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[A.M. No. 01-6-04-SC.September 18, 2001]
SC GRIEVANCE MACHINERY
EN BANC
Gentleman:
Quoted hereunder, for your information, is a resolution of this Court dated SEPT 18 2001.
A.M. No. 01-6-04-SC(Re: Proposed SC Grievance Machinery.)
The Court Resolved to NOTE the separate letters dated 29 May and 24 August 2001 of the Grievance Committee and APPROVE the attached recommended Supreme Court Grievance Machinery, to wit:
SUPREME COURT OF THE PHILIPPINES
GRIEVANCE MACHINERY
WHEREAS, under Administrative Circular No. 23-2001 in line with the Revised Policies on the Settlement of Grievance in the Public Sector contained in CSC Resolution No. 010113, the Supreme Court has created a Grievance Committee composed of
Chairperson:�� ����������������������������������������������� Atty. Ma. Luisa D. Villarama
Vice Chairperson: ������������������������������������������ DCA Jose P. Perez
Members:������� ����������������������������������������������� Atty. Annaliza S. Ty-Capacite
Mrs. Estrella D. Eje, Chief, Budget Division, FMBO
Mrs. Patrocinio V. Salazar, Chief, Employee. Welfare and Benefits Division, OAS
Atty. Ma. Lourdes C. Perfecto, SCALE President
Mr. Jose G. Ang, to represent the rank and file employees in the second level
Ms. Melissa Muhi, to represent the rank and file employees in the first level
Bilis Aksyon Partner/Action Officer:� Mr. Jacinto S. Serrano;
WHEREAS, under Administrative Circular No. 23-2001, the Grievance Committee is mandated to prepare a Grievance Machinery and to formulate internal rules, policies, procedures and strategies for submission to, and approval by, the supreme Court En Banc;
WHEREAS, a grievance machinery is intended to create a work atmosphere conducive to good supervisor-employee relations and improved employee morale;
WHEREAS, grievances should be settled at the lowest possible level in the organization;
WHEREAS, such machinery and strategy will serve as a catalyst for the development of capabilities of personnel on dispute settlement, especially among supervisors in the agency;
NOW THEREFORE, the Grievance Committee hereby resolves to adopt the following Supreme Court Grievance Machinery.
Section 1. SCOPE
This Grievance Machinery applies to all officials and employees of the Supreme Court, Presidential Electoral Tribunal, Philippine Judicial Academy (PHILJA), and to those assigned to the regular members and Secretariat of the Judicial and Bar Council.
Grievance Machinery refers to the system or method of determining and finding the best way to address the specific cause or causes of a grievance.
Section 2. COVERAGE
The Grievances that shall be acted upon through the Grievance machinery are those that are work related or which may give rise to employee dissatisfaction, such as:
a. Non-implementation of policies, practices, and procedures on economic and financial issues and other terms and conditions of employment fixed by law including salaries, incentives, working hours, leave benefits, and other related terms and conditions;
b. Non-implementation of policies, practices and procedures which affect employees from recruitment to promotion, detail, transfer, retirement, termination, lay-offs, and other related issues that affect them;
c. Physical working conditions;
d. Protest on appointments and other personnel actions;
e. Interpersonal relationships and linkages; and
f. All other matters giving rise to employee dissatisfaction and discontentment outside of those cases enumerated above.
����������� The following cases shall not be acted upon through the grievance machinery:
a. Disciplinary cases which shall be resolved pursuant to the Uniform Rules on Administrative Cases;
b. Sexual Harassment cases as provided for in RA 7877; and
c. Employees Associations' issues and concerns.
Section 3. POLICIES
1. A grievance shall be resolved expeditiously at all times at the lowest level possible in the agency. However, if not settled at the lowest level possible, an aggrieved party shall present his or her grievance step by step following the hierarchy of positions.
2. The aggrieved party shall be assured freedom from coercion, discrimination, reprisal and biased action on the grievance.
3. Grievance proceedings shall not be bound by legal rules and technicalities. Even a verbal grievance must be acted upon expeditiously. The services of a legal counsel shall not be allowed.
4. Supervisors or officials who refuse to take action on a grievance brought to their attention shall be liable for neglect of duty in accordance with existing civil service law, rules and regulations.
Section 4. PROCEDURE
The procedure for seeking redress of grievances shall be as follows:
A - Grievance of Parties Within One Office
1. Discussion with Immediate Supervisor. At the first instance, a grievance shall be presented verbally or in writing by the aggrieved party to his or her immediate supervisor.
The supervisor shall inform the aggrieved party of the corresponding action within three (3) working days from the date of presentation.
