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    A sample of BAR materials

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    © All Rights Reserved
    Download as PDF or read online from Scribd
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    20 views16 pages

    Untitled

    Uploaded by

    Enteng Niez
    A sample of BAR materials

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    Republic of the Philippines Department of Education REGION V - BICOL MEMORANDUM nelonoe toh be aEATOR, 007394) | | To: Schools Division Superintendents All Others Concerned a oy From: GILBI SADSAD Regional Director Subject: Collective Negotiation Agreement (CNA) between DepEd Region V and Act Bicol Union Date: June 13, 2022 This is to formally furnish a copy of the Collective Negotiation Agreement (CNA) between DepEd Region V and Act Bicol Union. Please be informed that this Collective Negotiation Agreement (CNA) is still subject to ratification by all teaching personnel with no administrative and supervisory functions from June to August, 2022 through school-based district and division level meetings and discussions, ‘Attendance of union officers and teachers is on official time subject to coordination and approval by the school heads and provided further that limited face-to-face classes and other school activities are not disrupted. For information and guidance. Reference No. M- ‘Adminicbpiemde Regional Center Site, Rawis, Legazpi City 4500 @ orm © reomnscdepeagovsh COLLECTIVE NEGOTIATION AGREEMENT (CNA) BETWEEN ALLIANCE OF CONCERNED TEACHERS-BICOL (ACT BICOL) AND DEPARTMENT OF EDUCATION REGION V 2022 KNOW ALL PEOPLE BY THESE PRESENTS: This COLLECTIVE NEGOTIATION AGREEMENT is hereby entered into by and between: ! The DEPARTMENT OF EDUCATION-Y, a Regional Office of the Department of Education, with office address at Rawis, Legazpi City, represented in this agreement by its Regional Director GILBERT T. SADSAD, herein referred to as DEPED-V. 7 C -And- The ALLIANCE OF CONCERNED TEACHERS-BICOL, a duly organized and existing Public School Teachers’ Union, recognized by the Civil Service Commission under Certificate of Registration No. 1922 and Certificate of Accreditation No. 1075, with office address at Magallanes National High School, Aguada Norte, Magallanes, Sorsogon with email address actbicol@amail.com, duly represented in this agreement by its \ > president OLIVER B. LUCENARIO, herein referred to as the "ACT-BICOL". WITNESSETH: WHEREAS, the 1987 Constitution of the Republic of the Philippines grants and guarantees government employees the right to form unions and to collective bargaining and negotiations; WHEREAS, itis a declared policy under the Magna Carta for Public School Teachers and ==__ its Implementing Rules and Regulations for the State to promote and improve the social *S> and economic status of public school teachers, their living and working conditions, and terms of employment and career prospects; f y 2 : . WHEREAS, Executive Order No. 180 issued on June 1, 1987 empowers government authorities to enter into collective bargaining and negotiations with accredited employees organizations on terms and conditions of employment which are not fixed by law; cN WHEREAS, Act Bicol Union is duly accredited as the sole and exclusive bargaining agent of all academic rank and file employees of the Department of Education V, and as such it shall represent and bind them in any negotiation not fixed by law; WHEREAS, DepEd Region V and Act Bicol Union have agreed to promote a harmonious relationship between the parties which will uphold and respect mutual recognition of rights with the end in view of contributing not only to the welfare of the academic rank and file employees but also of the school children under their supervision and instruction; U ego] NOW THEREFORE, for and in consideration of the foregoing, the parties hereby stipulate and agree as hereunder set forth: FZ i i Pr £ ARTICLE | DECLARATION OF PRINCIPLES Section 1. The DepEd Region V and the Act Bicol Union recognize the basic rights of public school teachers to a just and decent salary, security of tenure, career development and humane working conditions which enhance academic freedom, excellence and creativity. Section 2, The DepEd Region V and the Act Bicol Union shall observe national policies as well as treaties and international agreements that the Republic of the Philippines may ratify, regarding the right to self-organization, collective bargaining and negotiations, and concerted activities, including the right to strike in accordance with law. Section 3. The DepEd Region V and the Act Bicol Union shall uphold the democratic rights of the public school teachers, in the active participation in formulating policies and programs affecting them, including representations in appropriate committees and bodies existing by virtue of DepEd issuances and those that may be issued thereafter by the Ed and as a result of this agreement. Section 4, The DepEd Region V and the Act Bicol Union shall meet at reasonable times based on what has been agreed to confer with respect to the implementation of salaries and other compensation benefits, hours and other terms and conditions of employment or the negotiation of an agreement or any question