premises for its usual and regular conduct of official and business activities, during the first year of this Agreement and every year thereafter. Section 2. The LGU-DIGOS CITY shall provide operating and maintenance expenses for the Union Office inclusive of water, electrical, janitorial, office supplies, postage and use of office equipment. ARTICLE VII UNION RIGHTS AND PRIVILEGES Section 1. The LGU-DIGOS CITY authorizes the holding by the UNION of regular Board Meetings once a quarter and such special meetings which shall not exceed twice a month, as may be deemed necessary, for information and educational purposes, during office hours, and a General Assembly once a year, the exact date of which shall be notified to the Office of the Mayor. Notice of the Meeting/s shall be sent to the Office of the Mayor. If there is a need for an additional General Assembly, request for holding of the same shall be made to the Office of the Mayor. The LGU-DIGOS CITY shall also allow the holding of Committee Meetings as the need arises, provided the request for the holding of the same is made to the Office of the Mayor. The LGU-DIGOS CITY shall likewise allow the UNION to use facilities for such meetings, provided it is not in conflict with the schedules of the LGU-DIGOS CITY. Section 2. The LGU-DIGOS CITY grants to the UNION Union Leave with pay to selected officials and members of the UNION to attend to workers’ education programs, seminars, meetings, conventions, conferences, leadership training, here and abroad. Expenses in connection with such activities when held in Metro Manila or in the provinces shall be shouldered by LGU-DIGOS CITY but limited only to five (5) participants but not more than five times in a year. On a case to case basis, the LGU-DIGOS CITY may give financial support to activities outside the country but not limited to three (3) representations in a year, however, it is most desirable that the sponsoring organization or country shoulder the total expense. Section 3. The President and the Vice-President of the UNION shall be entitled to devote one (1) day a week for UNION activities. Section 4. The LGU-DIGOS CITY shall shoulder the expenses for the printing in booklet form and distribution of copies of this Agreement to all employees. Copies of this Agreement shall be distributed not later than one week from date of signing. Section 5. The LGU-DIGOS CITY shall provide the Union appropriate Bulletin Boards to be situated in conspicuous places and in the remote offices where workplaces are situated. These Bulletin Boards shall be maintained by the UNION. The LGU-DIGOS CITY shall provide and maintain suggestion boxes in all its offices. All letters addressed to the UNION shall be forwarded unopened. Section 6. The LGU-DIGOS CITY shall allow the UNION to undertake certain projects or activities which the latter deems beneficial to its members. Section 7. The LGU-DIGOS CITY shall institutionalize its channel of communications to the UNION by including the UNION in its official mailing and routing list. Section 8. The LGU-DIGOS CITY shall require UNION members who will retire, transfer and resign from the agency to secure clearance from the UNION for property and monetary accountabilities. ARTICLE VIII PERSONNEL ACTIONS Section 1. The UNION recognizes the authority of the LGU-DIGOS CITY over personnel actions/movements such as hiring, promotion, reassignment, termination as a result of disciplinary action, and in establishing policies, office procedures and rules and regulations. The LGU-DIGOS CITY shall at all times exercise management discretion judiciously and in accordance with law. Section 2. The LGU-DIGOS CITY agrees that when there is a need for reassignment, consultation shall be made with the Department Head needing additional personnel; the employee to be reassigned, his Department Head and the UNION President. Reassignment shall be made only in the exigency of the service. On the part of the UNION, it agrees to be objective in its evaluation of the need for reassignment. Section 3. The LGU-DIGOS CITY shall exert all efforts to achieve an improved, highly efficient and responsive management and workforce for the betterment of the City without resorting to reorganization. It shall implement strictly the Performance Evaluation System in accordance with existing Civil Service rules and regulations. Section 4. The LGU-DIGOS CITY shall strictly refrain from assigning non-career employees such as consultants, casual, contractual and job-order employees to positions that exercise direct supervision over regular career employees in accordance with CSC Memorandum Circular No. 40, series of 1998. Section 5. Casual, contractual and job-order employees, cannot be removed from office during the period of their employment without valid or justifiable cause. However, the UNION and the LGU-DIGOS CITY may agree that the termination of