PUBLIC SECTOR

UNIONISM

PUBLIC SECTOR UNION

any organization, union or association of employees in the agencies of

government which exist in whole or in part for the purpose of
collective negotiations or mutual aid, interest, cooperation and
protection.

effective vanguards of public trust and as watchdogs against

abuses.

advocate of adherence to Section 1, Article XI of the Philippine

Constitution which reads:

at all

"Public office is a public trust. Public officers and employees must

times be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and act with patriotism and
justice, and lead modest lives."

Constitutional Basis

Section 8, Article III (on Bill of Rights): "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".

Section 2 (5), Article IX-B (on Constitutional Commissions): "The right to

self-organization shall not be denied to government employees"

Section 3, Article XIII (on Social Justice and Human Rights): "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 law".

The right to join an association/union includes the right to leave and cancel
his membership with said organization or to abstain from joining one.

Government Support

EO 180:

- Sec. 2. All government employees can form, join or assist employees'

organizations of their own choosing for the furtherance and protection
of their interests. They can also form, in conjunction with appropriate
government authorities, labor-management committees, works councils
and other forms of workers' participation schemes to achieve the same
objectives.
Sec. 5. Government employees shall not be discriminated against in
respect of their employment by reason of their membership in employees'
organizations or participation in the normal activities of their organization.
Their employment shall not be subject to the condition that they shall not
join or shall relinquish their membership in the employees' organizations.

Government Support

EO 180:

Sec. 6. Government authorities shall not interfere in the

establishment, functioning or administration of government employees'
organizations through acts designed to place such organizations under
the control of government authority

CSC Resolution No. 03-0328: restored Personnel Relations Office,

Human Resources Relations Office, the principal function of which
ensure the development of responsible public sector unionism
responsive management through an intensified education
information campaign, giving technical support to PSUs

now
is to
and
and

Purpose

As a mechanism to promote harmonious relationship between the rankand-file employees and management.

As a force to compel management to faithfully observe the democratic

processes relating to the merit system.

As a factor in influencing the enactment of legislations which will further

protect and uplift employees' welfare.

As a partner of management in policy-making, policy-implementation

and policy monitoring.

As a watchdog of the people in preventing graft and corruption.

As an agent of change in bringing about a more efficient public service

delivery.

As a negotiating agent for improved terms and conditions of work,

particularly those which are not fixed by law.

Eligibility for Membership

Only rank-and-file employees are eligible as members of public sector

employee unions.

Casual or contractual employees cannot organize; they may, however,

join or assist employee unions during the period of their employment.

High level employees or those whose functions are managerial, policydetermining or primarily confidential are not eligible for membership.
The same is true for employees involved in security matters of the
State, such as members of the Armed Forces of the Philippines, police
officers, policemen, firemen and jail guards. These government
personnel may, however, form their own associations and have them
registered with the Securities and Exchange Commission.

The classification into rank-and-file or high level employees is principally

determined by the nature of the employee's functions as reflected in the
approved job description of the position concerned.

Permissible Concerted Activities

Section 3, Article XIII (on Social Justice and Human Rights) guarantees
the right of government employees to peaceful concerted activities.
These are dialogues; formal petition; informal petition such as the
hanging of streamers, posters and placards; peaceful assembly short of
strike and wearing of black ribbons/badges.

Civil Service Commission has directed agency heads to provide two (2)
specific spaces within the premises of the agency where employee
unions could post their posters such as, near the bundy clock, at the
canteen, or other places normally frequented by the employees. The
size of each designated area shall not be less than 2 ft. x 3 ft.

Permissible Concerted Activities

Prohibition to strike

"employees in the public (civil service), while guaranteed the right

to
self-organization, to petition Congress for the betterment of
employment terms and conditions, and even to negotiate
with
appropriate government agencies for the improvement
of such
conditions as are not fixed by law, do not have the right
to strike".

No.
SCRA 686

- Manila Public School Teachers Association, et. al. vs. The Hon. Perfecto Laguio, Jr., et. al., (G.R.
95445) and Alliance of Concerned Teachers (ACT), et. al. vs. Hon. Isidro Carino, et. al. (G.R. No.
95590), citing Social Security System Employees Association vs. Court of Appeals 175