arising from the agreement subject to existing laws, policies, rules and regulations. Section 5. The DepEd Region V shall respect and guarantee teachers’ right to enjoy academic freedom in the discharge of their professional duties, particularly with regard to teaching and classroom methods as stipulated in the Magna Carta of Teachers, and in accordance with policies of the DepEd. Section 6. The DepEd Region V shall not interfere with the establishment, operations and administration of the Act Bicol Union provided that they are in accordance with law, DepEd Orders, policies, rules and regulations. Section 7. There shall be no discrimination against any member of the rank-and-file teaching personnel in relation to matters covered by this agreement on the bases of sex, creed, civil status, gender orientation, political, cultural or religious affiliation, belief and age. ARTICLE I DEFINITION OF TERMS Article Il shall be called Definition of Terms. In this section all the suggested terms or phrases that need to be defined operationally are included. Academic Rank and File Employees - refer to Teacher 1 to Master Teachers without supervisory or managerial functions. Academic Freedom - refers to the right of the teachers to freely decide on the means on how to discharge their professional duties, particularly wth regard to tegching and ~liv D> ‘i pote Bap) PIR “he ‘ Zz classroom methods as stipulated in the Magna Carta of Teachers, and in accordance with policies of the DepEd. Humane working conditions - refer to mutual and harmonious relationship among teachers, school officials and the community. This also includes a safe and healthful environment where teachers are provided with the following: a. classroom with proper ventilation and lighting facilities faculty room with proper ventilation and lighting facilities appropriate furnitures clean comfort rooms safe and potable water supply lactating place for lactating/nursing teachers playground for children of teachers below 5 years old subject to sufficiency of site and buildable space in the school. e@roa05 Teaching facilities — refer to the materials needed by the teachers in teaching-learning process to attain quality and effective results such as but not limited to laptop/computer, be LCD projector, and wi-fiinternet connection. d “off Abbvewayo offices and schools. The negotiating unit shall compose fhe followin: po ; ES Act Bicol Union — refers to the Alliance of Concerned Teachers-Bicol Union the sole- and-exclusive negotiating agent of the rank-and-file teaching personnel of the Department of Education-Region V, whose members are permanentiregular teachers in the elementary and secondary schools who are actually teaching and have no managerial or supervisory functions. Union Time Privilege — refers to the time given by the management of the Act Bicol Union officers on official time to perform union functions as long as it will not exceed the number of days provided by DepEd Region V and will not affect their teaching duties and responsibilities. Act Union Bicol and Management Consultative Body — refers to the body composed of five (5) members from DepEd Region V and five (5) members from Act Bicol Union to discuss issues and concems that need to be cleared and be resolved especially on matters arising from the implementation of this Agreement. The five (5) members from the ACT Bicol Union are not part of the negotiating panel DepEd Region V- refers to the Department of Education Region V. It is the agency that has the sole authority to implement orders and memorandum set forth by the region and the national and uphold the rights and privileges of the teachers. ARTICLE Ill COVERAGE Section 1. The appropriate negotiating unit covered by this Collective Negotiation Agreement shall consist of all academic rank and file employees in the Department of Education Region V regardless of the status of employment, provided that they do not perform supervisory and managerial function. Section 2. The Department of Education (DepEd) Region V covers all the school division Jf Mel Dee 9 =~ iy al ee WS Ss Section 1. The DepEd Region V recognizes Act Bicol Union as the sole and exclusive negotiating representative of all academic rank and file employees of the DepEd V regardless of the status of employment in any negotiation with management on terms and conditions not fixed by law. Section 2. The DepEd Region V shall allow Act Bicol Union to hold regular and/or special meetings on OFFICIAL TIME in accordance with the Constitution and by Laws of the Act DZ, Bicol Union and the teachers attendance shall be in coordination and subject to the SS by their immediate head of office. General Assembly (Once every three years): One day Division Chapter Representatives Assembly (Annual): One Day School Chapter Presidents’ Meeting at the Division Level (Once a month): One day School Chapter Meeting (Once a month): During a school professional meeting Regional Council Meeting (Once a month): One day Regional Executive Board (Once a month): One day % : f Section 3. OFFICIAL TIME/ UNION TIME PRIVILEGE. Official time shall be granted by the DepEd Region V to allow union officials and members to accomplish representation duties, which includes attendance to workers education