Republic of the Philippines

aVILSERVia COMMISSION

NATIONALCAPITAL REGION

March 3. 2021

UNDERSECRETARY GERALD Q. BANTAG

Director General
Bureau of Corrections
NBP Reservation, Muntinlupa City

Dear Undersecretary Bantag:

Thank you for resubmitting to this Office the proposed Grievance Machinery
(GM) of the Bureau of Corrections (BUCOR).

An evaluation of the BUCOR GM shows its compliance with CSC

Memorandum Circular No. 2, s. 20011. Hence, the same is hereby
APPROVED.

We look forward to the successful implementation of the BUCOR Grievance

Machinery.

Very truly yours.

JUDITH A. ALLO-CHICANO
Director IV

cc; Director II Margarita G. Reyes

CSCFO-DOST

' Revised Policies on the Settlement of Grievances in the Public Sector dated Jan. 26,20C1
Bawat Kawani, Lingkod Bayani
#25 Kaliraya Street, 1113 Quezon City * 740-8412 *740-8459*740-8452 Fax: 781-4097 m [email protected] www.c5c.gov.ph
 Republic of the Philippines
DEPARTMENT OF JUSTICE
BUREAU OF CORRECTIONS
N8P Reservatjon Munttnlupa City, Philippines, 1776
Telefax. +632-809-80-73

GRIEVANCE MACHINERY

Pursuant to CSC Memorandum Circular No. 24. s. 2016 dated 24 October 2016 and
CSC Resolution No. 1601209. dated 21 October 2016 which adopted the Program to
Institutionalize Meritocracy and Excellence in Human Resource Management (PRIME’
HRM). the Bureau of Corrections Grievance Machinery is hereby amended for the guidance
of all concerned.

I. BASIC POLICIES

1. A grievance shall be resolved expeditiously at al! times at the lowest level

possible in the BuCor. However, if the grievance is not settled at the lowest level
possible, an aggneved party shall present his/her grievance through the
approphate channels or levels of the BuCor hierarchy.

2. The aggrieved party shall be assured freedom from coercion, discrimination,

reprisal and biased action on the grievance.

3. The Director General, BuCor shall ensure equal opportunity for ail employees to
be represented in the Grievance Committee There shall be no discrimination in
the appointment of members on account of gender identity, sexual orientation,
disabilities, religion and/or indigenous group membership.

4. Gnevance proceedings shall not be bound by legal rules and technicalities.

Even verbal grievance aired before a responsible officer must be acted upon
expeditiously. The services of a legal counsel shall not be allowed.

5. A gnevance shall be presented verbally or in writing in the first instance by the

aggrieved party to his/her immediate supervisor.

6 If the party being complained of is the immediate supervisor, the grievance shall
be presented to the next higher supervisor.

7 Supervisors or officials who refuse to take action on a grievance brought to their

attention shall be liable for neglect of duty in accordance v^h existing civil
service law, rules and regulations.

8. A grievance may be elevated to the Civil Service Commission Regional Office

concerned only upon submission of a Certification on the Final Action on the
Grievance (CFAG) issued by the Grievance Committee,

9. The BuCor Grievance Machinery shall be submitted to the Civil Service

Commission Regional Office concerned for approval. Subsequent amendments
Shalt be subject to CSC approval and shall take effect immediately,

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II. OBJECTIVES

The BuCor Grievance Machinery seeks to promote harmony in the workplace

and foster the productivity of each member of the organization. Specifically, it intends
to heip BuCon

1. Create a work atmosphere conducive to good supervisor-employee relations and

improved employee morale;

2. Settle grievances at the lowest possible levei in the organization;

3. Prevent discontent and disenchantment between and among the uniformed and
non-uniformed personnel; and

4. Serve as a cataiyst for the development of capabilities of personnel on conflict

management and dispute settiement, especially among supervisors in the
agency.

■II- SCOPE

The BuCor Grievance Machinery applies to ali uniformed and non-unifonmed

personnel of the Bureau of Corrections.

IV. DEFINITION OF TERMS

Accredited or Recognized Employee Union — an employee union accredited

pursuant to Executive Order No. 180 and its impiementing rules and regulations.

