Thursday, August 11, 2005

Government Unions

Registration rules for gov't unions

Inquirer News Service

THIS is in response to the letter of Annie Enriquez-Geron, secretary general of the Public Services Labor Independent Confederation (PSLINK), published last July 27. It appears that she mixed up the requirements for registration and accreditation of public sector unions.

We would like to clarify: Under the Amended Rules of EO 180, for purposes of registration, a public sector union must have as members at least 30 percent (this used to be 10 percent) of the rank-and-file employees in its organizational unit. The increase in the membership requirement was made upon the recommendation of the employees' duly elected representatives to the Public Sector Labor-Management Council (PSLMC).

The requirement of a higher percentage, which comes close to the "majority-support" requirement for the accreditation of employees' organizations, was made to enhance the mandate of employees' organizations and to strengthen them.

The minutes of the PSLMC meetings will attest to this. Likewise, in the Amended Rules, regional offices of a department, agency or office continue to be recognized as appropriate organizational units for purposes of registration.

To avoid confusion, the Amended Rules of EO 180 used the term "organizational unit" in relation to the registration of employees' unions; and "negotiating unit" in relation to accreditation. It, however, retained the definition of "organizational unit" found in the old rules.

Furthermore, the majority requirement (50 percent plus one of the rank-and-file employees of the agency) for the purpose of accreditation is required under EO 180 itself. The requirements for accreditation enumerated in the Amended Rules merely reiterate the provisions of EO 180 and other previously issued rules and regulations. Hence, for purposes of accreditation as the sole and exclusive negotiating agent, a registered employees' union must show proof that it has the majority support of the rank-and-file employees in the negotiating unit.

More importantly, it must be stressed that the Amended Rules of EO 180 was thoroughly discussed in the council meetings where the employees' representatives actively participated.

Finally, we would like to assure Geron that the commission and the PSLMC steadfastly adhere to the policy of promoting the free and responsible exercise of the right of government employees to self-organization. We also recognize the role of public sector unions as partners in improving public service delivery. This is amply illustrated by the fact that employees' unions were given representation in the PSLMC, even only in an observer capacity, pending the enactment of a law including them as regular members of the council.

Thank you and we hope that with this reply, we have clarified the matter.

ANICIA MARASIGAN-DE LIMA, director IV, Personnel Relations Office, Civil Service Commission, (chair, PSLMC Secretariat)