programs, seminars, meetings, conventions, conferences, symposia and others including leadership trainings in trade unionism, workers’ congress and similar activities called by any government agency or a other organizations/institutions. d. e me aggcD Regional Director Assistant Regional Director Schools Division Superintendents Assistant Schools Division Superintendents Education Program Supervisors ‘School Heads ARTICLE IV UNION RECOGNITION, RIGHTS AND PRIVILEGES Section 4, OFFICIAL BUSINESS/REPRESENTATION. Official Business shall be granted to any of the elected or appointed officer of the Union, including the chairperson of the committee who represents the union in the different committees of the agency. a. Membership of the union's representatives to the following shall be mandatory, to wit: ( vi. MEL. Personnel Selection Board (CSC MC No. 3, s. 2001) Committee on Decorum and Investigation for Sexual Harassment Cases (CSC Resolution No. 01-0940, May 21, 2001) Grievance Machinery (CSC MC No. 2, s. 2001) PRAISE Committee (CSC MC No. 1, s. 2001) Personnel Development Committee (CSC MC No. 10, s. 1989) Employees’ Organization-Management Consultative Committee (DBM Circular No. 2006-1) vii. Performance Management Team (CSC MC No. 6, 2012; CSC MC No 8, s. 2013) vili, Change Management Team (IRR of EO 366) Section 5. UNION TIME. Union time shall be granted in the following officers as indicated below provided this will not affect the number of days required for the delivery of actual quality instructions with the leamers. Ve, The Regional Union President, Vice President and the Secretary shall be given y , pirwripn| 2 days union leave per month. b. Division Chapter President shall be given 1 day union leave per month. c. Members of the Regional Council shall be given a 1 day union leave per month, except those officers stated above. d. District Chapter President shall be given 1 day union leave per quarter. e. Considering the distance of travel, officers and members shall be given 2 days travel entitlement. Section 6. UNION OFFICE AND FACILITIES. Subject to the availability of funds appropriated by law and subject to COA Rules and Regulations, DepEd Region V shall provide the Act Bicol Union with a Regional Office with essential and available support services such as machines, office equipment, and other facilities, including free internet connections and service. The different Schools Division Offices shall provide office space for the Act Bicol Union and the local school chapters subject to the availability of office space in the division and school respectively. Section 7, CONFERENCE HALLS AND OTHER FACILITIES. The DepEd Region V shall allow the Act Bicol Union free use of conference halls and other facilities for its meetings subject to availability of conference rooms/facilities, with prior written consent, provided that said request is made at least ten (10) days before such Act Bicol Union activity. The Act Bicol Union shall also be allowed to access the pigeon holes for the purpose of sending official written communications to all members Section 8. TRANSPORTATION: The DepEd Region V shall provide the Act Bicol Union a service vehicle for the use of its representatives/members subject to the availability of the vehicle. Section 9. BULLETIN BOARDS. The Act Bicol Union shall be provided a space in the existing bulletin boards in every school, division and regional office for communicating with its members and non-members. Section 10. LIST OF NEW TEACHERS. The list of new teachers within the negotiating unit who have been issued appointments as well as a copy of plantilla positions of teaching personnel shall be made available to the Union by DepEd Region V through the Division Office concerned, upon written request by the Act Bicol Union subject to the provisions of Data Privacy Act Section 11. The DepEd Region V, through the Division Offices, shall inform the Act Bicol Union of the retirement, resignation or dismissal of personnel within (30) days after the effective date of such separation from the service through ita official mailing addfess. i a 2 cee plots SE f Vick ARTICLE V NEGOTIATING UNIT MEMBERS’ EDUCATION PROGRAM Section 1. The DepEd Region V shall allow the Act Bicol Union to conduct trainings and seminars for all within the negotiating unit for the purpose of enlightening them of their rights, privileges, obligations and responsibilities under the law and this agreement on official business. Section 2. The Act Bicol Union may orient new members during the teacher induction ee0c8 Section 4: Brigada Eskwela. Teachers who rendered services during the said activity should be given service credit. One whole day service rendered should be given 1.25 service credit, subject to existing guidelines. ARTICLE XIV HEALTH BENEFITS Section 1. FREE ANNUAL MEDICAL AND DENTAL CHECK-UP. DepEd Region V shall support free annual medical and dental check-up to all teachers subject to availability of s, Section 2: The DepEd Region V and SDOs shall establish dental and medical clinics in regional and division offices. ARTICLE XV OCCUPATIONAL HEALTH AND SAFETY Section 1. SAFETY AND HEALTH REQUIREMENTS. The DepEd Region V shall ensure conformity to and compliance with applicable regulations requiring safe and sanitary working conditions