Bills Aksyon Partner - is the counterpart Action Officer of the Civil Service
Commission under the Mamamayan Muna Program in every agency pursuant to CSC
MC No. 3. s. 1994.

Grievance - a work-related discontentment or dissatisfaction which had been

expressed verbally or in writing and which, in the aggrieved employee's opinion, has
been ignored or dropped without due consideration.

Grievance Machinery - a system or method of determining and finding the best way
to address the specific cause or causes of a grievance.

Public Sector Labor-Management Council (PSLMC) - the Council responsible for

the promulgation, implementation and administration of the guidelines for the exercise
of the right of government employees to organize pursuant to Executive Order No.
180.

V. APPLICATION OF GRIEVANCE MACHINERY

The following instances shall be acted upon through the BuCor Grievance
Machinery:

1. Non-implementation of poficies, 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 such as delay in the

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 processing of overtime pay, unreasonable withholding of salaries and inaction on
application for leave;

2. 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 such as failure to
observe selection process in appointment;

3. Inadequate physical working conditions such as, but not limited to, the lack of
proper ventilation in the workplace, and insufficient facilities and equipment
necessary for the safety and protection of employees whose nature and place of
work are classified as high risk or hazardous;

4. Poor interpersonal relationships and linkages such as unreasonable refusal to

give official information by one employee to another; and

5. 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 BuCor Grievance
Machinery:

a. Disciplinary cases which shall be resolved under the 2017 Rules on

Administrative Cases in the Civil Service;

b. Sexual harassment cases as provided for in RA 7877; and

c. Union-related issues and concerns.

VI. GRIEVANCE PROCEDURES

The procedures for seeking redress of grievance shall be as follows:

1. Discussion with Immediate Supervisor. At the first instance, a grievance shall

be presented verbally or in writing by the aggrieved party to his/her immediate
supervisor.

The Supervisor shall inform verbally or in writing the aggrieved party of the
corresponding action within three (3) working days from the date of presentation.

Provided, however, that where the object of the grievances is the immediate
supervisor, the aggrieved party may bring the grievance to the next higher
supervisor.

2. Appeal to the Higher Supervisor. If the aggrieved party or the respondent is

not satisfied with the Immediate Supervisor’s decision, he/she may submit the
grievance in writing within five (5) days to the next higher supervisor who shall
render his/her decision within (5) working days from receipt of the grievance.

3. Appeal to the Grievance Committee. The grievance may be elevated to the

Grievance Committee wrthin five (5) working days from the receipt of the
decision if the aggrieved party or the respondent is not satisfied with the said
decision of the Higher Supervisor. The Grievance Committee may conduct an
investigation and hearing within ten (10) working days from receipt of the

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 grievance and render a decision within five (5) working days after the
investigation. Provided, however, that where the object of the grievance is the
Grievance Committee, the aggrieved party may submit the grievance to Top
Management.

Appeal to Top Management If the aggrieved party is not satisfied wHh the
decision of the Grievance Committee, he/ she may elevate his/her grievance
within five (5) working days from receipt of the decision through the Committee to
Top Management who shall make the decision within ten (10) working days after
the receipt of the grievance. Provided, however, that where the object of the
grievance is the Top Management, the aggrieved party may bring his/her
grievance directly to the Civil Sen/ice Commission Regional Office.

Appeal to the Civil Service Commission Regional Office. If the aggrieved

party is not satisfied with the decision of Top Management, he/she may appeal
or elevate his/her grievance to the Civil Service Commission Regional Office
concerned within fifteen (15) working days from receipt of such decision.
Together with the appeal, the aggrieved party shall submit a Certification on the
Final Action on the Grievance (CFAG) which shall contain, among others, the
following information; history and final action taken by the agency on the
grievance. The Civil Service Commission Regional Office shall rule on the
appeal In accordance with existing civil service law, rules and regulations.

VII- COMPOSITION OF THE GRIEVANCE COMMITTEE

Only personnel holding permanent appointments shall be elected or designated

as members of the BuCor Grievance Committee. In the appointment or election of the
Committee members, their integrity, probity, sincerity and credibility shall be
considered. Membership in the Committee shall be considered part of the member’s
regular duties.

