The Role of Public Sector Unionism in the Promotion of Transparency and Accountability in the Public Sector

The Role of Public Sector Unionism in the Promotion of Transparency and Accountability in the Public Sector Anicia Marasigan-de Lima1 Introduction: Th...
Author: Alyson Carter
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The Role of Public Sector Unionism in the Promotion of Transparency and Accountability in the Public Sector Anicia Marasigan-de Lima1 Introduction: This paper aims to show the crucial role played by public sector employee unions in the field of governance. In so doing, this will somehow temper the negative perception which the agency heads have of public sector unions that the latter has no other goal than their downfall. By the time that the paper reaches its conclusion, there is optimism that there will be least resistance/reluctance on the part of the agency heads to accept public sector unionism. Government employees need not hide whenever they campaign for union membership. All that they have to do is to go to management and say "Sir/Madam, we want to be your partner in achieving the agency goals and we are forming a union for this purpose." Under this approach, no reasonable management can afford to reject the offer. There will thus emerge a responsive management and a responsible public sector employee union with a common objective. . . efficient and effective public service delivery. What is meant by public sector unionism? How can it contribute to good governance. . . to the overall growth of the country? What is its role in the everyday interaction between the government employees and the heads of agencies? These questions will be addressed by this paper if only to justify the importance given to public sector unionism by the Philippine Constitution when it incorporated various provisions to guarantee its exercise and to ensure that the efforts of the framers of the Constitution are not in vain. To accomplish this purpose, the Paper will provide a brief background and situationer of public sector unionism in the Philippines and thereafter, lay emphasis on its contribution to two (2) of the eight (8) major characteristics of good governance, which are accountability and transparency. The six (6) other characteristics/attributes of good governance are: participation, observance of the rule of law, responsiveness, consensus-oriented, equity and inclusiveness, and effectiveness and efficiency. Harnessing Public Sector Unionism: A major thrust of the present leadership of the Civil Service Commission (CSC) Convinced of the need for a strong partnership with public sector unions in the promotion and development of good governance, the present leadership of the CSC restored on March 10, 1

Director IV, Personnel Relations Office Civil Service Commission, Philippines

2003, under CSC Resolution No. 03-0328 the Office for Personnel Relations, the specific office in the CSC which used to provide leadership and assistance in the implementation of policies relative to union matters and in the settlement of employee grievances and managementemployee disputes, which was abolished in 1994. It was renamed Personnel Relations Office (PRO) and given the challenging task of promoting responsive management and responsible public sector unionism as key partners for effective governance. The PRO handles all concerns on public sector unionism in National Government Agencies (NGAs), Local Government Units (LGUs), State Universities and Colleges (SUCs), and Government-Owned and Controlled Corporations (GOCCs) nationwide. Composed of three (3) divisions - the Registration, Accreditation and CNA Division, the Conciliation and Education Division and the Public Sector Labor-Management Council (PSLMC) Concerns Division, the PRO is committed to the creation of a working atmosphere conducive to harmonious relations which can be achieved through a management and an employees' organization that mutually respect each other's rights. Overview of Public Sector Unionism: 1.

Nature of the right of government employees to organize The right of government employees to self-organization is not a statutory creation. It is a natural and constitutional right. The constitutional guarantee is found in three (3) separate articles of the 1987 Philippine Constitution. These are: 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. In pursuance of the constitutional guarantee to the right to self-organization, Executive Order No. 180 was issued on June 1, 1987 by then President Corazon C. Aquino in the exercise

of her legislative powers, providing the guidelines for the exercise of the right of government employees to organize. 2. Definition of Public Sector Union; What are its purposes? As used in labor relations, a public sector union refers to an organization of government employees established for the promotion and furtherance of their interests. It serves the following purposes: 3. As a mechanism to promote harmonious relationship between the rank-and-file employees and management. 4. As a force to compel management to faithfully observe the democratic processes relating to the merit system. 5. As a factor in influencing the enactment of legislations which will further protect and uplift employees' welfare. 6. As a partner of management in policy-making, policy-implementation and policymonitoring. 7. As a watchdog of the people in preventing graft and corruption. 8. As an agent of change in bringing about a more efficient public service delivery. 9. As a negotiating agent for improved terms and conditions of work, particularly those which are not fixed by law. 10. The coverage of the constitutional guarantee is limited to responsible public sector unions. What is meant by a responsible public sector union? A responsible public sector union is an organization of government employees which: 1. makes government employees aware not only of their rights but also of their responsibilities 2. knows not only to make impositions or demands but also to listen to reason 3. looks upon Management not as rival but as partner to social and economic progress 4. balances its interests with those of the management and the agency as a whole 5. 11. Eligibility for membership in public sector unions: 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, policy-determining 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. If an employee, however, performs functions different from his approved job