prescribed by law. The DepEd Region V, SDOs and schools shall endeavor to provide healthy, psycho-social services, and safe working condition for all teachers. Fe een Sections 2. Teachers may not report to their station in conditions that shall endanger their health and safety. Provided that the said risks to health and safety have been established by the proper authorities concemed Section 3. FIRST AID. The DepEd Region V, SDOs and schools shall provide first aid kits in strategically located areas of workplaces/offices where no medical clinic is located in the premises. For this purpose, teams of teachers shall be formed and trained in first aid. ARTICLE XVI SERVICE CREDITS Section 1. Subject to existing laws and regulations and availability of funds, DepEd Region V shail allow full monetization of service credits for all teachers. Furthermore, DepEd Region V shall grant fifteen (15) days number of service credits for teachers every year likewise subject to existing laws and orders. fel A sae Section 2, Teachers who shall be given additional tasks during Summer, Christmas and other officially-calendared vacations such as Brigada Eskwela, Enrolment, Summer ‘Camps, Athletic Meets and Remedial Classes shall be given Service Credits on a one whole day equivalent to 1.25 service credit subject to existing rules and regulations. Section 3: Summer and Christmas vacation. No teacher maybe called by the Principal or the School Head to report to school during such vacations and other holidays and Saturdays unless there are written orders signed by the appropriate authorities such as“ DepEd Memorandum issued by the Regional Director or School Division wee es SN 9 Ai \ < 5 and those days teachers were ask to report shall be properly compensated or given service credit. Section 4, One-is-to-one service credits shall also be granted to teachers who served in the office during summer performing non-teaching related jobs such as but not limited to Guidance Coordinators, Property Custodians, etc., subject to existing rules and regulations. Section 5: Teachers who render services shall be properly compensated or be granted ice credits which shall be computed on an hourly basis. Section 6. Transactions with government offices requiring personal appearance such as, but not limited to, GSIS, Pag-ibig, PhilHealth and PRC shall be allowed on Official Time. To wit a GSIS Updating and Claiming of ID b. PRC Filing and renewal of license c. LTO Filing and renewal of license ARTICLE XVII GSIS CONCERNS Section 1. DepEd Region V, SDOs and Implementing Unit-schools shall ensure the timely updating of teachers’ records in the GSIS and shall assist and facilitate the request of teachers such agency to provide a copy of statement of account of the teachers requesting such document every year subject to the provisions of Data Privacy Act. ARTICLE XVIII CLEARANCES Section 1. DepEd Region V, SDOs, and Schools shall create a committee that shall review the requirements for clearances set by DepEd Region V, Division and School. One’ of the members of the committee shall be from ACT Bicol Union. ARTICLE XIX WORLD TEACHERS’ DAY Section 1. ACT Bicol will spearhead the planning, preparation and conduct of the Annual World Teachers’ Day Celebration in the Region in coordination with DepEd. Section 2. All Teachers shall be provided with t-shirts, meals and transportation during the celebration of the World Teachers’ Day activity subject to the availability of funds. CO ge SON pot a vt Fs of gender issues in the following laws: a. Magna Carta of Women b. Reproductive Health Law c. Violence Against Women and Children d. Solo Parent Act e. Gender Awareness and Development Section 2. PROTECTION OF TEACHERS AGAINST SEXUAL HARASSMENT. The DepEd Region V, SDOs, Schools and Act Bicol Union shall work together for the protection of teachers against any form of sexual harassment. Section 3. INTERNATIONAL WOMEN’S DAY. The DepEd Region V shall allow its teachers to attend, on official time, activities sponsored by or participated in by the Act Bicol Union, to commemorate the International Women's Day every March 8. Section 4. The DepEd Region V shall ensure compliance of SDOs and schools on the proper utilization of the 5% budget for GAD activities. ee SL NM ARTICLE XXI SPORTS e Ore Section 1. SPORTS PROGRAM. The DepEd Region V shall support Sports Development Program and Annual Regional Sports Festival organized by Act Bicol Union for the academic rank and file employees. Section 2, SPORTS FACILITIES AND EQUIPMENT. The DepEd Region V, SDOs and schools in cooperation with ACT Bicol Union shall provide sports facilities and equipment for all school-based chapters of ACT Bicol Union, subject to availability of funds appropriated by law and the COA Rules and Regulations cf Section 3. TEACHERS’ PARTICIPATION TO SPORTS COMPETITIONS. Teachers, shall be encouraged to participate in higher sports competitions. [, ARTICLE XXII REGULARIZATION OF CONTRACTUAL AND VOLUNTEER TEACHERS Os Section 1. Regularization of teachers who were hired as contractual, volunteers and job orders by the Local School Boards shall be considered by the DepEd Region V through SY. its Division and School Offices, provided they shall undergo the usual selection process of hiring similar to new ones