R E S T R I C T E D 67

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1 67 REPUBLIC OF THE PHILIPPINES DEPARTMENT OF NATIONAL DEFENSE GENERAL HEADQUARTERS, ARMED FORCES OF THE PHILIPPINES Camp General Emilio Aguinaldo, Quezon City AGPCR2 11 January 1993 CIRCULAR NUMBER 2 EMPLOYEE GRIEVANCE MACHINERY, AFP 1. REFERENCE: Civil Service Commission Memorandum Circular Nr 45, series of 1989, requiring establishment of Grievance Machinery for all government agencies to create an atmosphere conducive to harmonious relationship and improved employee morale. 2. PURPOSE: This Circular establishes the machinery and institutes the procedure whereby complaints or grievances of individual employees working at GHQ and AFPWSSUs/ACs including Major Service Commands, may be addressed and resolved, if and when they arise, in order - a. to enhance wholesome and desirable employee management relations and prevent dissatisfaction and discontent; and b. to provide an expeditious and uniform process for settling/ adjudicating such complaints or grievances. 3. DEFINITION OF TERMS: a. Complaint - means an employee s expressed written or spoken feeling of dissatisfaction with some aspects of his working conditions, relationship or status which are outside his control. b. Grievance - refers to a complain in writing which has in the first instance and in the employee s opinion, been ignored, overridden, or dropped without due consideration. c. Grievance Procedure - refers to the method of determining and finding the best way to remedy the specific cause(s) of the complaint or grievance. d. Grievance Machinery - refers to the Committee within the Command created primarily for the early appreciation of a complaint/ grievance filed

2 68 by a disgruntled employee relative to the day-to-day working relationships between and among officials and employees. 4. TYPES OF GRIEVANCES: Complaints and grievances between and among individual employees and supervisor/management on the following non-economic issues and Economic issues are within the coverage of this Circular. a. Non-Economic Issues - (1) Policies, practices and procedures, e.g., recruitment, promotion, detail, transfer, retirement, termination and lay-off; (2) Physical working condition; linkages. prerogative. (3) Interpersonal and inter-organizational relationships and (4) Arbitrary exercise of discretion and/or management b. Economic Issues - (1) Policies, practices and procedures or financial and other terms of employment not fixed by the law. dissatisfaction. (2) Any and all matters giving rise to employee 5. THE GRIEVANCE MACHINERY: Grievance Committees to attend to employee s complaints/ grievances shall be constituted as follows: a. For complaints/grievances coming from employees, belonging to the GHQ & AFPWSSUs/ACs Civilian Employees Association, the composition of the Grievance Committee is as follows: Deputy J1/Chief, Discipline, Law and Order - Chairman C, Civ Pers Affairs Div, OJ1 - Member C, Civ Pers Div, OTAG - Member 2 Association Member - Member (Rank & File)

3 69 1 Alternate Member An alternate member is one chosen by the association (GHQ, AFPCEA) member with the consent and approval of ODCS PER, J1, if the complaint concerns any of the members of the Committee. The composition of Grievance Committees in Major Services shall be patterned from the above composition: b. For complaints/grievances coming from individual employees, the composition of the Grievance Committee is as follows: Deputy J1/Chief, Discipline, Law and Order - Chairman C, Civ Pers Affairs Div, OJ1 - Member C, Civ Pers Div, OTAG - Member 2 rank & file employees - Members 1 alternate - Member An alternate member for higher supervisor or employee in case the complaint concerns any of the members of the Committee. The composition of Grievance Committees for the above situation is the same with the Major Services. 6. PRINCIPLES GOVERNING DISPUTE SETTLEMENT: a. Any employee presenting a complaint or grievance shall be assured of freedom from coercion, discrimination or reprisal and a speedy impartial settlement of such complaint or grievance. b. Complaint and/or grievances shall be settled at the lowest possible level between the aggrieved employee and his supervisor. In case of failure to resolve the same resulting in the dissatisfaction of the former, the complaint shall be elevated to the higher levels in suspension, until the complaint reaches the highest authority for dispositive action/decision. c. The grievance procedure shall be as simple as possible and shall not be bound by legal technicalities. Employment of the services of a counsel is not necessary and should be avoided.

