COLLECTIVE NEGOTIATION AGREEMENTPROPOSAL

This COLLECTIVE NEGOTIATION AGREEMENT entered into by and between:

The COMMISSION ON ELECTIONS (COMELEC), a government Constitutional

Commission with original charter and with principal address at Palacio Del Gobernador Building,
Gen. Luna St., Intramuros, Manila, Philippines, and represented in this Agreement by its
Honorable Chairman Commissioner Sixto Brillantes Jr, hereinafter referred to as the “The
Commission.”

‐ And –

The COMMISSION ON ELECTIONS-EMPLOYEES’ UNION, a duly organized,

Existing, and legitimate labor organization with Registration Certificate No.____ dated
______issued by the Department of Labor and Employment, and duly accredited by the Civil
Service Commission under Accreditation Certificate No.____ dated _____ with office address at
Palacio Del Gobernador Building, Gen. Luna St., Intramuros Manila, Philippines and
represented in this Agreement by its President_____________ hereinafter referred to as the
“COMELEC-EU”.

WITNESSETH:

WHEREAS, the employees’ right to self-organization and collective negotiation are fully
guaranteed in three provisions of the 1987 Constitution of the Republic of the Philippines, as
follows:

Article III Section 8 “The right of the people, including those employed in the public and
private sector to form unions, associations or societies for purposes not contrary to law
shall not be abridged.”

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 the right to strike in accordance
with the law. They shall be entitled to security of tenure, humane condition 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 the law.”

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

WHEREAS, Executive Order No. 180 issued on June 01, 1987 and Civil Service
Memorandum Circular No. 55, series of 1990 authorizes management and the accredited union
of the agency to enter into collective negotiation on terms and conditions of employment which
are not fixed by law;

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 WHEREAS, the annual General Appropriations Act provides that in the use of savings,
priority shall be given to the augmentation of the amounts set aside for compensation, year-
end bonus and cash gift, retirement gratuity, terminal leave benefits, old-age pension of
veterans and other personnel benefits authorized by law, and those expenditure items
authorized in agency special provisions.

WHEREAS, the COMMISSION ON ELECTIONS is a Constitutional Commission that

enjoys fiscal autonomy and is therefore authorized to augment personnel benefits of its
employees from savings in other items of their respective appropriations.

WHEREAS, the Commission recognizes and supports the right of employees to self-
organization and collective negotiations;

WHEREAS, the commission recognizes COMELEC-EU as the duly accredited and

exclusive representative of all rank and file employees of the Commission on Elections;

WHEREAS, the Commission and COMELEC-EU seek to promote a working

environment that is conducive to harmonious relationship between them, enhances employees’
welfare and productivity, and contributes to effective and efficient public service;

NOW, THEREFORE, for and in consideration of the foregoing premises, the

Commission and COMELEC-EU hereby agree and bind themselves to the following terms and
conditions:

ARTICLE I
DECLARATION OF PRINCIPLES

Section 1. The Commission and COMELEC-EU recognize the basic rights of all
workers to a living wage, security of tenure, career development, and humane conditions of
work.

Section 2. The COMELEC-EU recognizes the authority of the Commission in the

implementation and maintenance of existing laws governing terms and conditions of
employment; in the establishment of policies, office procedures and rules and regulations on
personnel actions; and in the provision and maintenance of employee welfare and benefits
provided by the law.

Section 3. The Commission shall create an environment that guarantees the

organizational independence of the COMELEC-EU with regards to its internal affairs.

Section 4. The COMELEC-EU shall participate in the planning and implementation

of policies, plans and programs affecting the rights, career development, welfare and benefits of
employees, and improvement of service to the public.

Section 5. The Commission and COMELEC-EU believe in the equality of men and
women and in the avoidance of all forms of discrimination, and thus recognizing the important
role of collective negotiations in the pursuit of a gender-responsive bureaucracy.

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 Section 6. The Commission and COMELEC-EU shall uphold the intent and spirit of
this agreement.