The Bureau of Corrections shall establish separate Grievance Committees in its

National Headquarters and Operating Prisons and Penal Farms. The composition is as
follows:

1. National Headquarters

a. The Director, Directorate for Administration which is responsible for Human

Resource Management (HRM) shall act as Chairperson;

b. Two (2) members coming from the Directorial Staff or officers holding
equivalent positions, selected by such officers from among themselves;

c. Two (2) members from the rank and file, as well as their designated
attemates, who sheill be chosen through a general assembly or any other
mode of selection to be conducted for the purpose - one (1) from the first
level and another from the second level. The first level representative shall
participate in the resolution of grievances of first level employees while the
second level representative shall participate in the resolution of grievances
of second level employee. Both shall serve on the Committee for a term of
two (2) years. Provided, that in case a non-uniformed personnel (NUP) is
involve in the grievance, one (1) representative from the NUP shall be
chosen to participate in its resolution;

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 d. The Bills Aksyon Partner (BAP) duly designated; and

e. HRD as secretariat.

2, Operating Prisons and Penal Farms

a. The Chief, Administrative Office shall act as Chairperson;

b. Two (2) members coming from the Division Chiefs, selected by such
officers from among themselves;

c. Two (2) members from the rank and file, as well as their designated
altemates. who shall be chosen through a general assembly or any other
mode of selection to be conducted for the purpose - one (1) from the first
level and another from the second level. The first level representative shall
participate in the resolution of grievances of first level employees while the
second level representative shall participate in the resolution of grievances
of second level employee. Both shall serve on the Committee for a term of
two (2) years. Provid^, that in case a non>unlformed personnel (NUP) is
involve in the grievance, one (1) representative from the NUP shall be
chosen to participate in its resolution;

d. The Bilis Aksyon Partner (BAP) duly designated; and

e. HR unit of the Operating Prisons and Penal Farms as secretariat.

VII. FUNCTIONS AND RESPOWSIBILITIES OF THE GRIEVANCE COMMITTEE

In addition to finding the best way to address specific grievance, the Committee
shall have the following functions and responsibilities:

1. Establish internal procedures and strategies;

2. Develop and implement pro-active measures or activities to prevent grievances,

such as an employee assembly which shall be conducted at least once every
quarter, “talakayan*, counseling and other HRD interventions. Minutes of the
proceedings of these activities shall be documented for audit purposes;

3. Undertake continuing information drive on Grievance Machinery among officials

and employees in collaboration with the Human Resource Division;

4. Conduct dialogue between and among the parties involved;

5. Undertake investigation and hearing(s) within ten (10) working days from receipt
of the grievance and render a decision within five (5) working days after the
investigation.

6. Direct the documentation of the grievance including the preparation and signing
of written agreements reached by the parties involved;

7. Issue Certification on the Final Action on the Grievance (CFAG) which shaP
contain, among other things, the history and final action taken by the Agency on
the grievance; and

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r
8. Submit a quarteriy report of its accomplishments and status of unresolved
grievances to the Civil Service Commission Regional Office concerned.

VIII. GRIEVANCE FORMS

The following forms shall be used:

1. Grievance Form

GRIEVANCE FORM
(Date FHed)

Name of Aggrieved Party Section/Dtvrsion/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

GRIEVANCE AGREEMENT FORM

Name of Parties to a Grievance

Nature of Grievanoe
Stens Towards Settlement
Ayeement/s Reached

We promise to abide by the above-stated agreement

Annrieveri Party Subject of Grievance

Chairman, Grievance Committee

3. Certificate of Final Action on the Grievance

CERTIFICATE OF FINAL ACTION ON THE GRIEVANCE

This certifies that the grievance Ned by______________________________

(Aggrieved Party)
on ____________________ has been acted upon by this Committee on.

Action Taken:

Chairman
Grievance Committee
Date

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IX. EFFECTIVITY

This BuCor Grievance Machinery shall take effect immediately upon approval by
the Civil Service Commission.

X, COMMITMENT

I hereby commit to implement the provisions of the BuCor 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 brought before their
attention.

USEC.GERALgQ. BANTAG
Direcfor General
(Signature over Printed

Date

APPROVED BY:

CSC Regional Director

(Signature over Printed Name)

Date

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