the services of casual, contractual and job-order employees during the period covered by their appointment will be based on performance or lack of funds. When the reason is lack/insufficiency of funds, no further hiring of casuals, contractual and job-order shall be made. However, when funds are already available, the casual, contractual and job-order employees whose services had been terminated due purely to lack of funds shall be hired unless the need calls for an expertise or skills, which he/she does not possess. Section 6. Flexible working hours may be allowed subject to the discretion of the Local Chief Executive or head of department but not to exceed the arrival at 9:00 o’clock in the morning. In no case shall the weekly working hours be reduced in the event the department adopts the flexi-time schedule in reporting for work. Section 7. Officers and employees who have incurred tardiness and undertime regardless of minutes per day exceeding ten (10) times a month for two (2) consecutive months or for two (2) months in a semester shall be subject to disciplinary action. ARTICLE IX RETENTION OF EMPLOYEES RIGHTS AND BENEFITS Section 1. Employees shall continue to enjoy all existing rights and benefits pertaining to their conditions of employment including but not limited to economic benefits insofar as maybe authorized by civil service law, rules and regulations and other applicable laws. Section 2. Qualified casual, contractual and job-order employees shall be the first line of priority in case of hiring of regular employee without prejudice to the privileges of the next of kin under Article X, Section 3. ARTICLE X EMPLOYEE BENEFIT PROGRAMS Section 1. Loyalty Pay. - The LGU-DIGOS CITY shall appropriate funds for the implementation of loyalty pay to its employees as prescribed by CSC Memorandum Circular No. 06, series of 2002. Section 2. Leave Privileges. - The LGU-DIGOS CITY shall grant its official and employees special leave privileges in accordance with the provision of CSC Memorandum No. 6, series of 1996 and its other related issuances. And upon proper application and approval of CSC, additional non-cumulative leave privilege of two (2) days Emergency Leave in cases of actual emergencies such as typhoons, floods and other natural and/or manmade disasters or calamities. Section 3. Employment of next of kin.. - In case of retirement under existing laws of any employee of the LGU-DIGOS CITY, the spouse or any of his/her descendants within the first degree of consanguinity shall be given preference for employment in the LGU-DIGOS CITY, provided he/she possesses the necessary qualification requirements and the retired employee has rendered at least ten (10) years of service to the LGU-DIGOS CITY. In case of death or total permanent disability, this provision shall also apply regardless of the employee’s length of service. Section 4. Medical and Dental Assistance. - The LGU-DIGOS CITY shall provide annually at least Five Thousand Pesos (P 5,000.00) per employee as medical and dental assistance for a comprehensive medical check-up and dental services. Subject to funds availability and in accordance with accounting and auditing rules and regulations. Section 5. Rehabilitation Leave. - The LGU-DIGOS CITY shall ensure the implementation of Rehabilitation Leave for work-related injuries in accordance with Section 55, Rule XVI (Leave of Absence) of the Omnibus Rules Implementing Book V of Executive Order No. 292 as amended by CSC MC Nos. 41, s. 1998; 6, 14, 24, s. 1999). The payment for related medical attendance, necessary transportation, subsistence and hospital fees of the injured employee shall be authorized subject to existing accounting and auditing rules and regulations and availability of funds. Section 6. Awards and Incentives. The LGU-DIGOS CITY shall ensure the implementation of the Unified Program on Awards and Incentives for Service Excellence (PRAISE) in accordance with the provisions of CSC MC# 01 series of 2001. Section 7. Shuttle Service. – The LGU-DIGOS CITY shall provide a shuttle service for the employees. Section 8. Day Care Center. - The LGU-DIGOS CITY shall provide Day Care Center for working mothers pursuant to Section 4 of Executive Order No. 340 Series of 1997 starting on the first year of this Agreement and every year thereafter. Section 9. Recreation Area. - The LGU-DIGOS CITY shall provide the employees a permanent area for recreational purposes. It shall likewise provide the necessary physical fitness, sport and/or recreational equipment and facilities for use of all employees free of charge. Section 10. Increase in Existing Benefits. - Based on the proposal of the UNION, the LGU-DIGOS CITY shall submit proposals to appropriate for the increase in the amount of existing benefits granted to its officials and employees and for the grant of the following benefits: • Social Amelioration Allowance • Staple Food