description, the basis for the classification shall be the actual functions as appearing in his latest Performance Evaluation Report. 12. Description of the processes/stages involved in union formation. Union formation involves two (2) processes. These are registration and accreditation. Registration gives official existence to the union so as to be entitled to the rights and privileges provided under Executive Order No. 180. Union registration is a joint function of the Bureau of Labor Relations (BLR) of the Department of Labor and Employment (DOLE) and the CSC. For an application for registration to be given due course, it must be signed by at least 10% of the employees in the organizational unit which the applicant union seeks to represent; must be accompanied by a registration fee of P 140.00, the minutes of the organizational meeting and the list of employees who participated in the meeting, four (4) copies of the Constitution and by-laws of the applicant-union, the minutes of the adoption and the list of members who participated therein, and copies of the financial report(s) if the applicant-union has been in existence for one (1) year or more; and must contain the names and addresses of the officers and the principal address of the union. The process of accreditation follows. Accreditation confers on the registered union enjoying the majority support of the agency's total rank-and-file employees the status as their sole and exclusive negotiating agent on terms and conditions of employment not fixed by law. To be accredited, the registered union must submit the following requirements to the PRO of the CSC: (1) accreditation fee of P 150.00; (2) a sworn petition for accreditation; (3) certified true copy of the agency plantilla of positions; (4) certified true copy of the latest approved payroll; (5) a resolution signed by the majority of the rank-and-file employees of the agency expressing support to the union's accreditation; (6) certification from the BLR that the applicant union is the only registered employees' union in the organizational unit which it seeks to represent and that no other employees union in the same organizational unit is seeking registration; (7) certification from Personnel/Administrative Officer as to the total number of rank-and-file employees in the agency, on which the majority support requirement shall be based. If the application and its supporting documents are found to be complete, the applicant-union shall be notified and directed to post the Notice of Petition for Accreditation in a conspicuous place within the premises of the agency for a period of 30 calendar days. Any interested party may file with the PRO an opposition to the petition. If no opposition is received by the PRO, a Certificate of Accreditation shall be issued to the applicant-union. When there are two (2) or more registered employees unions in a particular agency claiming majority support of its rank-and-file employees, any one of the registered unions or management may petition for the conduct of a certification election with the BLR. The registered union which is declared by the BLR as the winner in the election shall be certified as the sole and exclusive negotiating agent of the agency's rank-and-file employees. Said union shall apply for accreditation with the CSC, presenting for the purpose the Certificate issued by the BLR and submitting the required supporting documents for union accreditation. Once the application for accreditation is found to be in order, the CSC shall issue the corresponding Certificate of Accreditation.

