(NAR) VOL. 15 NOS. 1-2 / APRIL - JUNE 2004
Chair: Assistant Secretary Jesus G. Galvan
Members : Merlita A. Nolida - Chief, Curriculum Development Division, BEE Sonia R. de Leon - Chief, Employees Welfare and Benefits Division Atty. Domingo B. Alidon - President, Central Employees Union (CEU) 2nd Level Representative Oscar V. Paguntalan - Vice-President, CEU 1st Level Representative
1. activate and strengthen the Department's existing grievance machinery;
2. settle grievances at the lowest level possible; and
3. provide a catalyst for the development of capabilities of personnel to settle disputes.
1. Non-implementation of policies, practices and procedures on economic and financial issues and other terms and conditions of employment fixed by law, including salaries, incentives, working hours, leave benefits such as delay in the processing of overtime pay, unreasonable withholding of salaries and inaction on application for leave;
2. Non-implementation of policies, practices and procedures which affect employees from recruitment to promotion, detail, transfer, retirement, termination, lay-offs, and other related issues that affect these such as failure to observe a selection process in appointment and undue delay in the processing of retirement papers;
3. Inadequate physical working conditions such as lack of proper ventilation in the workplace, and insufficient facilities and equipment necessary for the safety and protection of employees whose nature and place of work are classified as high risk or hazardous;
4. Poor inter-personal relationships and linkages;
5. Protest on appointments; and
6. All other matters giving rise to employee dissatisfaction and discontentment outside of those cases enumerated above.
The following cases shall not be acted upon through the grievance machinery:1. Disciplinary cases which shall be resolved pursuant to the DECS Rules of Procedures on Administrative Disciplinary Cases (DECS Order No. 33, s. 1999);
2. Sexual harassment cases as provided for in RA 7877; and
3. Union-related issues and concerns.
1. Discussion with Immediate Supervisor
At the first instance, the employee/aggrieved party shall present his/her grievance orally or in writing to his/her immediate supervisor, who shall, within three (3) days from the date of presentation, inform the employee orally of his/her action. Provided however, that where the object of the grievance is the immediate supervisor, the aggrieved party may bring the grievance to the next higher supervisor.
In the oral discussion, the following principles shall be observed:a. The employee/aggrieved party shall be put at ease - Every effort shall be exerted to make the employee who has a grievance feel at ease during the oral discussion.
b. The employee/aggrieved party shall be encouraged to talk - The employee shall be allowed to tell or explain his/her side during the oral discussion.
c. Privacy in discussion - The oral discussion shall be held in quiet and secluded spot where the conversation cannot be overheard or interrupted.
d. The case shall be heard fully - The supervisor shall seek to keep his/her views and opinions entirely to himself/herself until after the employee has explained his/her side during the oral discussion.
e. A definite action shall be reached - At the end of the discussion, the supervisor must be prepared to state his/her position clearly and accurately based on the merits of the grievance. He/she need not immediately give a definite decision, but the decision must be rendered within three (3) days from the presentation of the grievance.
2. Appeal to the Higher Supervisor
If the aggrieved party is not satisfied with the verbal discussion, he/she may submit the grievance in writing, within five (5) days to the next higher supervisor who shall render his/her decision within five (5) working days from receipt of the grievance.
3. Appeal to the Grievance Committee
The decision of the next higher supervisor may be elevated to the grievance committee within five (5) working days from receipt of the decision of the next higher supervisor. The grievance committee may conduct an investigation and hearing within ten (10) working days after the investigation. Provided, however, that where the object of the grievance is the grievance committee, the aggrieved party may submit the grievance to the Office of the Secretary, through the Undersecretary for Legal Affairs.
4. Appeal to the Office of the Secretary
If the aggrieved party is not satisfied with the decision of the grievance committee, he/she may elevate his/her grievance within five (5) working days from receipt of the decision to the Office of the Secretary through the Undersecretary for Legal Affairs who shall make the decision within ten (10) working days after the receipt of the grievance. Provided, however, that where the object of the grievance is the Secretary, the aggrieved party may bring his/her grievance directly to the Civil Service Commission Regional Office.
5. Appeal to the Civil Service Commission Regional Office
If the aggrieved party is not satisfied with the decision of the Office of the Secretary, he/she may appeal or elevate his/her grievance to the Civil Service Commission Regional Office concerned within fifteen (15) working days from the receipt of such decision. The aggrieved party shall submit a Certification on the Final Action on the Grievance (CFAG) together with the appeal. The Civil Service Commission Regional Office shall rule on the appeal in accordance with existing civil service laws, rules and regulations.
1. Jurisdiction of Grievance Committeesa. The School Grievance Committee shall have the original jurisdiction over grievances of teachers and non-teaching personnel in the school that were not orally resolved.
b. The District Grievance Committee shall have original jurisdiction over grievances of employees in the district that were not orally resolved. It shall also have appellate jurisdiction over grievances that were not resolved by the School Grievance Committee.
c. The Schools Division Grievance Committee shall have original jurisdiction over grievances of employees in the division office that were not orally resolved. It shall also have appellate jurisdiction over grievances that were not resolved by the District Grievance Committee.
d. The Regional Grievance Committee shall have original jurisdiction over grievances of employees in the regional office that were not orally resolved. It shall also have appellate jurisdiction over grievances that were not resolved by the Schools Division Grievance Committee.
e. The Department Grievance Committee shall have original jurisdiction over grievances of employees in the different bureaus/services/centers and offices in Central Office district that were not orally resolved. It shall also have appellate jurisdiction over grievances that were not resolved by the Regional Grievance Committee.
2. Decision of the Grievance Committee
The Grievance Committee shall render its decision within fifteen (15) working days from receipt of the grievance in writing and the decision of the next higher supervisor as appealed by the aggrieved party. Within the fifteen (15) working day period, the committee may conduct an investigation and hearing within ten (10) days from receipt of the grievance and render a decision within five (5) working days after the investigation. The decision shall be in writing and shall contain all relevant facts and circumstances as well as the law or rule that was applied, if any.
3. Composition of the Grievance Committee
The different grievance committees shall be composed as follows:a. School Grievance Committee
- Principal or Head Teacher
- President of the faculty club
- A teacher acceptable to both the aggrieved party and the object of the grievance to be appointed by the Principal or Head Teacher
b. District Grievance Committee
- District Supervisor/Coordinator or his/her designated representative
- Principal of the school where the grievance originated
- President of the District Teachers' Association of his/her designated representative
c. Schools Division Grievance Committee1) Schools Division Superintendent or his/her designated representative
- Establish its own procedures and strategies. Membership in the griev- ance committee shall be considered part of the member's regular duties
- Develop and implement pro-active measures or activities to prevent griev- ance, such as employee assembly to be conducted at least once every semester, "talakayan", HRD interventions and other similar activities.
Minutes of the proceedings of these actions shall be documented for audit purposes.- Conduct continuing information drive on the Grievance Machinery among officials and employees
- Conduct dialogue between and among the parties involved
- Direct the documentation of the grievance including the preparation and signing of written agreements reached by the parties involved.
- Issue Certification on the Final Action on the Grievance (CFAG) which shall contain, among other things, the history of the grievance and the final action taken by the agency on the grievance.
- Submit a quarterly report of its accomplishments and status of unresolved grievances to the Civil Service Commission Regional Office concerned.