Allowance • Birthday Bonus Package • Incentive Bonus for Retiree • Grocery Allowance • Medical and Dental Benefits • Hazard Allowance to employees who are exposed to occupational risk and hazardous working condition Section 11. Housing Program. - The LGU-DIGOS CITY shall ensure officials’ and employees’ access to housing benefits and information pertinent thereto. Jointly with the UNION, the LGU-DIGOS CITY shall work for a special housing allocation for its qualified officials and employees. For this purpose, the LGU-DIGOS CITY shall make available its own vacant lots or whenever reasonable and practicable purchase private lots for the officials and employees housing program and that the LGU-DIGOS CITY shall coordinate with appropriate government agencies relative to said housing program. Section 12. Provident Fund. - The LGU-DIGOS CITY shall set up a Provident Fund for its officials and employees in accordance with law. For this purpose, a Board of Trustees shall be created composed of the City Mayor or its duly authorized representative as the Chairman and six (6) other members, three (3) of whom shall be appointed by the City Mayor and the other three (3) to be appointed by the UNION Board. Section 13. Travel Day-Off. - The LGU-DIGOS CITY shall grant the employees one (1) day-off for travels of four (4) days up to fifteen (15) days and two (2) days for travels exceeding fifteen (15) days. Section 14. Compensatory Day-Off. - The LGU-DIGOS CITY shall grant non-commutable leave credits or compensatory day-off in lieu of overtime services rendered without pay pursuant to the provisions of CSC MC No. 30, s. 1994. Section 15. Living Quarters. - The LGU-DIGOS CITY shall provide and maintain in the City Hall living quarters for transient employees on official business. ARTICLE XI WORKING HOURS, SALARIES AND OTHER RELATED MATTERS Section 1. Work Schedules. - Employees may be allowed by the LGU-DIGOS CITY flexible time schedule as provided under Civil Service Commission rules and regulations. Section 2. Tardiness and Absences. - Employees who exceed the minimum number of tardiness and absences shall be given necessary action as provided under Civil Service Commission rules and regulations. Section 3. Payment of Overtime. Overtime pay shall be paid immediately upon rendition thereof subject to existing rules. Section 4. Night Shift Differential. The LGU-DIGOS CITY shall grant a 10% night differential pay to employees who are authorized to work between 10:00 P.M. – 6:00 A.M. Section 5. Performance and Attendance Incentive. The LGU-DIGOS CITY shall provide complete attendance (excluding privilege and forced leave, special non-working holidays, suspension of work attendance due to typhoons, strikes and the like) incentive of not less than P10,000.00 to employees who have not incurred absences within the year starting on the first year of this agreement and every year thereafter. Further, the LGU-DIGOS CITY may provide as form of incentives in cash or in kind rewards to outstanding employees. ARTICLE XII HEALTH AND SAFETY; WORK ENVIRONMENT CONDITIONS Section 1. The LGU-DIGOS CITY shall comply with applicable regulations requiring safety, health and sanitary working conditions prescribed by appropriate governmental authorities. Section 2. The LGU-DIGOS CITY shall provide adequately equipped and properly manned first aid units in all its offices and stations. Section 3. The LGU-DIGOS CITY shall inform the employees on all health and medical benefits available to them under the GSIS, PhilHealth and such other programs. The LGU-DIGOS CITY further agrees to assist the employees in their claim for availment thereof in order to ensure that such benefits are enjoyed by the employees. Section 4. Pregnant employees who are in their sixth month of pregnancy shall be exempt from physical and strenuous work assignments. Section 5. The LGU-DIGOS CITY shall provide its employees a seven (7) day paternity leave when the employee’s legal wife gives birth or had miscarriage. Section 6. The LGU-DIGOS CITY shall provide hazard pay or allowance to employees who are exposed to occupational risk and hazardous working condition. Section 7. The LGU-DIGOS CITY shall make available regular medical examinations to all employees exposed to chemicals, radiation and other health hazards. It shall also provide employees who are exposed to health hazards adequate safety outfits and devices. Section 8. The LGU-DIGOS CITY shall provide potable drinking water, accessible to all the employees and clients of the office. Section 9. The LGU-DIGOS CITY shall provide separate hygienic comfort rooms for men and women in all its workplaces. Exhaust fans and deodorizers must be provided to ensure sanitary and clean smelling conditions of these comfort rooms. Section 10. The LGU-DIGOS CITY shall provide ample working space and well-ventilated offices including storerooms. Section 11. The