All registered regional unions within the same department/agency/office or governmentowned and/or controlled corporations may federate with other regional unions into a national union in order to fulfill the requirements for accreditation. The accredited status of a union may be challenged one (1) year after its accreditation if it fails to maintain the majority support of the rank-and-file employees or if it fails to conclude a Collective Negotiation Agreement (CNA) with Management. As regards the latter situation, the CSC has been receiving reports that in some instances, the accredited union has submitted its proposed CNA to Management but the latter does not act on it, without justification. Under this scenario, the failure to conclude a CNA is not due to the fault of the accredited union. It would thus be unfair to cancel its accreditation. To cope with situations of this nature, the Revised Implementing Rules of Executive Order No. 180 which is now being finalized includes a provision that the accredited union must submit to Management a CNA proposal within one (1) year from accreditation, copy furnished the PRO. If one (1) year lapsed without the union submitting a proposal to Management and furnishing PRO a copy thereof, the PRO will write a letter to the union, copy furnished Management, giving it another year to conclude a CNA, failure in which shall cause the revocation/cancellation of the union's accreditation. For failure, therefore, of the accredited union to conclude a CNA within 2 years from accreditation, its status as an accredited union may be challenged by any interested party or by the PRO itself as the oversight body of the Council. After accreditation, a union looks forward to entering and concluding a CNA with Management. As they say, accreditation without a CNA is incomplete. It is just like a sturdy tree which does not bear fruits. Terms and conditions of employment, except those which are fixed by law, can be negotiated between the management and the union. Among the negotiable items/concerns are schedules of vacation leave; work assignment of pregnant women; provisions for protection and safety, facilities for handicapped personnel, first aid medical services and supplies, and family planning service for married women; physical fitness program; annual medical/physical examination; and recreational, social, athletic and cultural activities and facilities. On the other hand, the non-negotiable items comprise those which require appropriation of funds and those which involve the exercise of management prerogative. The former includes increase in salary and other allowances; facilities requiring capital outlays; car plan; provident fund; special hospitalization, medical and dental services; rice, sugar and other subsidies; travel expenses and increase in retirement benefits, while the latter covers appointment, promotion; reassignment/detail; reclassification/upgrading of positions; revision of compensation structure and penalties imposed as a result of disciplinary action. The parties are not, however, precluded from submitting proposals to higher authorities to improve the terms and conditions of their employment. Once a CNA is concluded/signed between the management and the union, the same must be posted in two (2) conspicuous places within the premises of the agency for a period of at least five (5) days. The posting requirement is intended to familiarize the rank-and-file employees with the provisions embodied in the Agreement and help them in their decision on whether or not to ratify the Agreement. Once ratified by the majority of the agency's rank-and-file employees, the signed CNA shall be submitted to the Civil Service Commission for registration

accompanied by a registration fee of P100, an Affidavit from the Union President regarding compliance with the posting requirement and the Agreement's ratification by the majority of the agency's rank-and-file employees and documents containing the ratifying signatures, the total personnel complement in the agency, total number of employees in the negotiating unit, and the source of agreement which may be mutual settlement, conciliation, and voluntary or compulsory arbitration. Once the application for registration of the CNA is found to be in order, a Certificate of Registration of the CNA shall be issued. The registration of the Agreement shall constitute as a bar to any challenge/opposition to the accredited union's right of representation during the term of the Agreement which in no case shall exceed three (3) years. 13. Number of Registered/Accredited Unions and Registered CNAs; What do the figures show? Statistics on registration and accreditation of public sector unions show a total of 1,263 registered employees’ unions nationwide, from 1987 to the present. Of this number, 411 were accredited during the same period. Eighty-nine (89) or 21.65% of the accredited unions registered with the CSC the CNA, they concluded with Management. Table.1

REGISTERED/ACCREDITED UNIONS AND REGISTERED CNAs BY REGION REGION National Capital Region Cordillera Administrative Region Autonomous Region of Muslim Mindanao Region 1 Region II Region III Region IV Region V Region VI Region VII Region VIII Region IX Region X Region XI Region XII Caraga

TOTAL

FROM 1987 TO PRESENT

Registered Unions 328 44 2 56 57 71 132 64 73 82 87 47 53 100 50 17

Accredited Unions 158 15 0 9 16 27 42 16 11 22 25 4 15 32 16 3

Registered CNA 50 0 0 2 1 0 5 3 3 5 8 0 0 7 3 2

1263

411

89

Of the total 1,263 registered unions, 490 or 38.80% belong to the National Government Agencies (NGA), 450 or 35.63% to the Local Government Units (LGU), 155 or 12.27% to the Government-Owned and Controlled Corporations (GOCC), and 168 or 13.30% to the State Universities and Colleges (SUC). On the other hand, 154 or 37.47% of the total 411 accredited unions belong to the NGA, 135 or 32.85% to the LGU, 64 or 15.57% to the GOCC, and 58 or 14.11% to the SUC. Of the total 89 registered CNAs, 34 or 38.2% belong to the NGA, 25 or 28.09% to the LGU, 20 or 22.47% to the GOCC, and 10 or 11.24% to the SUC. Table 2.