ARTICLE II
DEFINITION OF TERMS

Section 1. Collective Negotiating Unit (CNU) – refers to all COMELEC rank and file
employees. Whenever used in this Agreement, the terms “employees” refers only to those
within the scope of the CNU herein defined.

Section 2. Rank and File Employee – refers to those employees of the Commission
whose functions are not normally considered as managerial, with the power to formulate policies
or to hire, transfer, assign, lay-off, recall or discipline employees and those employees who fall
under the Sub professional and Professional Categories of the Re-categorized Position
Classification System, excluding those highly confidential and co-terminus employees

Section 3. Membership Fee – refers to payment to COMELEC-EU done only once

by a COMELC employee in recognition of his/her membership to COMELEC-EU in accordance
with the latter’s by-laws.

Section 4. Association/Union Dues – refers to a regular contribution of members to

the COMELEC-EU in accordance with its by-laws.

Section 5. Agency Fee – refers to the amount assessed and collected from the rank-
and-file employees of the Commission who are non-members of COMELEC-EU but who enjoy
the benefits under this collective negotiation agreement.

Section 6. Special Assessment Fees- refers to those fees other than the
membership fee, association/union dues, labor education fees, and those prescribed under the
organization’s constitution and by-laws.

Section 7. Savings - refer to such balances of the agency’s released allotment for
the year, free from any obligation or encumbrance and which are no longer intended for specific
purpose/s:

(a) After completion of the work/activity for which the appropriation is

authorized;

(b) Arising from unpaid compensation and related costs pertaining to vacant
positions, or

(c) Realized from the implementation of the provisions of the CNA which
resulted in improved systems and efficiencies thus enabled the agency
to meet and deliver the required or planned targets, programs and
services approved in the annual budget at a lesser cost.

ARTICLE III
RECOGNITION OF COMELEC-EU AND ITS ACTIVITIES

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 Section 1. The Commission recognizes the COMELEC-EU as the sole and exclusive
negotiating representative of all Commission on Elections employees occupying rank and file
positions as defined in Article II Section 1 and 2 of this Agreement.

Section 2. The Commission shall deal only through, and directly with, the
COMELEC-EU on any matter or issue affecting the rights, benefits, privileges, and interests of
all rank and file employees.

Section 3. The Commission guarantees no discrimination, in any manner or form,

against any employee arising from membership in, or lawful acts performed as an officer or
member of COMELEC-EU.

Section 4. Union Time. The Commission shall grant one hundred percent (100%)
and fifty percent (50%) official union time-off to the National President and Secretary General of
COMELEC-EU respectively.

The rest COMELEC-EU National Executive Officers and its Regional Chapters on the
other hand shall have a twenty percent (20%) official union time off annually, non-cumulative or
non-commutative, for purposes of attending workers’ education programs, seminars,
conventions, congresses, and similar activities conducted by the government, or any recognized
local and international labor organizations.

The completed projects, assignment and service rendered to the rank and file of
COMELEC-EU Officers shall be included in their performance evaluation report/appraisal. It is
understood however that union activities shall not be in leiu of regular office work.

Section 5. The Commission shall shoulder the expenses for labor-related educational
and training programs pursuant to pertinent Civil Service Commission rules and regulations
relating to public service unionism, subject to the availability of funds.

Section 6. Union Service Vehicle. The Commission will provide whenever practicable a
service vehicle for all travel of COMELEC Officers and members on official union activity subject
to the availability of funds and service vehicle.

Section 6. The Commission shall permit the holding of the COMELEC-EU Officer’s
meetings on official time as indicated below:

6.1 REGULAR OFFICERS’ MEETING TWICE A MONTH;

6.2 SPECIAL/EMERGENCY MEETINGS, at least once a week,

Section 7. Members of COMELEC-EU shall each have 20 working days of union time off
on official time off annually for activities of the same purpose stated above, subject to the
exigency of the service and the usual notification requirements.