LGU-DIGOS CITY shall implement and financially assist Sports and Socio-Cultural programs participated in by the employees. Section 12. The LGU-DIGOS CITY shall provide fire exits and adequate firefighting facilities (fire extinguishers) in all its offices and stations. ARTICLE XIII PROFESSIONAL GROWTH AND DEVELOPMENT Section 1. The LGU-DIGOS CITY shall continue to implement a career development program in all areas of work, subject to provisions of legislative and executive issuances. A Career Development Committee shall be created within thirty (30) days from date of the ratification of this Agreement. The UNION shall be represented in said Committee for this purpose. The career development program referred herein shall include attendance in conferences conventions, seminar, trainings, workshops, fellowships, study grants, regular-in-house college education, and similar career path programs which the Committee may deem necessary. Likewise, a comprehensive training program for the employees, to include Values Formation and Skills Development and Responsible Unionism shall be implemented. Section 2. Subject to guidelines to be formulated, the LGU-DIGOS CITY agrees to consider UNION experience of officers into supervisory experience for any position in case of promotion. Section 3. The LGU-DIGOS CITY shall credit attendance in union related seminars and activities as training requirement for appointment to rank-and-file positions whenever appropriate. Section 4. The LGU-DIGOS CITY shall establish/implement opportunities for employees social development through office outing or excursion, periodic socials, choral/dance group and team building. Section 5. Educational Assistance. - The LGU-DIGOS CITY shall provide educational assistance/allowance of not less than P5,000.00 per semester in time for the enrolment of working employees and employees’ children. Section 6. Employee Suggestions and Incentive Awards. - The LGU-DIGOS CITY shall continue implementing all awards and benefits under the CSC approved Employee Suggestions and Incentive Awards (ESIAS). The LGU-DIGOS CITY and the UNION, upon proper consultation, may propose additional incentives and awards under the Employee Suggestion and Incentive Awards subject to approval by the Civil Service Commission. Section 7. Summer Job Program for Employees’ Dependents. - The LGU-DIGOS CITY shall provide summer job program for dependents of employees as may be deemed necessary. Section 8. Training Fund. The LGU-DIGOS CITY shall lend support to the UNION’s desire to uplift the intellectual and social consciousness of its members through symposia, fora and other related activities. Said activities shall be supported by the LGU-DIGOS CITY through a Training Fund amounting to Two Hundred Fifty Thousand Pesos (P250,000.00). Section 9. Review, Dissertation and Thesis Writing Leave. - The LGU-DIGOS CITY cognizant of individual initiatives of employees to attain higher academic learning shall allow employees to avail of BAR and Board Review, Dissertation and Thesis Writing Leave for a maximum of six months with pay. ARTICLE XIV SHARED RESPONSIBILITY FOR PROMOTION Section 1. The LGU-DIGOS CITY and the UNION shall jointly formulate, implement and review the agency’s Unified Merit Promotion Plan (MPP) as approved by the CSC. Section 2. Selection and promotion of employees shall be in accordance with CSC laws, rules and regulations. The guidelines and criteria or any changes thereof adopted by the Selection Board shall be mutually agreed upon by the LGU-DIGOS CITY and the UNION. Section 3. Whenever in the belief of any affected employee, there are grounds to protest any issued appointment, he may file the pertinent protest in accordance with the procedure laid down in the Uniform Rules on Administrative Cases in the Civil Service. Section 4. The representation of the UNION, one from the first level and one from the second level in the Personnel Selection Board (PSB) shall be mandatory. Section 5. All PSB meetings shall be convened by the appointing authority through a Memorandum duly signed by him. Section 6. The appointing authority shall act on the recommendations submitted by the PSB as outlined in the succeeding paragraph within a period of three (3) months from the date of submission thereof. If the recommendation is not acted upon within the specified period then the candidate who was ranked no. 1 by the PSB shall be automatically appointed by the appointing authority to the position concerned. Section 7. The LGU-DIGOS CITY shall give priority to employees from within in the filling up of vacancies within a prescribed span of time after its publication unless said position is highly technical or strictly confidential in nature and there is no qualified employee from within the agency. ARTICLE XV TRAVEL Section 1. All officials and employees who are on official travel shall be automatically granted