REGISTERED/ACCREDITED UNIONS AND REGISTERED CNAs BY SECTOR, BY YEAR

N A T IO N A L

YEAR

Acc.

1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003

R eg. 8 16 19 20 20 31 26 19 17 16 11 26 28 19 87 84 43

8 9 7 6 4 11 10 10 5 8 6 16 23 27 4

TOTAL

490

154

LOCAL

w /C N A

R eg.

Acc.

3 1 1 9 14 4

11 23 16 14 10 9 12 18 14 15 19 17 23 125 77 47

4 6 3 2 5 5 4 2 6 7 7 6 24 37 17

34

450

135

1

1

GOCC w /C N A

Acc.

1 1 3 7 7 5

R eg. 16 15 9 5 7 9 7 9 10 6 9 8 1 7 17 15 5

1 4 2 4 1 5 5 7 6 7 6 3 3 5 3 2

25

155

64

1

S U C w /C N A

R eg. 5 8 6 9 5 8 6

TOTAL

1 2 8 5 2

7 5 2 8 18 18 26 30 7

2 3 6 5 4 12 10

2 1 4 2

R eg. 29 50 57 50 46 58 48 40 52 41 37 61 64 67 255 206 102

20

168

58

10

1263

1 1

Acc.

w /C N A

2 3 1

3 7 1

Acc. 0 1 18 20 15 9 14 24 28 18 20 24 22 30 56 79 33

w /C N A 0 0 0 0 0 0 1 1 0 4 0 4 3 8 25 30 13

411

89

The figures will show that despite the importance of public sector unionism, it is sad to note that public sector unionism has not really advanced much since the adoption of the 1987 Philippine Constitution. A lot has still to be achieved and there is yet a long way to go before the management can fully understand and trust the intention of the employees in grouping themselves together and before the employees can completely erase their doubt or suspicion whenever management exercises its prerogative. What is, however, encouraging is that the parties have begun to realize that they need each other . . . that the agency needs both their services and unless they cooperate with and respect each other, the agency will go nowhere. We are, therefore, moving towards the right direction and this is what is important. 7.

Modes of Dispute Settlement

Public service delivery is/should be the end-result/goal of both management and the employees. It is the main business of government. It is the government's reason for being. The kind of public service the government delivers largely influences the public's perception/impression of the government as a whole. Thus, a quality service brings higher public confidence in the government. The public's confidence is manifested in their support to the various programs of the government and their participation and involvement in the development processes. A poor/mediocre public service delivery, on the other hand, drives away public support. They care less about the programs of the government since, after all, they do not derive any satisfaction from the kind of service it delivers. The relations between the employees and the management are not just their own affairs. The efficient operations of the country's economy is anchored on the working partnership between labor/employees and the management, a partnership where their interests are mutual, not antagonistic. Neither partner can prosper if both do not progress. If the parties are in constant conflict, there is continued interruption of the agency activities. Public service delivery would suffer. There will be a decline in services which are intended to satisfy the public's needs. To prevent disruption in public service delivery, several avenues have been provided for the settlement of management-employee disputes/conflicts. These are grievance machinery/procedure, negotiation, conciliation and mediation, and arbitration.