Section 8. The Commission shall be informed in writing by COMELEC-EU, of the

names of the officers duly elected by the members. The COMELEC-EU shall inform the
Commission of any substitutions or changes of the COMELEC-EU officers within three (3) days
from their official election/designation, as well as their functions and duties as provided in the
COMELEC-EU Constitution and By-Laws.

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 Section 9. The Commission shall allow COMELEC-EU the use of office space,
furniture, computer system, communication equipment, vehicle and supplies and materials
necessary for its daily activities.

Section 10. The COMELEC-EU shall have access to all records and documents of
the Commission pertinent to the Collective Negotiations Agreement.

Section 11. The Commission shall institutionalize the proper dissemination of

communications directly affecting the general welfare of its employees by including the
COMELEC-EU in the mailing list of the Communications and Records Unit or its equivalent and
posting relevant information at the COMELEC Bulletin Board.

Section 12. The Commission shall extend to the COMELEC-EU the opportunity to
meet with, and orient the newly hired employee regarding the latter’s constitution, by-laws,
programs, activities, and benefits.

Section 13. The Commission shall provide COMELEC-EU whenever applicable an

updated roster of personnel to include the name, position, and official designation of employees.

Section 14. The Commission shall require COMELEC-EU members who will retire,
transfer and resign from the agency to secure clearance from the COMELEC-EU for property
and/or monetary accountability.

Section 15. May 1 Recognition. The Commission recognizes the historic milestone in the
arduous struggle for workers rights celebrated during the International Labor Day and it shall
give its full support to all activities of COMELEC-EU in lieu of its commemoration.

ARTICLE IV
CHECK OFF

Section 1. The Commission recognizes the right of COMELEC-EU to check-off or

payroll-deduct the monthly association dues, membership fees, special assessment fees and
agency fees from the salaries of its members. It is agreed that in implementing the check-off,
the Finance Department of the Commission shall remit the equivalent amount of such fees on or
immediately after the last period of deduction.

Section 2. The Commission agrees to check-off or payroll-deduct from the salaries of

COMELEC employees who are non-COMELEC-EU members and who accept and enjoy the
benefits and incentives arising from the successful negotiation by the COMELEC-EU with the
Commission even without the authorization of the employees concerned.

Section 3. Agency Fee. An agency fee shall be collected by COMELEC-EU from all
benefits or incentives exceeding P1, 000.00 in fiscal sum which will arise from all benefits
derived from any COMELEC-EU negotiations with the Commission including this CNA, which
will be received and enjoyed by any employee based on the following percentage;

2.1 CNA Member Beneficiary - 3% percent

2.2 CNA Non-Member Beneficiary - 10% percent

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 ARTICLE V
PREPROGATIVE, SHARED RESPONSIBILITY, AND ACCOUNTABILITY

Section 1. The COMELEC-EU recognizes the prerogative of the Commission to appoint

agency personnel in accordance with the merit and fitness principle provide under the
Constitution and other existing laws; to discipline personnel, and to formulate agency policies,
procedures, and guidelines for sound personnel and administrative management in the
Commission on Elections.

Pursuant to the principles of shared responsibility and employee empowerment, the

Commission recognizes the right of COMELEC-EU to be represented in management meetings
on matters affecting the employees working conditions and benefits.

At least two duly-designated officers of COMELEC-EU shall be allowed to participate in

the following management committees:

1.1 Personnel Selection Board

1.2 Personnel Development Committee (PDC)
1.3 Employee Suggestion and Incentives Award Committee (ESIAS)
1.4 Grievance Committee
1.5 Management Committee
1.6 Special Committees, such as but not limited to Reorganization/Staffing/Placement,
Sports, Cultural,
Recreational, Anniversary, and Christmas Celebration, among others.
1.7 Performance Evaluation and Review Committee
1.8 Bids and Awards Committee

Section 2. The COMELEC-EU shall be a partner of the Commission in promoting

teamwork and discipline to attain harmony, professionalism, productivity and efficiency. It shall
enjoin all its members to render and perform their duties and responsibilities to the best of their
abilities in accordance with existing laws, rules, and regulations.