travel insurance, per diems, and cost of transportation and other incidental expenses, subject to EO 248 and other rules and regulations. Section 2. The LGU-DIGOS CITY and the UNION shall, from time to time, petition the appropriate government agency for the granting of more realistic level of traveling expenses. ARTICLE XVI OTHER BENEFITS Section 1. Assistance to Retirees. - The LGU-DIGOS CITY shall pay a retiring employee all benefits prior to the release of his/her claims from DBM and assist in the facilitation of the release of his/her retirement pay and other benefits from the GSIS and/or from other government agencies. Section 2. Employees Cooperative. - The LGU-DIGOS CITY shall ensure full support in the establishment of an employees cooperative. Primarily, the cooperative shall be aimed at providing economic and other opportunities that shall protect the employees from further exploitation by loan sharks and other credit facilities detrimental to them. Section 3. Anniversary Bonus. The LGU-DIGOS CITY shall ensure full support to its employees by providing them the necessary incentive during the LGU-DIGOS CITY’s anniversary. ARTICLE XVII GRIEVANCE MACHINERY Section 1. The Union shall coordinate with the LGU-DIGOS CITY in the implementation of the LGU-DIGOS CITY Grievance Machinery as approved by the Civil Service Commission. Section 2. Employees shall have the right to present their complaints or grievances to management and have them adjudicated as expeditiously as possible in the best interest of the agency and the employee concerned. Section 3. Any complaint or grievance shall be resolved at the lowest possible level in the department within five (5) days and the employee shall have the right to appeal such decision to higher authorities. A City Level Grievance Committee shall be created to be composed of three (3) members from the management, two (2) members from the UNION. Section 4. In case any dispute remains unresolved after exhausting all the available remedies under existing laws, the parties may jointly refer the dispute to the Employee - Management Committee constituted under Section 1, Article XIX of this Agreement for appropriate action within five (5) working days. Section 5. In case the Employee-Management Committee fails to resolve the dispute, the same shall be brought to the CSC Region XI. ARTICLE XVIII PERSONNEL RIGHTS AND LEGAL REPRESENTATION/ASSISTANCE Section 1. Whenever the LGU-DIGOS CITY against an employee files a complaint, the following shall be applicable: 1. No employee will be forced to sign self-incriminating statements. 2. In the conduct and resolution of complaints, the principles of due process and fair play shall always be observed. 3. Anonymous complaints shall not be entertained, except when they contain data/information sufficient to warrant an investigation thereof. Section 2. The LGU-DIGOS CITY shall provide full legal assistance and/or counsel to an employee in any of the following situations: 1. If an employee is sued by a third party in a civil case in connection with the performance of his/her official duties and responsibilities; 2. If an employee is subpoenaed/summoned to testify as witness for the LGU-DIGOS CITY before any court, tribunal or body exercising quasi-judicial functions; 3. Attendance in such proceedings shall be considered on official time; 4. Subject to professional ethics, the lawyer of the LGU-DIGOS CITY may be consulted by the employee for legal advice and counseling free of charge. Section 3. The LGU-DIGOS CITY shall ensure that in all administrative investigations, due process shall be observed. ARTICLE XIX EMPLOYEE-MANAGEMENT COMMITTEE Section 1. For purposes of maintaining continuous lines of communication, consultation and dialogue between the LGU-DIGOS CITY and the UNION, an Employee-Management Committee shall be created to be composed of three representatives from the LGU-DIGOS CITY and three (3) from the UNION. Section 2. The functions and responsibilities of the Committee are as follows: 1. Convene once every six months, or as the need arises, at such place and time agreed upon by the parties; 2. Monitor and resolve any controversy arising from the interpretation and enforcement of this Agreement; 3. Prioritize the implementation of the provisions of this Agreement upon approval by the parties; 4. Discuss and resolve any policy changes on matters pertaining to/ affecting the terms and conditions of employment 5. Discuss and agree on the initiation of any program devoted to work productivity and other analogous issues; and, 6. Recommend appropriate course of action to higher authority. Section 3. In case of dispute arising from the interpretation and enforcement of this Agreement, the same shall be resolved in accordance with E.O. 180 and other pertinent laws, rules and regulations. ARTICLE XX BUDGET AND FUNDS Section 1. The LGU-DIGOS CITY shall provide the