Providing Guidelines For the Exercise of the Right To Organize of Government Employees, Creating A Public Sector Labor-Management Council, and For Other Purposes

Case Overview and Summary

EXECUTIVE ORDER NO. 180

I. Coverage
- This Executive Order applies to all employees of all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters. (Sec. 1)
- Government employees can form, join or assist employees' organizations of their own choosing for the furtherance and protection of their interests. (Sec. 2)
- High-level employees whose functions are normally considered as policy-making or managerial or whose duties are of a highly confidential nature shall not be eligible to join the organization of rank-and-file government employees. (Sec. 3)
- The Executive Order shall not apply to the members of the Armed Forces of the Philippines, including police officers, policemen, firemen and jail guards. (Sec. 4)

II. Protection of the Right to Organize
- Government employees shall not be discriminated against in respect of their employment by reason of their membership in employees' organizations or participation in the normal activities of their organization. (Sec. 5)
- Government authorities shall not interfere in the establishment, functioning or administration of government employees' organizations. (Sec. 6)

III. Registration of Employees' Organization
- Government employees' organizations shall register with the Civil Service Commission and the Department of Labor and Employment. (Sec. 7)
- Upon approval of the application, a registration certificate will be issued to the organization recognizing it as a legitimate employees' organization with the right to represent its members and undertake activities to further and defend its interest. (Sec. 8)

IV. Sole and Exclusive Employees' Representatives
- The appropriate organizational unit shall be the employers unit consisting of rank-and-file employees unless circumstances otherwise require. (Sec. 9)
- The duly registered employees' organization having the support of the majority of the employees in the appropriate organizational unit shall be designated as the sole and exclusive representative of the employees. (Sec. 10)
- A duly registered employees' organization shall be accorded voluntary recognition upon a showing that no other employees' organization is registered or is seeking registration, based on records of the Bureau of Labor Relations, and that the said organizations has the majority support of the rank-and-file employees in the organizational unit. (Sec. 11)
- Where there are two or more duly registered employees' organizations in the appropriate organizational unit, the Bureau of Labor Relations shall, upon petition, order the conduct of a certification election and shall certify the winner as the exclusive representative of the rank-and-file employees in said organization unit. (Sec. 12)

V. Terms and Conditions of Employment in Government Services
- Terms and conditions of employment or improvements thereof, except those that are fixed by law, may be the subject of negotiations between duly recognized employees' organizations and appropriate government authorities. (Sec. 13)

VI. Peaceful Concerted Activities and Strikes
- The Civil Service laws and rules governing concerted activities and strikes in the government service shall be observed, subject to any legislation that may be enacted by Congress. (Sec. 14)

VII. Public Sector Labor-Management Council
- A Public Sector Labor Management Council is constituted to implement and administer the provisions of this Executive Order. (Sec. 15)
- The Council shall promulgate the necessary rules and regulations to implement this Executive Order. (Sec. 15)

VIII. Settlement of Disputes
- The Civil Service and labor laws and procedures, whenever applicable, shall be followed in the resolution of complaints, grievances and cases involving government employees. (Sec. 16)
- In case any dispute remains unresolved after exhausting all the available remedies under existing laws and procedures, the parties may jointly refer the dispute to the Council, for appropriate action. (Sec. 16)