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HARAYA CONSULTING CO (Hereinafter Called The "Consultant"), A Private

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THIS AGREEMENT, made this 29th day of March, 2021 by and between

The MUNICIPAL GOVERNMENT OF SOLSONA ILOCOS NORTE (hereinafter


called the“Entity”) with principal address of Municipal Hall, Barangay Laureta, Solsona, Ilocos
Norte and represented by HON. JOSEPH E. DE LARA in his capacity as the Head of the
Procuring Entity and Municipal Mayor

and

HARAYA CONSULTING CO (hereinafter called the “Consultant”), a private


consulting company with principal office address at 54 Pugong Ginto St. Sta Monica,
Novaliches, Quezon City, represented herein by MR. FRANCIS L. QUINTANA, in his capacity
as Managing Partner.

WHEREAS, the Entity is desirous that the Consultant execute CONSULTING


SERVICES FOR THE ESTABLISHMENT OF MUNICIPAL SANITARY LANDFILL-
SECOND POSTING (hereinafter called “the Works”) and the Entity has accepted the bid for
FIVE HUNDRED NINETY SEVEN THOUSAND PESOS (PHP 597,000.00) inclusive of value
added tax by the Consultant for the execution and completion of such Consulting Services and
the remedying of any defects therein.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement, words and expressions


shall have the same meanings as are respectively assigned to them in the
Conditions of Contract hereinafter referred to.

2. The following documents shall be attached, deemed to form, and be read and
construed as part of this Agreement, to wit:

(a) General and Special Conditions of Contract;


(b) Terms of Reference
(c) Request for Expression of Interest;
(d) Instructions to Bidders;
(e) Bid Data Sheet;
(f) Addenda and/or Supplemental/Bid Bulletins, if any;
(g) Bid forms, including all the documents/statements contained in the
Bidder’s bidding envelopes, as annexes, and all other documents/
statements submitted (e.g., bidder’s response to request for clarifications
on the bid), including corrections to the bid, if any, resulting from the
Procuring Entity’s bid evaluation;
(h) Eligibility requirements, documents and/or statements;
(i) Performance Security;
(j) Notice of Award of Contract and the Bidder’s conforme thereto;
(k) Other contract documents that may be required by existing laws and/or the
Entity.

3. In consideration of the payments to be made by the Entity to the Consultant as


hereinafter mentioned, the Consultant hereby covenants with the Entity to execute
and complete the Consulting Services and remedy any defects therein in
conformity with the provisions of this Consultant in all respects.
4. Request for extension of submission of deliverables may be granted upon written
request and approval of the Head of the Procuring Entity with valid justification.
No written request for extension shall be entertained without observing the 7
calendar day notice prior to the agreed timeline of submission.

5. The Procuring Entity shall have the sole ownership of all data and outputs
generated under this Work, however, the consultant may use the said data
provided that a written request to use data and outputs generated is submitted to
the Head of Procuring Entity who shall approve/disapprove the same within 7
working days from receipt of such request.

6. Any modification or amendment to the terms and conditions of the Contract shall
be in force and effect upon execution of a Supplemental Agreement by both
parties which shall form as an integral part of this Contract.

7. In the event of dispute, the parties shall agree to work together to find a prompt
and mutually acceptable solution. In case of failure by the parties to reach
amicable settlement, arbitration based on the provisions of RA 9285 also known
as the Alternative Dispute Resolution Act of 2004 shall govern.

8. The Entity hereby covenants to pay the Consultant in consideration of the


execution and completion of the Consulting Services, the Contract Price or such
other sum as may become payable under the provisions of this Contract at the
times and in the manner prescribed by this Contract.

IN WITNESS whereof the parties thereto have caused this Agreement to be executed the
day and year first before written.

Binding Signature of Procuring Entity

________________________________________________

Binding Signature of Consultant

_____________________________________________
KNOW ALL MEN BY THESE PRESENT:

This Collective Negotiation Agreement (CNA) entered into and executed this ________
by and between:

The ILOCOS SUR POLYTECHNIC STATE COLLEGE (ISPSC), duly created by virtue of
Republic Act 8547, with principal office address at Sta. Maria, Ilocos Sur, represented by its
President, DR. RAFAEL B. QUERUBIN, hereinafter referred to as the “COLLEGE”;

And

The ILOCOS SUR POLYTECHNIC STATE COLLEGE FEDERATED FACULTY UNION


(ISPSC - FFU), a legitimate labor organization comprising the faculty of ISPSC with DOLE-
CSC Certificate of Registration No.1692, dated November 3, 2008, CSC Certificate of
Accreditation No. 723 dated January 14, 2009, represented by its President, DR. WILMA M.
PONCE, with office address at Ilocos Sur Polytechnic State College, Sta. Maria, Ilocos Sur,
hereinafter referred to as the “UNION”;

WITNESSETH:

WHEREAS, the 1987 Philippine Constitution recognizes the right of government workers to
form unions and to engage in collective negotiations, as embodied in the following provisions:

Article II, Sec. 18. The state affirms labor as a primary social economic force; it shall protect the
rights of workers and promote their welfare;

Article III, Sec. 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall not be
abridged;

Article IX-B, Sec. 2(5). The right to self organization shall not be denied to government
employees; and

Article XIII, Sec. 3. The State shall afford full protection to labor, local and overseas, organized
and unorganized, and promote full employment and equality of employment opportunities for all.

