SOP Library
SOP NO:
HR-CD03
(List of Exhibits/Attachments)
Missi
on
:
Finance and Administration
Area:
Human Resource (HR)
Activity:
Career Development and Performance Evaluation (HR-CD)
Title:
Revised SOP on NFA Grievance Machinery
Date Approved/Issued:
01/08/2002
Date Effective:
01/23/2002
Digest:
I. TERMS OF REFERENCE
A. Rationale
B. Objective
C. Scope
D. Basis
II. IMPLEMENTING GUIDELINES
(NOTE: This is only approved at the National Food Authority (NFA) level and awaiting the Civil Service Commission's (CSC) approval).
III. STATEMENT OF POLICIES
1. The following work-related issues giving rise to employee dissatisfaction shall be acted upon through the grievance machinery:
(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) Interpersonal relationships and linkages;
(e) Protest on appointments;
(f) Arbitrary exercise of discretion and/or management prerogative; and
(g) All other matters giving rise to employee dissatisfaction and discontentment outside of those cases enumerated above.
2. A grievance shall be resolved expeditiously at all times at the lowest level possible in the NFA organization. However, if not settled at the lowest level possible, an aggrieved party shall present his or her grievance step by step following the procedures of NFA Grievance Machinery.
3. The NFA personnel shall have all the right to present their grievances to management and have the same resolved in accordance with the guidelines herein set forth.
4. The Grievance proceedings shall be non-adversary in character and shall be aimed at determining what is right not who is right.
5. The Grievance proceedings shall not be bound by legal rules and technicalities. Even verbal grievance must be acted upon expeditiously. The services of a legal counsel shall not be allowed.
6. A grievance shall be considered or resolved taking into account not only the interest of the employee but also that of the agency.
7. The aggrieved employee shall be free from threat, coercion, discrimination or reprisal from management by reason of his grievance.
8. A grievance shall be presented verbally or in writing in the first instance by the aggrieved party to his or her immediate supervisor. The latter shall, within three (3) working days from the date of presentation, inform verbally the aggrieved party of the corresponding action.
If the party being complained of is the immediate supervisor, the grievance shall be presented to the next higher supervisor.
9. To provide uniformity and in case of filing of written grievances, complainants shall utilize the prescribed
Complaint/Grievance
Form
(Exhibit A)
which provides basic information such as the name, position, title, designation of the employee, place of assignment, immediate and higher supervisors, nature of grievance, settlement desired, supporting documents and the date of filing.
10. The written grievance shall be noted by the employee's supervisor (Provincial Manager/Department Manager) who shall forward the written complainant with his comments to the committee within three (3) days from receipt thereof.
11. The NFA Grievance Machinery shall ensure equal opportunity for men and women to be represented in the grievance committee.
12. The HRMD-RAO/PAO, in collaboration with the respective grievance committees, shall conduct a continuing information drive on the NFA Grievance Machinery among its officials and employees.
13. The HRMD/Regional and Provincial Offices shall conduct pro-active measures or activities to prevent grievance such as: employee assembly which shall be conducted at least once every quarter, talakayan, counselling, information drive on major changes in policy and other HRD interventions.
14. Membership in the grievance committee shall be considered part of the members' regular duties.
IV. GRIEVANCE PROCEDURE
The procedure for seeking redress of grievances shall be as follows:
A.
Discussion with Immediate Supervisor
.
1. A grievance shall first be presented verbally or in writing by the aggrieved party to his or her immediate supervisor, Unit/Section/Division Chief.
2. If the object of the grievance is the immediate supervisor or employee in the other unit/section/division within the same office, the aggrieved employee may bring the grievance to the next higher supervisor (Provincial Manager/Department Manager).
3. The supervisor shall at all times create an informal and cordial atmosphere to enable the employee to explain fully the cause/s of his dissatisfaction and elicit suggestion to his grievance.
4. The supervisor shall withhold his views and refrain from making any value judgement while the employee fully explains his grievance.
5. The presence of the employee who is the object of the grievance or any other employee who could shed light on the case maybe requested as necessary.
6. The Supervisor shall inform the aggrieved party of the corresponding action within three (3) working days from the date of presentation.
B.
Appeal to the Higher Supervisor
.
1. If the aggrieved party is not satisfied with the decision of his/her immediate supervisor, he or she may elevate the grievance verbally or in writing, within five (5) days to the next higher supervisor (Provincial Manager/Department Manager).
2. The Provincial Manager/Department Manager shall render his or her decision within five (5) working days from the date of presentation of the grievance.
C.
Appeal to the Top Level Grievance Committee
.
1. If the aggrieved party is not satisfied with the decision of the Provincial Manager, he may elevate his grievance to the RLGC within five (5) working days from rendition/receipt of the decision of the next higher supervisor.
2. If the aggrieved party opted to elevate his grievance to the RLGC, the latter shall require the concerned Supervisor/Provincial Manager to submit his/her comments and action taken on the subject grievance.
3. The RLGC may conduct an investigation and hearing within ten (10) working days from receipt of the grievance and render a decision within five (5) working days after the investigation.
4. If the aggrieved party is not satisfied with the decision of the RLGC, he may elevate his grievance to the TLGC within five (5) working days from receipt of the decision of the RLGC. If the object of the grievance is the RLGC, the aggrieved party may submit his grievance to the TLGC.
D.