provided further that they possessed the required qualifications stated in the Qualification Standards for the position they applied for. i kA A ARTICLE XXill RETIREMENT PROGRAM Section 1. The DepEd Region V, through the Division Offices, shall hold a tribute activity for all retiring teachers in recognition of their long and faithful service to the youth and the department. Section 2. The DepEd Region V through the Division Offices and schools together with ct Bicol Union shall provide a plaque of appreciation to the retirees, Section 3. The DepEd Region V, SDOs and schools shall facilitate the timely release of the retirement pay and other benefits and provide assistance in the release of pensions and gratuities after submission of the required documents needed for such claims. ARTICLE XXIV GENERAL STATEMENT OF COMMON INTEREST Section 1. The DepEd-V and the Union are in full accord with the strong sense of promoting and improving the general, social, physical, mental, economic, and academic status of public school teachers thereby ensuring a progressive and sustainable educational environment essential to the moral, physical, emotional, and well-being of the school children and the consequential development of the growth of the nation. Towards 1 this end, both parties shall exert all reasonable and permissible efforts within the ambit of existing laws and policies, rules and regulations of the Department of Education, Civil Service Commission, Department of Budget and Management, Commission on Audit and X other government agencies, including those that may hereinafter promulgated, to strictly observe and implement the following: a. RIGHT FOR CONSULTATION. Teacher's participation to non-DepEd activities shall be subject to consultation. In which case, service credits proportionate to the actual hours of attendance shall be granted subject to existing rules and regulations. b. DEDUCTIONS. Guidelines on Salary Deductions due to absences, tardiness and undertime shall strictly follow the provisions stated in Sec. 1 of the Magna Carta for Public School Teachers, Sec. 34 of Omnibus Code on Leave, tardiness and Undertime, DepEd Service Manual and CSC MC No. 41, s. 1998. Other deductions from the salaries and other compensation of teachers shall be made only with their written concurrence. “off c, CONFIDENTIALITY OF TEACHERS’ RECORDS of whatever nature and the access level of authority to the said records shall be in accordance with established rules ensuring that the teachers’ legal rights and interests shall not be prejudiced. d. FREE LEGAL ASSISTANCE to teachers who are subject of complaints arising from the performance of their official functions, subject to existing laws and“ \~ regulations. A ue ae SR Np? sea > fl 0 : 2 SENIOR CITIZENS. Teachers who are senior citizens and differently-abled \ Yo “of e@. COMPENSATION. Support any reasonable and legal effort to review the compensation level of teachers. f, SUBSTITUTION. Teachers, when tasked to substitute for an absent teacher in classroom teaching, shall be granted service credits proportionate to their actual hours of classroom teaching; provided, however, that such substitution shall result to more than six (8) hours of classroom teaching a day. persons shall be fully respected of their rights and privileges, particularly in room assignments and other school activities. ARTICLE XXV GRIEVANCE PROCEDURE Section 1. “Grievance” shall mean any dispute or controversy between the DepEd Region V and the Act Bicol Union arising from the interpretation or implementation of this Agreement as provided by Rule XIV Sections 1 and 2a-2c of EO 180. Section 2. In the resolution of grievances, the DepEd Region V and the Act Bicol Union shall be guided by the following principles: The procedure outlined herein is directed towards the peaceful, just and inexpensive settlement and resolution of dispute. The parties agree to resolve issues as expeditiously and as close to the date of occurrence as possible, with the least inconvenience to the teachers and administrators ‘ concerned and the least disruption to the services they provide. The Parties shall endeavour to achieve sound and fair resolution of issues and not merely the winning of cases. a MOY cpr plea 2. Within the duty to negotiate collectively are the resulting duties on the part of DepEd Region V (a) to respect and promote the rights accorded to teachers by this Agreement and by applicable laws, (b) not to terminate or make any modification to this Agreement in any manner within its lifetime, and (c) to abide by the procedure laid down herein to ensure the fulfilment of said duties. + 3. Any grievance arising from the implementation of the CNA shall be resolved between the parties in accordance with the procedures laid down by CSC or & regulations that may be issued by the Secretary. The procedure shall be SS nonlitigious. ARTICLE XXVI IMPLEMENTING AND MONITORING SCHEME > Section 1. UNION-MANAGEMENT CONSULTATIVE BODY. For purposes of maintaining continuous lines of communication, consultation and dialogue between the DepEd Region V and the Act Bicol Union, a Union-Management Consultative Body spall be created to be composed of five (5) representatives from each| 2B a)

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