4 70 d. The grievance procedure shall be aimed at determining what is right and not who is right. e. A complaint or a grievance shall be considered not only in relation to the alleged object, but also in relation to the personal situation of the complainant. f. The right to appeal a decision on grievance in accordance with the provisions of this regulation shall not be curtailed. 7. THE GRIEVANCE PROCEDURE: The procedures for seeking redress of complaints and grievances: a. For an employee belonging to the Employees Association: (1) Oral Discussion - A complainant shall present orally his complaint in the first instance to his immediate supervisor who shall, within three (3) working days from the date of presentation inform the employee orally of his decision. If the employee is not satisfied with the oral decision, or she may extend oral discussion with the next higher supervisor and/or Chief of Unit/Office who shall have the comment of the immediate supervisor, then render his decision five (5) days upon presentation of complaint. (2) Grievance in Writing - If the employee is not satisfied with the oral decision, the employee through the association representative may submit his grievance in writing using the format and providing the information required in Sec H within five (5) working days from receipt of oral decision to the GHQ Grievance Committee or counterpart in Major Services. The Grievance Committee shall conduct an investigation and hearing within ten (10) working days from receipt of the grievance and shall render decision within five (5) working days after the investigation; provided however, that where the object of the grievance is the Grievance Committee, the complainant may elevate his grievance, thru the association representative, to OSND Grievance Committee. (3) If the complainant is not satisfied with the decision of OSND Grievance Committee, either or both parties may request conciliation/mediation services (Non-formal-in nature) of the Civil Service Commission which, shall render the same within ten (10) days. (4) If there is a deadlock, either or both parties may appeal to the Public Sector Labor Management Council (PSLMC) through the Office for Personnel Relations, CSC which, in turn submit to the PSLMC its comments within five (5) days after receipt of the complaint. The PSLMC shall render its decision within thirty (30) working days thereafter. The decision of the Council shall be final, binding and executory unless appeal is brought to the proper courts.

5 71 Rules of Court. (5) Appeal to the courts shall be in accordance with the b. For an employee not belonging to the Employees Association - In case an employee or association member would like to present his complaints and grievances thru his own initiative, the following procedures shall be observed: (1) Rules a and b above shall apply except the representation of the Association. (2) If the employee is not satisfied with the decisions rendered up to the Department level, the employee may appeal his complaints or grievances directly to the Civil Service Commission. The Commission shall, if necessary, conduct an investigation and hearing and render a decision within fifteen (15) days from receipt of the grievance. (3) The aggrieved employee may file a petition for reconsideration with the Commission within five (5) working days from receipt of the decision. Such petition shall be resolved within five (5) working days from receipt thereof. (4) The Commission s decision is final, binding and executory unless appeal from said decision is brought to the proper court, it being understood that such an appeal shall be in accordance with the Rules of Court. 8. CONTENTS OF WRITTEN GRIEVANCE: The complainant shall provide the following information in his written complaint/grievance: a. Name of the complainant b. Position title c. Designation (if needed) d. Present division or section of assignment e. Immediate supervisor f. Present department or unit of assignment g. Higher supervisor h. Nature of grievance (in brief)

6 72 i. Adjustment (action/disposition) desired j. Signature of employee k. Signature of association official/representative l. Date of filing from the lowest level in the agency 9. RESPONSIBILITY FOR THE RECORDS: All records involving complaints and grievance covered by this Circular shall be kept by the Chief, Records Division, OTAG or Records Division of Major Service Adjutant s Office, with copies thereof furnished, under receipt to the complaint and the Employees Association in case the complaint was presented through it. 10. EFFECTIVITY: This Circular takes effect upon publication. BY ORDER OF THE SECRETARY OF NATIONAL DEFENSE: OFFICIAL: LISANDRO C ABADIA General, AFP Chief of Staff (Sgd) OCTAVIUS S DAUZ Captain PN (GSC) The Adjutant General DISTRIBUTION: A