Appeal to the Top Level Grievance Committee
1. If the aggrieved party is not satisfied with the decision of the Department Manager or Head of Executive Offices or RLGC, he may elevate his grievance to the NFA Top Level Grievance Committee within five (5) working days from receipt of the decision of the Department Manager.
2. If the aggrieved party opted to elevate his grievance to the TLGC, the latter shall require the concerned Department Manager/RLGC to submit comments and action taken on the subject grievance.
3. The grievance committee may conduct an investigation and hearing within ten (10) working days from receipt of the grievance and render a decision within five (5) working days after the investigation and submit its recommendation to the Administrator for approval. If the object of the grievance is the TLGC, the aggrieved party may submit his grievance to the Civil Service Commission.
E.
Appeal to the Civil Service Commission
1. If the aggrieved party is not satisfied with the decision of the TLGC as approved by the Administrator, he or she may appeal or elevate his or her grievance to the Civil Service Commission within fifteen (15) working days from the receipt of such decision.
2. Together with the appeal, the aggrieved party shall submit a
Certification on the Final Action on Grievance (CFAG)
(Exhibit "C"). The Civil Service Commission shall rule on the appeal in accordance with existing civil service law, rules and regulations.
V. COMPOSITION OF GRIEVANCE COMMITTEE
A.
REGIONAL LEVEL GRIEVANCE COMMITTEE (RLGC)
Chairman
: Regional Manager
Members : Regional Administrative Officer (RAO)
Regional Investigator
EA Representative for first level and second level
who shall serve for a term of two (2) years.
(The first level representative shall participate
in the resolution of the grievance of first level
employees while the second level representative
shall participate in the resolution of grievance of
second level employees.)
*
Bilis Aksyon Partner (BAP)
Woman representative from Gender and Development (GAD) -
whenever the composition of the committee are mostly
men.
If any member of the Grievance Committee is the subject of grievance, he shall inhibit himself in deciding the case.
B.
TOP LEVEL GRIEVANCE COMMITTEE (TLGC)
Chairman : Deputy Administrator for Finance and Administration
Members : Department Manager, HRMD
Department Manager, DLA
EA Representative for first level and second level who
shall serve for a term of two (2) years.
(The first level representative shall participate
in the resolution of the grievance of first level
employees while the second level representative
shall participate in the resolution of grievance of
second level employees.)
*
Bilis Aksyon Partner (BAP)
Woman representative from Gender and Development (GAD) -
whenever the composition of the committee are mostly men.
Secretariat : HRMD-MDD
If any member of the Grievance Committee is the subject of grievance, he shall inhibit
himself in deciding the case.
* The BAP shall be designated in accordance with CSC-MC No. 03, s 1994. If the
designee is the RAO who is also a member of the RLGC, the Regional Office shall
designate another BAP.
VII. EFFECTIVITY
This NFA Grievance Machinery shall take effect upon approval by the Civil Service Commission.
SIGNED BY:
ANTHONY R.A. ABAD
NFA Administrator
Date:
July 9, 2001
(Note: Waiting for the approval of:
AGNES D. PADILLA
Director IV
Civil Service Commission
National Capital Region
Date: ________________)
III. RESPONSIBILITIES
a) GRIEVANCE COMMITTEE
1. Conduct dialogue between and among the parties involved;
2. Conduct an investigation and hearing within ten (10) working days from receipt of the grievance and render a decision within five (5) working days after the investigation;
3. May call on the official or employee of any department/office deemed concerned depending on the nature of the grievance;
4. Direct the documentation of the grievance including the preparation and signing of written agreement (
Grievance Agreement Form
- Exhibit "B" ) reached by the parties involved;
5. Furnish the aggrieved party with a copy of the decision within five (5) days from approval thereof;
6. 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 ont he grievance; and
7. The Top Level Grievance Committee shall submit a quarterly report of its accomplishments and status of unresolved grievances to the Civil Service Commission.
b)
HRMD/REGIONAL OFFICE
1
.
HRMD/Regional Offices - shall conduct pro-active measures or activities to prevent grievance such as:
1.a employee assembly which shall be conducted at least once every quarter;
1.b talakayan
1.c counselling
1.d information drive on major changes in policy and other HRD interventions.
Minutes of the proceedings of these activities shall be documented for audit purposes;
2. The Secretariat shall be tasked to maintain all written proceedings involving complaints and grievances and shall prepare the
facts sheet
(Exhibit "D") which contain, among other things, the following information:
2.a name of complainant
2.b position
2.c place of assignment
2.d subject of complaint
2.e date of complaint
2.f supporting documents
2.g complainant's contention
2.h respondent's contention
2.i actions taken and such other information and evaluation made.
VII. EFFECTIVITY
This NFA Grievance Machinery including subsequent amendments thereto shall take effect upon approval by the Civil Service Commission Regional Office.
ANTHONY R.A. ABAD
Administrator
Date: JANUARY 08, 2002
Approved:
AGNES D. PADILLA
Director IV
Civil Service Commission
National Capital Region
Date: January 23, 2002
IV. FLOW CHART
1.
NFA Grievance Machinery - C.O.
2.
NFA Grievance Machinery - F.O.
Top Page
EXHIBITS
NFA Grievance Machinery - F.O.
NFA Grievance Machinery - C.O.
Exhibit "A" - Grievance Form
Certificate of Final Action on the Grievance - Exhibit C
Facts Sheet - Exhibit D
GRIEVANCE AGREEMENT FORM - EXHIBIT "B