necessary funds for the full implementation of the provisions contained herein subject to existing accounting and auditing rules, regulations and laws. ARTICLE XXI IMPLEMENTING GUIDELINES Section 1. Within six (6) months from the date of effectivity of this Agreement, the LGU-DIGOS CITY and the UNION shall prepare all the necessary guidelines in the implementation of the provisions herein contained which shall be presented to the CSC-Provincial Office for approval. ARTICLE XXII ENTIRETY AND AMENDMENT CLAUSE Section 1. The parties hereby agree that the terms and conditions contained herein constitute the entire Agreement between LGU-DIGOS CITY and the UNION and supersede all previous communications, representations or agreements, either verbal or written, insofar as they are contrary or repugnant to such terms and conditions. Provisions on economic benefits shall be the subject of re-negotiation after a period of one (1) year. Section 2. If, during the effectivity of this Agreement, certain improvements are found to be appropriate and beneficial to officials and employees, amendments shall be introduced subject to the agreement of both parties. No amendments shall be valid unless reduced into writing and signed by both parties. ARTICLE XXIII MISCELLANEOUS Section 1. Separability Clause. In the event any provision of this Agreement is declared invalid by competent court or authority, the remaining provisions to which such declaration does not pertain shall continue to be valid and in full force and effect. Section 2. General Condition. Except as may be allowed or exempted by law, all provisions contained in this Agreement shall be subject to the rules and regulations of the Civil Service Commission and the Department of Budget and Management. ARTICLE XXIV CNA INCENTIVES Section 1. In recognition of this momentous occasion and as an act of goodwill, the LGU-DIGOS CITY agrees to grant CNA incentives per employee in accordance with Administrative Order No. 135 dated December 27, 2005 in such amount as is reasonable and as maybe permitted by the financial position of the LGU-DIGOS CITY upon the effectivity of this Agreement. ARTICLE XXV EFFECTIVITY AND DURATION Section 1. This Agreement shall be effective upon signing hereof, and shall remain in force and effect for a period of two (2) years. Section 2. In the event that any provision of this agreement is declared invalid by any court or authority or amended by legislation, the remaining provisions shall continue to be valid and with full force and effect. Section 3. Both parties agree to meet before the last sixty (60) days of this Agreement for the purpose of entering into a new CNA. It is understood that all provisions in this Agreement shall continue to remain in full force until such time a new Agreement is in effect. IN WITNESS WHEREOF, the parties hereto, by their authorized representatives have executed this COLLECTIVE NEGOTIATION AGREEMENT, this _____ day of ________________ 2014. LOCAL GOVERNMENT OF DIGOS CITY DIGOS CITY LOCAL GOVERNMENT (LGU-DIGOS CITY) EMPLOYEES ASSOCIATION (DICILGEA) BY: BY: ATTY. JOSEPH R. PEÑAS, CPA LORETO L. DICDICAN City Mayor President, DICILGEA SIGNED IN THE PRESENCE OF: MANAGEMENT NEGOTIATING PANEL UNION NEGOTIATING PANEL RODOLFO G. YMALAY IKE A. MACIAS City Administrator Vice President ATTY. GARY EINSTIEN TAGHOY EVELYN Y. GEALON City Legal Officer Treasurer, DICILGEA JOSE ALFONSO G. GEALON AMY GAYAPA City Budget Officer Auditor, DICILGEA ALEXANDER YPIL PAUL BASAN City Planning and Development Officer PIO, DICILGEA JESUS B. UY MARISSA L. LAPAZ City Treasurer Secretary, DICILGEA ATTY. SERAFIN SENAJON, JR. ERNESTO ROSALES Chairman, SP Committee on Finance Human Resource Management Officer HON. MICHAEL R. LATASA Chairman, Committee on Rules, Ethics, Gov’t Reorg. and Good Governance Approved: ATTY. JOSEPH R. PEÑAS, CPA CITY MAYOR ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) Province of Davao del Sur ) S.S. CITY OF DIGOS ) Before me this _____ day of ____________, 2014 in Digos City, Philippines, personally appeared JOSEPH R. PEÑAS, City Mayor of Digos, Digos City, with Community Tax Certificate No. _________________ issued at ______________ on __________________ and LORETO L. DICDICAN, President, DICILGEA with Community Tax Certificate No. ________________ issued at ________________ on __________________ respectively known to me to be the same persons who acted as principals in the execution of the foregoing Collective Negotiation Agreement, consisting of only fourteen (14) pages, including this page in which this Acknowledgement is written, and they acknowledged to me that the same is their free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of __________________, 2014. NOTARY PUBLIC Doc. No.: _____ Page No.: _____ Book No.: _____ Series of 2014
Posted on: Thu, 07 Aug 2014 23:18:51 +0000
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