Section 3. The Commission and COMELEC-EU enjoins to respect and uphold all the
provisions of this agreement, implement all its provisions as much as practicable and possible
and strive to refrain from acts tantamount to unfair labor practices as defined under Rule XVI of
PSLMC Resolution No. 2 Series of 2004.

Section 4. The Commission recognizes and respects COMELEC-EU’s constitutional

right to peaceful concerted activities in order to further advance employees rights and welfare.

ARTICLE VI
PERSONNEL MOVEMENT, RECRUITMENT
AND MANAGEMENT ACTION

Section 1. The Commission shall inform the COMELEC-EU of any program on

reorganization or internal restructuring involving the creation, abolition, reclassification, or
upgrading of positions.

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 Section 2. Notice of Personnel Action. The Commission shall inform COMELEC-EU
of any transfer of, detail of, and disciplinary action on employees.

Section 3. The reassignment of transfer of personnel by the Commission shall, at all

times, be in accordance with law.

Section 4. Employment of Next of Kin. In case of retirement under existing laws of

any career employee of the Commission, the employee’s surviving spouse or anyone of the
employee’s legal descendants, shall be given preference for employment in the Commission,
provided that he/she possesses the necessary qualification requirements. In case of death or
total permanent disability, this provision shall also apply regardless of the employee’s length of
service.

Section 5. Assistance to Retirees. The Commission shall give high priority in the
processing of documents of retiree benefits and claims. It shall, likewise, relieve the retiring
employee from official duties and functions at least one (1) month prior to last day of service to
attend to documentary requirements of his claims i.e. GSIS, Pag-IBIG, etc. Also, The
Commission shall provide for livelihood opportunities, financial literacy, as well as counseling for
retiring employees.

Section 6. Release of Retirement Benefits. The Commission shall exhaust all efforts
to release the benefits of the retiring employee of the Commission on his/her last working day,
provided that all requirements have been earlier complied with. For funding purposes,
concerned employee shall inform the Finance Department of his/her intention to retire at least
THREE (3) MONTHS before the effectivity date.

ARTICLE VII
ECONOMIC AND SOCIAL BENEFITS AND PRIVILEGES

Section 1. Non-Diminution of Benefits. The Commission shall support all existing

rights, benefits, and privileges enjoyed by all of its employees pertaining to their conditions of
employment including, but not limited to, economic benefits already provided by law. The
Commission and COMELEC-EU shall endeavor to work and support for a non-diminution of
existing benefits already granted and enjoyed by the employees through the years.

Section 2. Transportation and Shuttle Service. The Commission shall provide a

shuttle service to ferry employees to and from the Commission.

Section 3. Canteen. The Commission shall allow and assist the COMELEC-EU in
establishing its own employees’ canteen within the premises of the Commission.

Section 4. Grocery Allowance. The Commission shall provide every employee a

grocery allowance worth one thousand pesos (P1,000.00) per month subject to existing rules
and regulations.

Section 5. Rice Allowance. The Commission shall continue to give rice allowance to
its employees amounting to one thousand five hundred pesos (P1,500) per month.

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 Section 6. Birthday Cash Gift. Celebrant employees shall receive a cash gift from
the Commission amounting to Three Thousand Pesos (P3, 000) on the date their birthdays.

Section 7. Anniversary Bonus. The Commission shall grant a standardized

anniversary bonus to all employees during the commemoration of its founding anniversary.

Section 8. Provident Fund. The Commission shall allow the COMELEC-EU to

establish a Provident Fund for its officials and employees in accordance with law.

Section 9. Housing. The Commission shall endeavor to establish an affordable

housing program to all employees.

Section 10. Laundry Allowance. The Commission shall provide a monthly laundry
allowance amounting to Five Hundred Pesos (P500) pursuant to Section 67 of Executive Order
292, implementing Rules and Regulations of Administrative Code of 1987.