What is meant by grievance machinery/procedure? It is the method of finding the best way to remedy the specific cause/causes of the grievance/complaint which in the opinion of the employee union, has been ignored by management without due consideration. What is meant by negotiation? It is the process whereby representatives of union and management meet for the purpose of reaching an agreement and how such agreements are to be administered. What is meant by conciliation/mediation? Conciliation is the process whereby a third party (conciliator) brings the parties together; encourages them to discuss their differences and assist them in developing their own proposed solutions. On the other hand, mediation is the process whereby a third party (mediator) is more active in assisting the parties reach acceptable solutions to the problem/s and help the disputing parties develop or come out with an acceptable solution. He can even submit his own proposal/s for the settlement of the dispute. The distinction, however, no longer exists at the present. The terms "conciliation" and "mediation" are now used interchangeably to mean third-party intervention. Thus, the conciliators and mediators are expected to play a more active stance where they not only serve as "the man in the middle" but go as far as proposing alternatives to make the positions of either party more acceptable to the other, making recommendations or even offering solutions to the problem. The CSC shall provide conciliation/mediation services to prevent or settle an impending or existing management-employee disputes upon request of management, employee union or citizens affected by disrupted public services; in cases of spreading employee unrest as reported to the CSC; in any situation which requires immediate intervention to protect public interest; and when there is a notice of strike erroneously filed with the DOLE. Arbitration is the process whereby a third party is empowered to make a decision which disposes of the dispute. It may either be voluntary where the arbitrator or panel of arbitrators is chosen by both parties and whose decision rendered after a hearing on the issues is final and binding on the parties, or compulsory where the dispute has become irreconcilable and remains unresolved after exhausting all available remedies under existing laws. Whatever is the mode of dispute settlement, be it grievance machinery/procedure, negotiation, conciliation/mediation, or arbitration, the goal is to put an end to the managementemployee dispute at the earliest time possible since the longer it persists, the greater is the damage it will cause to the transacting public. In the end, it is the public's confidence in the government which is eroded. 8.

Permissible concerted activities; prohibition against strikes:

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.

Employees harboring grievances against management have, however, resorted to the indiscriminate posting and hanging of placards, posters, streamers, etc. which has caused the management to order the removal of the said materials. This has created an atmosphere of hostility between them. To avoid situations of this nature, the 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. What is prohibited under existing law and jurisprudence is the engagement in strikes by government employees. On the subject of strike, the Supreme Court held in Manila Public School Teachers Association, et. al. vs. The Hon. Perfecto Laguio, Jr., et. al., (G.R. No. 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 SCRA 686 that "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". 9. Public Sector Labor-Management Council (PSLMC): The body changed with the implementation and administration of the provisions of Executive Order No. 180. The PSLMC is composed of the Chairman of the Civil Service Commission (as Chairman), the Secretary of the Department of Labor and Employment (as Vice-Chairman) and the Secretaries of the Department of Justice, Department of Finance and Department of Budget and Management (as Members). It has institutionalized the participation during Council meetings of public sector unions in an observer capacity pending the enactment of a law which would include employee union representatives in the regular membership of the Council. The four (4) employee union representatives, one each from the national government agencies, local government units, government owned or controlled corporations, and state universities and colleges who attend the Council meetings were elected last November 2001 during the Government Employees' Congress held in Manila Midtown Hotel. The Council has original and exclusive jurisdiction over the following cases/issues. 1. negotiations disputes which arise when there is a need to resolve issues in collective negotiations, or when there is a deadlock resulting therefrom; 2. disputes arising from grievances or questions resulting from the interpretation of the provisions of the collective negotiation agreements; 3. disputes arising from unfair labor practices committed by employer/management and/or employees' organization/union; and, 4. determination of whether a mass action amounts to a strike 5. and shall assume jurisdiction over these cases provided the following requisites are present:

6. there is a dispute; 7. it remains unresolved; 8. all available remedies under existing laws, rules, and procedures have been exhausted; 9. either or both of the parties had referred the dispute before the Council; and, 10. the Personnel Relations Office has certified that the dispute remains unresolved or irreconcilable. Public Sector Unions: Potent Force of Transparency and Accountability in the Government In its broad context, governance is defined as the sound exercise of political, economic and administrative authority to manage a country's resources for development. It involves the institutionalization of a system through which citizens, institutions, organizations, and groups in the society articulate their interests, exercise their rights, and mediate their interests in pursuit of their collective good. Its basic elements are accountability, participation, predictability and transparency which are also the key principles of sound development management. This paper shall limit itself to the elements of accountability and transparency and the contribution of unions in their advocacy and promotion. Accountability relates to making public officials answerable to the citizenry for the actions and decisions of management, and ensuring that in the performance of their functions, their actions are responsive to and faithfully safeguard the welfare and interests of the people. Promoting accountability involves establishing criteria to measure performance of public officials and institutionalizing mechanisms to ensure that these criteria or standards are met. Transparency refers to the availability and accessibility of information to the public, and clarity of government rules and regulations. It ensures swift access to accurate and timely information about government policies, programs and activities. Unions have emerged as effective vanguards of public trust and as watchdogs against abuses. They have become strong advocates of adherence to Section 1, Article XI of the Philippine Constitution which reads: "Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives." Eradicating graft and corruption (whether petty or large-scale), making officials accountable for their actions, and establishing a government/society managed/run by leaders of proven integrity/values are as much the concern of the union as their recognition by management. To be able to do this, the unions need not focus on disclosing big deals involving large sums of money. They can begin right in the recruitment and promotion of personnel in their respective agencies. The unions are properly represented in the Personnel selection Board by two (2) representatives appointed by the accredited union, if there is one, or by two (2)

