Q&A on Public Sector Unionism....

Quite a number of my friends at work have been asking me questions regarding unions in government offices. For the benefit of all, I have posted the questions along with the correct reply, as to the best of my knowledge.

What is a public sector union?

A public sector union refers to an organization of government employees established for the promotion and furtherance of their interests.

How is a public sector union created?

A public sector union is created via a two stage process: registration, and accreditation.

Registration refers to the process of officially recognizing existing employees' organizations in agencies through a corresponding certificate of registration issued by the Bureau of Labor Relations and thus providing the employees' union entitlement to the rights and privileges under EO 180.

Accreditation grants a registered employees' organization the privilege of being the sole representative of employees on collective negotiation with the management. Accreditation is granted by the Civil Service Commission.

As far as our Corporation is concerned, there are two (2) public sector unions duly registered with the Bureau of Labor Relations. Of these two, both are NOT accredited by the Civil Service Commission (despite claims or arguments to the contrary).

Recognition is not the same as accreditation.

Are contractuals government employees?

Yes. This is beyond dispute.

May contractuals form public sector unions?

No. Casual or contractual employees cannot organize a public sector union (a public sector union as defined by E.O. 180 and it’s implementing rules). However, they may join or assist employee unions during the time of their employment.

While contractuals cannot organize a public sector union, they are not prohibited from self organizing or forming unions, associations or societies for the furtherance of their interests. This is guaranteed in Sec. 8, Art. III of the Bill of Rights which provide: “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.” The only caveat is that such unions, associations or societies do not, and cannot enjoy the privileges granted by law to public sector unions, particularly those with regard to collective negotiation.

More questions? Mistakes in my answers? Let me know.

References:

E.O. 180 and it’s IRR, CSC Code, 1987 Philippine Constitution

Disclaimer:

The above views, though supported by law, administrative issuances, and appropriate rulings by various judicial and quasi-judicial entities, represent the personal opinions of the author and should be taken as such. This right is protected under Sec. 4, Art. III of the Bill of Rights. Feel free to comment if you disagree with any of information presented.

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