Section 11. Livelihood Projects. The Commission and the COMELEC-EU shall hand
in hand endeavor to provide alternative sources of livelihood to all employees. Both parties shall
likewise establish or institute fund generating projects for purpose of augmenting employees’
benefits and for the full implementation of this agreement subject to pertinent rules and
regulations.

Section 12. Other Benefits. The Commission and the COMELEC-EU shall secure
from appropriate government authorities the grant of additional socio-economic benefits for
COMELEC employees that are not presently provided for by law.

Article VIII
LEAVE PRIVILEGES

Section 1. Leave Privileges. The Commission shall grant its official and employees
the following non-cumulative leave privileges:

1.1 SEVEN (7) DAYS Paternity Leave, when the employee’s legal wife gives
birth or has a miscarriage; and

1.2 THREE (3) DAYS leave under any of the following:

a. Burial or Mourning Leave, in case of death of the legitimate spouse or

any of the legitimate children, parents, brothers, or sisters;
b. Emergency Leave, in cases of actual emergencies such as man-made
disasters, typhoons, floods, and other calamities;
c. Hospitalization Leave, for immediate members of the family;
d. Relocation Leave, for physical transfer of abode;
e. Graduation Leave;
f. Enrolment Leave;
g. Personal Milestone
h. Wedding and Honeymoon Leave;
i. Anniversary Leave; and
j. Menstruation Leave.

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 Section 2. Rehabilitation Leave. - The Commission 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).

Section 3. Compensatory Day-Off. The Commission shall grant non-commutable

leave credits or compensatory day-off in lieu of overtime services rendered without pay pursuant
to the provision of CSC MC No. 30, s. 1994.

Section 4. Official Travel Day-Off. The Commission shall grant its official and
employees one (1) day-off for official travels of four (4) days up to ten (10) days, and two (2)
days-off for official travels exceeding ten (10) days. said day-off are non-cumulative and may
not be commuted to its monetary value.

Section 5. Maternity Leave. The Commission shall grant a six (6) month maternity leave
to women employees who are expecting to give birth. Maternity leave can be enjoyed by the
expecting mother three months prior to the actual date of birth.

Section 6. Birthday Leave. Employees who are celebrating their birthdays shall enjoy a
one day work leave on the date of the natal day.

Section 7. All employees who have transactions with government offices for loans,
licenses, or clearances related or incidental to employment, shall be considered on official time,
subject to the exigency of the service and the usual notification requirements.

ARTICLE IX
EMPLOYEE SUGGESTION, AWARDS, AND INCENTIVES

Section 1. PRAISE. The Commission shall develop a meritorious Programs on

Awards and Incentives for Service Excellence (PRAISE) to provide for individual or group
awards in recognition of the meritorious or excellent performances. The program shall be
designed to encourage creativity, innovativeness, efficiency, integrity, and productivity by
recognizing and rewarding officials and employees, individuals or groups for their suggestions
inventions, superior accomplishments and other personal efforts which contributes to the
efficiency, economy and other improvements in the COMELEC’s daily operations.

The PRAISE can be both monetary or non-monetary awards to recognize, acknowledge

and reward productive, creative, innovative an ethical milestones of employees.

Section 2. Loyalty Award. The Commission shall appropriate funds for the
implementation of loyalty pay to its employees as prescribed by CSC Memorandum No. 06
series of 2002.

Section 3. Recognition Pay. The Commission shall grant a recognition pay to all its
officers and employees who has rendered an exemplary service in the performance of his or her
duties and has elevate the Commission’s prestige and employee morale. This shall be
accompanied with a plaque of recognition.

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 Section 4. The Commission shall recognize the employees’ contribution to public
service during their career life and agrees to grant a cash benefit to each retiring employees
who has rendered at least TEN (10) YEARS of service. The cash benefit shall be equivalent to
ONE (1) MONTH basic salary for optional retirement and 2 months basic salary for compulsory
retirement based on their highest salary received.