2. Appeal to the Chief of Office. If the aggrieved party is not satisfied with the verbal decision, he or she may submit the grievance in writing, within five (5) working days to the Chief of Office, who shall render a written decision within five (5) working days from receipt of the grievance.
B - Grievance of Parties Belonging to Different Offices
1. Discussion with the Immediate Supervisor of the respondent. Whenever the parties involved belong to different offices the grievance shall be filed with the immediate supervisor of the respondent. Such grievance shall be resolved by the immediate supervisor within five (5) working days from date of filing.
2. Appeal to the Chief of Office of the respondent. The resolution of the immediate supervisor may be elevated to the Chief of Office of the respondent within five (5) working days from receipt thereof. The Chief of Office of the respondent shall render a written decision within five (5) working days from receipt of the grievance.
C - Grievance against Supervisors
Where the object of the grievance is the immediate supervisor, the aggrieved party may bring the grievance to the Chief of Office.
In all cases under A, B and C of this section, the decision of the Chief of Office may be elevated to the Grievance Committee within five (5) working days from receipt thereof.
The Committee may conduct an investigation and hearing within ten (10) working days from receipt of. the appealed grievance and render a written decision within five (5) working days after the investigation and shall thereafter issue Certification on the Final Action on the Grievance (CFAG) which shall contain, among other things, the following information: history and final action taken by the agency on the grievance.
D - Grievance against Chiefs of Offices
Where the object of the grievance is the Chief of Office, the aggrieved party may submit the grievance to the Grievance Committee.
E - Grievance against the Committee
Where the object of the grievance is the Grievance Committee, the matter may be submitted to the Office of the Chief Justice.
Section 5. APPEAL TO THE OFFICE OF THE CHIEF JUSTICE
The decision of the Grievance Committee may be appealed to the Office of the Chief Justice within fifteen (15) working days. Together with the appeal, the aggrieved party shall submit the Certification on the Final Action on the Grievance (CFAG) issued by the Grievance Committee.
Section 6. GRIEVANCE FORMS
The following forms shall be used:
1. Grievance Form
|
_________________ (Date Filed) _________________________________________________ Name of Aggrieved PartySection/Division/Office _________________________________________________________ Position Title/Designation (If Any)Aggrieved Party's Higher Supervisor Nature/Subject of Grievance: __________________________________ __________________________________ Action Desired: __________________________________ __________________________________ ___________________________ Signature of Aggrieved Party |
2. Grievance Agreement Form
|
Name of Parties to a Grievance _______________________________________ Nature of the Grievance _____________________________________________ Steps toward settlement______________________________________________ Agreement/s Reached _________________________________________________________________ _________________________________________________________________ We promise to abide by the above-stated agreement. ________________________________________________ Aggrieved PartySubject of Grievance __________________________ Chairman Grievance Committee |
3. Certificate of Final Action on the Grievance
|
This certifies that the grievance filed by______________________________________ (Aggrieved Party) on ___________________ has been acted upon this Committee on _________________ Final Action Taken : _____________________________________________________ _____________________________________________________ _______________________ Chairperson Grievance Committee Date ______________________ |
Section 7. PRO-ACTIVE MEASURES
The Committee shall conduct training information drives on Grievance Machinery among officials and employees in collaboration with the Office of Administrative Services. It shall likewise develop and implement pro-active measures or activities to prevent grievance such as employee assembly, "talakayan", counseling and other Human Resource Development programs. Minutes of the proceedings of these activities shall be documented.
Section 8. QUARTERLY REPORT
The Committee shall submit a quarterly report of its accomplishments and the status of unresolved grievances to the Civil Service Commission Regional Office concerned and shall likewise copy furnish the Office of the Chief Justice of the same.
Section 9. EFFECTIVITY
This Grievance Machinery shall take effect immediately upon approval by the Court En Banc pursuant to Supreme Court Administrative Circular No. 23-2001.
Section 10. COMMITMENT
I hereby commit to implement the provisions of this Grievance Machinery and take necessary action in accordance with existing civil service law and rules against supervisors or officials who refuse to act on a grievance before their attention.
����������������������������������������������������������������������������������� _____________________________
Agency Head
(Signature over Printed Name)
����������� __________________
Date
Noted by:
____________________________
CSC Regional Director
(Signature Over Printed Name)
����������� _________________
Date
The Chief Justice is hereby AUTHORIZED to sign the commitment and transmit the document to the Civil Service Commission for its approval.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) FELIPA B. ANAMA
Acting Asst. Clerk of Court
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