Q. Is it necessary to renew the accreditation of a union once it has become inactive for many years? Does accreditation expire?
A. No. Accreditation does not expire. However, the status of an accredited union may be challenged by another registered employee association/union in the same bargaining unit under Sections 13, Rule VIII of the Amended IRR of E.O. 180.
Q. Can a union lose its accreditation?
A. Yes, provided a petition challenging the accreditation on any of the following grounds is filed before the Council through the CSC-PRO:
a. failure of the accredited employees’ organization to maintain the support of the majority of the rank-and-file employees after one (1) year from the
issuance of its certificate of accreditation, subject to the contract-bar rule under Section 3(d), Rule IX of the Amended IRR of E.O. 180; or
b. failure of the accredited employees’ organization to submit a CNA proposal to management, pursuant to Section 12 of the Amended IRR of E.O. 180.
Q. Is there a certain period that is required for a union to be accredited?
A. None. There is no policy/provision in the Amended IRR of E.O. 180 on the required period for a registered union to be accredited.
Q. What is CNA incentive?
A. This is cash incentive in whatever form provided for in the CNAs and its supplements, which is granted in PSLMC Resolution No. 04, s.2002 and PSLMC Resolution No. 02, s. 2003, or the rationalized cash incentive granted to the government employees concerned who have contributed either in productivity or cost savings in an agency, in fulfillment of the commitments in the CNAs or supplements thereto.
The CNA incentive may be granted to both management and rank-and-file employees of agencies with approved and successfully implemented CNAs. (Senate and House of Rep. Joint Reso. No. 4, s. 2009; and DBM Circular No. 2011-9 dated September 29, 2011).
It excludes such other items that are negotiable, in cash or in kind, listed under section 2, Rule XII, PSLMC Resolution No. 2, s. 2004, and non-negotiable concerns specified in PSLMC Resolution No. 04, s. 2002 and PSLMC Resolution No. 02, s. 2003. (Budget Circular No. 1, s. 2006)
Q. Where can the CNA incentive be sourced?
A. The incentive shall be sourced solely from the MOOE savings generated as a result of the cost-cutting measures/systems improvement agreed upon by the union/association and the agency management. Hence, the incentive cannot be given upon signing of the agreement by the parties, otherwise, it will partake of the nature of a signing bonus.
Q. Can an agency/union grant CNA Signing Bonus?
A. No. Signing Bonus has been declared illegal by the Supreme Court (Social Security System vs. Commission on Audit, 384 SCRA 548 dated July 11, 2002).
Q. Are non-member rank-and-file employees entitled to CNA incentives?
A. Yes. As an accredited employees’ organization, the concerned union represents not only its members but the entire rank-and-file employees in the bargaining unit. Hence, the CNA incentive is available even to non-member rank-and-file employees, subject to their payment of agency fee pursuant to PSLMC Resolution No.1, s. 1993.