ARTICLE X
PROFESSIONAL GROWTH AND CAREER DEVELOPMENT

Section 1. The Commission shall implement a career development program in all

areas of work, subject to provision of legislative and executive issuances. A Career
Development Committee shall be created within thirty (30) day from date of the ratification of
this Agreement. The COMELEC-EU shall be represented in said Committee for this purpose.

The career development program referred herein shall include attendance in conferences,
conventions, seminar, trainings, workshops, study grants, regular-in-house college education,
and similar 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. Review, Dissertation and Thesis Writing Leave – The Commission

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, subject to guidelines that will be formulated for this purpose.

Section 3. The Commission shall continue to maintain a library in the office, and
shall acquire new books and professional magazines, journals, and others, for use of its
employees.

Section 4. The Commission shall ensure that all qualified employees shall be given
equal opportunity to take annual Civil Service Commission examinations for eligibility, career
executive service office, local scholarship program examination of similar nature for local and
foreign grants. Employees who passed said examination shall be allowed to go on study leave
subject to civil service rules and regulations.

Section 5. The Commission and the COMELEC-EU shall endeavor to implement

other creative and effective professional and career development programs for the benefit of its
officials/employees.

Section 6. Employment of New Technologies. The Commission shall endeavor to

provide its employees the needed technical skills and training required in the performance of
work functions resulting from the adoptation of new technologies.

ARTICLE XI
WORKING CONDITIONS, HEALTH AND SAFETY

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 Section 1. The Commission shall comply with the regulations on safety, health, and
sanitary working conditions prescribed by the CSC, the Department of Labor and Employment,
the Department of Health, and other government agencies.

Section 2. The Commission shall endeavor to provide adequately equipped and

properly manned first aid units in the office premises.

Section 3. When necessary, the Commission shall endeavor to provide the services
of medical doctors on retainer basis in the office.

Section 6. Medical Assistance. The Commission shall provide medical assistance

equivalent to a semi-private health plan offered by a reputable Health Maintenance Organization
(HMO) for its officers/employees.

Section 4. The Commission shall endeavor to provide purified water and dispensers
for hot and cold water in the office. The purified water shall be subject to regular water
examination by the Department of Health.

Section 5. The COMELEC-EU shall initiate the institutionalization of a Calamity Task

Force for Disaster Preparedness in coordination with the Commission.

Section 6. Pregnant employees who are in their sixth month of pregnancy shall be
exempt from physical and strenuous work assignments.

Section 7. The Commission shall provide hazard pay or allowance to employees

who are exposed to occupational risk and hazardous working condition.

Section 8. The Commission shall inform the employees on all health and medical
benefits available to them under the GSIS, Philhealth and such other programs. The
Commission 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 9. The Commission shall provide Anti-N1H1 / Flu vaccine and other vaccine
available and necessary to protect its employees from acquiring viruses / illnesses that maybe
acquired during the performance of their official duties, subject to the availability of funds and in
accordance with accounting and auditing rules and regulations.

Section 10. The Commission shall ensure the safety and well-being of all of its
employees who are in perilous position by virtue of his or her work designation, especially
during the election period. The Commission shall also provide adequate security for COMELEC
employees who are in or will be deployed or designated in election hot spots.

Section 11. The Commission shall provide free legal assistance and/or counsel to an
employee in any of the following instances:

a. If an employee is sued by a third party in connection with the performance of

his/her official duties and responsibilities;
b. If an employee is subpoenaed/summoned to testify as witness for the Commission
before any court, tribunal, or body; and

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 c. If the professional behavior of the employee is questioned, an employee who
needs legal advice and counseling may consult the designated lawyer(s) of the
Commission.

Section 12. Suspension of Work Due to Fortuitous Events. An employee who is

requested by the Commission to work despite the suspension of work due to fortuitous events
shall be paid an additional amount equivalent to the overtime pay from the time the government
or any of its concerned government agencies or even the Commission itself declared the
suspension of work.

Fortuitous events are those that result from An act of God, act of State, natural or man-
made disasters including but not limited to; earthquakes, volcanic eruptions, ash fall, fire, floods,
typhoons and heavy storms and other calamities or catastrophes or any civil or military
rebellion.