representatives elected at large by the employees in a general assembly. They can make their presence felt in the implementation of the merit-based recruitment/promotion. Again, the unions, with specific reference to the leaders/officers, should not allow themselves to be a shield for non-performance. They should come to the defense only of members who have valid grievances or those who despite very satisfactory performance and possession of the required qualifications are still left behind without any justification. They must be prepared to say "No" to those with selfish interests. Only then can they gain the respect of management and also appear credible in promoting/advocating accountability in the public sector. Just recently, a local union succeeded in ousting its agency head after exposing his anomalies/irregularities starting out with lunch-time pickets and distribution of campaign materials to seeking the assistance of the media. It was not easy as the complainants-employees who are members of the union received threats involving their safety and career. The union won a moral battle. The struggle is not yet over since the union is still pursuing the administrative and criminal cases which they filed against the agency head. There are still many employees/unions who are disgusted with the way their agencies are being run/managed . . . they would want to come out in the open and have the erring officials disciplined but are prevented from doing so owing to little or even no protection at all from the government. There is wanting a protection program for whistleblowers. Moreover, the disposition of cases is also taking a long time. Recently, however, an Inter-Agency Anti-Graft and Corruption Council composed of the Civil Service Commission, the Presidential Anti-Graft Commission, the Commission on Audit, the National Bureau of Investigation, the Ombudsman, the Sandiganbayan and the Department of Justice was created. This inter-agency task force provides for the needed institutional cooperation among the various agencies especially in fasttracking the resolution of big corruption cases. The Council is also mandated to revise the country's anti-graft and corruption legislations and strategies in order to amend loopholes. Last year, a National Anti-Corruption Workshop was conducted where ten strategic agencies were asked to draft their respective anti-corruption plans focusing on two (2) major doable strategies. This is a big opportunity for unions to lobby for whistleblowers' protection. While the Commission is as much interested in weeding out undesirables in the government, it is, however, reminding the unions to be circumspect in exposing wrongdoings/misbehavior of public officials in the government. Premature disclosure of any anomaly or irregularity without sufficient evidence must be avoided as it indicates bad faith on the part of the union and will only create animosity between the management and the union which would be hard to heal. In the same manner that the union resents harassment by management, the latter must also be spared from unfounded accusations. Conclusion: As long as there are employees who are disappointed with the way things are being run in their agency, as long as there are executives who trample upon the rights of lowly employees,

and as long as management and the employees cross each other's path, the formation of public sector unions is not only unavoidable but should even be encouraged. As long as the government has responsible public sector employee unions which will uphold public interest to private interest, good governance will no longer be an aspiration but a reality. As long as there is a responsive management which lends a sympathetic ear to a responsible public sector union which supports the agency's mission and vision, we will achieve the government worthy of the trust and confidence of the Filipino people.

References: Executive Order No. 180, and Its Implementing Rules and Regulations 1987 Philippine Constitution Textbook on the Philippine Constitution by Hector de Leon, 1994 Edition Civil Service Commission Memorandum Circular No. 47, series of 1990 Civil Service Commission Resolution No. 03-0328 dated March 10, 2003 Public Sector Labor-Management Council Resolution No. 1, series of 2002 Registered Public Sector Unions, Bureau of Labor Relations, Department of Labor and Employment, Philippines Statistics on Registration and Accreditation of Public Sector Unions, Civil Service Commission, Philippines (as of August, 2003) List of Accredited Employees Organization with Registered Collective Negotiation Agreement, Civil Service Commission, Philippines (as of August 2003) Documentation, Government Employees' Congress, Manila Midtown Hotel, Philippines, November 2001

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