Article 138p. 138

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

problem relating to his conditions of employment with

his supervisor.

(b)

In

presenting

a complaint or grievance, the

employee

shall

be

assured

freedom

from

coercion,

discrimination or reprisal and of a speedy and impartial

settlement of such complaint or grievance.

(c) Complaints and/or grievances shall be resolved at

the lowest possible level in the agency.

(d) Grievance proceedings shall not be bound by

formal legal rules and technicalities.

(e)

An employee shall have the right to appeal

decisions on grievances to such competent authorities as

provided for in this Rule.

(f) A complaint or grievance shall be considered not

only in relation to its alleged object, but also in relation to

the personal situation of the complainant.

SECTION

6.

The

grievance

procedure

to

be

established

by

both

management/employer

and

employees/Recognized Negotiating Unit shall include the

following:

(a) Oral discussion — A complaint shall be presented

orally in the first instance to the employee's immediate

supervisor who shall within three (3) days from the date

of presentation inform the employee orally of his decision.

(b) Grievance in writing — If the employee is not

satisfied with the decision of the immediate supervisor

he may submit his grievance in writing through his

immediate supervisor, to the next higher officer or official

who shall within five days from the date of receipt of the

written grievance inform in writing the employee through

the immediate supervisor of his decision.

(c) Appeal to the agency head — If the employee is

not satisfied with prior decisions relative to his grievance,

he

may

submit, through channels, his grievance in

writing to his department or agency head, who may refer

it to a grievance committee constituted for the purpose.

Any party dissatisfied with the decision/resolution of

his case after undergoing the grievance procedure may

bring the same on appeal to the Merit Systems Protection

Board

or

Public

Sector

Labor

Management Council

through the Office for Personnel Relations, as the case

may be.

(d)

Processing

the

grievance

— The method of

reviewing and processing the grievance for expeditious

and satisfactory settlement shall be prescribed by the

agency.

(e) Composition — Composition of the grievance

committee

shall

be

defined

both

by

the

employees/Recognized

Negotiating

Unit

and

management/employer.

(f) Form — Each agency shall have standardized

forms for submitting grievances and indicating decisions.

Such form shall provide the following information:

(1) Name of the complainant

(2) Position Title

(3) Designation (if needed)

(4) Present Section or Division of Assignment

(5) Immediate Supervisor

(6) Present Department or Unit of Assignment

(7) Higher Supervisor

(8) Nature of Grievance (in brief)

(9) Settlement Desired

(10) Signature of Employee

(11) Signature of Association Official/Representative (if

applicable)

(12) Date of filing from the lowest level in the Agency

SECTION

7.

All

written

proceedings

involving

complaints and grievances shall be kept by the Personnel

Office of the agency and/or by the union.

SECTION 8. Each head of department or agency shall

submit

a

grievance

procedure

for

approval

to

the

Commission. Any department or agency may amend its

grievance procedure, which shall be submitted to the

Commission. Until disapproved, such amendments shall

be in effect.

SECTION 9. Each head of department or agency shall

furnish every employee in his office with a copy of its

grievance procedure including any revision thereof and

conduct information dissemination through symposium

or other modes of information drive.

SECTION

10.

The

Commission

shall

provide

consultation assistance to departments or agencies in

planning and setting up a grievance machinery, and shall

from time to time recommend to department or agency

heads, methods and practices which may contribute to

the effectiveness and improvement of such machinery.

SECTION

11.

The

Grievance

Committee

shall

be

composed of the following:

1. For complaints/grievances existing between and

among

individual

employee

and

supervisor/management.

(a)

One

(1)

member

of

top

management

or

a

representative to act as Chairman.

(b) One (1) higher supervisor except the one being

complained of.

(c) One (1) member of the rank and file.

2. For complaints/grievance existing between the

management and recognized/bargaining unit.

(a)

One

(1)

member

of

top

management

or

a

representative to act as Chairman.

(b) One (1) higher supervisor.

(c) One (1) member of the association.

SECTION 12. Unless appealed, the decision of the

concerned authorities shall take effect upon receipt of

the decision by all the parties involved.

RULE XIII Right to Self-Organization

Pursuant to the express provision of Section 45, Book

V

of

the

Code,

the

rules

relative

to

the

right

to

self-organization shall be governed by the rules and

regulations promulgated by the Public Sector Labor

Management Council.

RULE XIV Discipline

SECTION 1. No officer or employee in the civil service

shall be removed or suspended except for cause as

provided by law and after due process.

SECTION 2. Any person may file an administrative

complaint with the Commission or any of its proper

office. Said complaint shall be in writing and under oath,

otherwise, the same shall not be given due course.

SECTION

3.

No

action

shall

be

taken

on

an

anonymous complaint unless there is obvious truth or

merit to the allegations set forth in the complaint.

SECTION 4. The complaint shall be written in clear,

simple and concise language and in a systematic manner

as to apprise the respondent of the nature of the charge

against him and to enable him to prepare his defense.

SECTION 5. The complaint shall contain:

(a) the full name and address of the complainant;

(b) the full name and address of the respondent as

well as his position and office of employment;

(c) specification of charges; and

© Compiled by RGL

138 of 162