ARTICLE XII
SPORTS, RECREATION, AND CULTURE

Section 1. The Commission shall maintain its support or sponsorship to its cultural,
sports, and recreation programs to be participated in by its officers/employees. The programs
may include the families of the employees.

Section 2. The Commission shall encourage full participation and cooperation of all
officials and employees. Thus, time spent for these activities shall be considered as official
time.

Section 3. The Commission shall establish / implement opportunities for employees

social development, morale boosting, and productivity of all employees through office outing or
excursion, periodic socials, choral/dance group and team building.

Section 4. Recreation Area. The Commission 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 5. The Commission shall designate within its office premises a place
specially dedicated for purposes of spiritual enrichment activities of all major religions.

Section 6. The Commission shall endeavor to utilize its annual allocation for sports
and other cultural activities for individual employees.

Section 7. Gender and Development. The Commission shall endeavor to utilize its
annual allocation for gender and development to fund and advance activities pertinent to gender
and women’s rights.

Section 8. The Commission shall support all other artistic or cultural endeavors of
any employee or group within the COMELEC.

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 ARTICLE XIII
EMPLOYEE-MANAGEMENT RELATIONS

Section 1. Grievance Machinery. In the resolution of grievances under this Agreement,

the following policies shall be observed:

(a) Grievances between officials and the employees’ organization shall be addressed
through the grievance machinery;
(b) A grievance, whether presented verbally or in writing, shall be resolved expeditiously
at the lowest level possible in the agency; and,
(d) Grievance proceedings shall not be bound by legal rules and technicalities.

Section 2. Grievance Committee. There shall be an agency grievance Committee

composed of three (3) representatives from the Commission and the COMELEC-EU. It shall
establish machinery for the settlement of grievances within the COMELEC so as to provide
opportunity for discussion of any complaint and to establish procedures for the processing and
settlement of disputes. The parties shall endeavor to resolve all grievances and disputes
through friendly negotiations in order to ensure the continuity of work.

The Grievance Committee is intended to promote harmony in the workplace and

foster productivity of all employees of the Commission.

Section 3. Grievance Procedure. The Grievance Committee shall adopt a grievance

procedure in conducting an inquiry, investigation, and rendering a decision in thr resolution of
grievances consistent with the policies on the settlement of grievances by the Civil Service
Commission. Pursuant to M.C. No. 02 Series of 2001 (Revised Policies on the Settlement of
Grievances in the Public Sector).

Section 4. Membership to the Grievance Committee Shall be considered part of the

member’s official regular duties.

ARTICLE XIV
CNA INCENTIVE

Section 1. CNA Incentive. Upon the signing of this Agreement, the Commission
enjoins to give a CNA Incentive amounting to but not less than Fifty Thousand Pesos (P50, 000)
in recognition of the joint effort of both the management and the rank and file to attain effective
and efficient accomplishments of performance targets at a lesser cost through cost-cutting
measures and systems of improvement.

Section 2. CNA Incentive shall be paid annually during the life of this Agreement and
shall be released immediately after the annual closing of the Commission’s books of accounts.

Section 3. Sources of Funding. Funds for the CNA Incentive shall be sourced
from the Commissions’ Annual General Appropriations pursuant to the provisions of Joint
Resolution No. 4 and/or to the Commission’s savings generated during the fiscal year pursuant
to Public Sector Labor-Management Council Resolution No. 4 Series of 2002.

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 Section 4. Cost Cutting Measures. The Commission and COMELEC-EU agrees to
implement cost-cutting measures to effectively generate higher savings for the CNA Incentive
including but not limited to the following;

4.1. Savings for supply and materials

a. Proper allocation of office supplies and materials
b. Encourage usage of recycled materials and recycling of papers for
duplicate copies
c. Reduction of duplicate copies and reproduction of materials only when
needed
d. Base the use and consumption of materials on allocation only
e. Ensure the proper procurement of office equipment and supplies

4.2. Efficient energy and water consumption

a. Turn off power during office breaks
b. Usage of the air conditioning units only during office hours
c. Minimize the use of powered lighting
d. Turn off office equipments and computers during breaks and when not
in use
e. regular check up of faucets, pipes, fittings, lavatories and storage tanks
for leaks and damages
f. discourage overstaying in the office premises
4.3. Proper use of official vehicles
a. Use office vehicles for official use only
b. fuel consumption based on allocation only
4.4. Efficient utilization of office and communication equipments
a. Limited subscription of newspapers and other publications
b. Use office equipment on official use only including the internet
c. Proper and efficient use of communications facilities and equipments
4.5. Savings from unutilized allocations for compensation of vacant positions
of the fiscal year.

The abovementioned provisions for cost-cutting measures shall not however prejudice
the efficient and productive delivery of services or be detrimental to the employees’ working
conditions within the Commission.

Section 5. As per PSLMC Resolution No. 4 series of 2002, total agency savings
shall be allocated as follows:

Fifty percent (50%) for CNA Incentive

Thirty percent (30%) for improvement of working conditions and other

programs and/or to be added as part of the CNA Incentive, as may be
agreed upon in the CNA

Twenty percent (20%) to be reverted to the General Fund for the national
government agencies or the General Fund of the constitutional
commissions, state universities and colleges, and local government
units concerned, as the case may be

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 COMELEC-EU agrees to add the 30% percent of agency savings intended for
improvement of working conditions to the total CNA Incentive.

ARTICLE XV
MISCELLANEOUS PROVISIONS

Section 1. Effectivity. This Agreement shall take effect immediate upon signing
by both parties and ratified by the majority of rank and file employees of the Commission.

Section 2. Implementation and Monitoring of the CNA. Immediately upon approval

of this CNA, the Commission and COMELEC-EU negotiating panels shall create a Monitoring
Committee composed of equal representatives from each party to define the guidelines in
implementing, and monitoring thereof, the provision of this Agreement.

Section 3. Budget and Funding. The Commission shall ensure the necessary
budget and funding for the full implementation of the provisions of this Agreement.

Section 4. Goodwill Bonus. The Commission shall grant to all its employees a one-time
goodwill bonus of twenty thousand pesos (P20,000.00) upon approval of this Agreement to be
given as an act of goodwill and in recognition of this momentous event in the history of the
Commission on Elections.

Section 5. Settlement of Disputes. The Commission and the COMELEC-EU agree to

exert all efforts to resolve between them any or all disputes arising from the implementation of
this Agreement.

Section 6. Separability/Saving Clause. If any provision of this Agreement is

declared invalid by a court of competent jurisdiction, then said provision or the application
thereof will be deemed invalid, except to the extent permitted by law, all other provisions or
application will continue in force and effect. The Commission and the COMELEC-EU shall meet
not later than FIFTEEN (15) DAYS after said provision is declared invalid for the purpose of
amending or revising the same.

Section 3. Duration. This Agreement shall continue to be valid and effective for a
period of THREE (3) YEARS; provided, if no new Agreement is concluded after the three-year
period, this Agreement shall continue to remain in full force and effect until a new Agreement is
reached. The Commission and COMELEC-EU agree to meet before the last sixty (60) days of
this Agreement for the purpose of entering into a new negotiation.

Section 4. Entirety and Modification Clause. The Commission and the COMELEC-
EU hereby agree that the terms and conditions contained herein constitute the entire Agreement
between the Commission and the COMELEC-EU and herein supersede all previous
agreements, both oral and written. The implementing guidelines and procedures on the
provisions on economic and social benefits and privileges can be the subject of future
negotiations for its proper realization.

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 IN WITNESS WHEREOF, the parties, by their authorized representatives, have
hereunto signed this Agreement this _______ day of _______________, 2011 in Manila,
Philippines.

FOR THE COMMISSION FOR THE COMELEC-EU

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