The State shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance with
law. They shall be entitled to security of tenure, humane conditions of work, and a living wage.
They shall also participate in policy and decision-making processes affecting their rights and
benefits as may be provided by law.

WHEREAS, Executive Order (EO) No. 180, issued on June 1, 1987, and Civil Service
Commission (CSC) Memorandum Circular (MC) No. 55, series of 1990, provide that the terms
and conditions of employment in the public sector or improvements thereof, except those that are
fixed by law, may be the subject to negotiations between accredited unions and appropriate
government authorities;

WHEREAS, the COLLEGE recognizes the right of employees to self-organization and to


collective negotiations on terms and conditions of employment or improvements thereof as
embodied in CSC MC No. 30, s. 1994;

WHEREAS, the UNION is the sole and exclusive negotiating representative of the faculty of the
COLLEGE;

WHEREAS, the COLLEGE and the UNION seek to promote a working environment that is
conducive to a harmonious relationship between them, enhances employees’ welfare and
productivity, and contributes to effective and efficient public services;
NOW, THEREFORE, for and in consideration of the foregoing and the stipulation hereunder set
forth, the COLLEGE and the UNION agree and bind themselves to the provisions of this
Collective Negotiation Agreement (CNA).

ARTICLE I

DECLARATION OF PRINCIPLES

Section 1. The COLLEGE and the UNION recognize the basic rights of all workers to a living
wage, security of tenure, career development, and humane working conditions.

Section 2. The COLLEGE and the UNION shall observe national policies, as well as policies of
international organizations that the Philippines has ratified, regarding the right of workers to self-
organization, collective negotiations, and peaceful concerted activities, including the right to
strike in accordance with law.

Section 3. The COLLEGE and the UNION believe in the equality among men and women and
eradication of all forms of discrimination, and thus recognize the vital role of collective
negotiations in pursuing their commitment towards a truly gender-responsive institution.

Section 4. The COLLEGE shall not interfere with and be informed about the establishment,
operations, and administration of the UNION and its programs, projects and activities; provided
these are not contrary to law, CSC rules and regulations and policies of the COLLEGE.

Section 5. The COLLEGE recognizes the participation of the UNION in the formulation of
policies, plans and programs affecting the rights, career development, welfare and benefits of the
faculty.

Section 6. The UNION recognizes the authority and prerogative of the COLLEGE to implement
laws and policies governing the terms and conditions of employment, including the efforts of the
COLLEGE to professionalize the civil service.

ARTICLE II

COVERAGE AND SCOPE

Section 1. The parties agree that this CNA covers all rank-and-file faculty members in all ISPSC
campuses, whether UNION member or not, regardless of academic rank, position or designation,
and length of service, either permanent or contractual, who are employed by the COLLEGE.

ARTICLE III

UNION RECOGNITION, REPRESENTATION, RIGHTS,

AND PRIVILEGES

Section 1. The COLLEGE recognizes the UNION as the sole and exclusive representative of the
ISPSC faculty as defined in Article II.

Section 2. The COLLEGE shall not discriminate any member of the faculty due to membership
in the UNION, or any member, officer, and/or duly authorized representative of the UNION, for
acts performed in accordance with law, or pursuant to this CNA.

Section 3. UNION MEETINGS. Upon written request and approval, the COLLEGE shall allow
the UNION to hold the following meetings on official time, not to exceed the frequency, as
indicated below:

a. General Assembly: one (1) session, once a year


b. Special General Assembly: one (1) session, maximum of two (2) sessions a year

c. Regular quarterly meeting: four (4) sessions a year

d. Special meeting of the executive officers: as the need arises

e. Faculty meeting at the campus level: as the need arises

Section 4. OFFICIAL TIME/UNION TIME-OFF PRIVILEGE. The COLLEGE shall allow the
UNION officials, members, and/or its duly authorized representatives to perform and accomplish
on official time their duties and responsibilities as members of the UNION. They shall be
intermittently and temporarily free from their official duties for the purpose of employee
representation, in order to promote and enhance labor-management relations at all times and at
all levels; provided that such union time-off privilege is within reasonable time limits and
frequency not to hinder the delivery of services to their clientele nor prejudicial to the interests of
the COLLEGE; provided further that prior notice of not less than three (3) days before enjoying
said time-off is given to the faculty member’s immediate supervisor; provided finally that
approval of said immediate supervisor in not necessary but just to ensure that said faculty
member seeking time-off has no pending assignment.

Section 5. UNION OFFICE. As a form of assistance and an act of goodwill, the COLLEGE
shall allow the UNION in all its constituent campuses to utilize free of charge any available
office space, furniture, equipment, communication facilities, including but not limited to office
supplies and materials necessary for its operations.

Section 6. GYMNASIUM, AUDITORIUM, CONFERENCE HALLS AND OTHER


FACILITIES. The COLLEGE shall allow the UNION to use the gymnasium, auditorium,
conference hall and other premises including facilities for its meetings and other activities,
subject to their availability; provided that a written request is made at least five (5) working days
prior to such activity.

Section 7. TRANSPORTATION AND ATTENDANCE TO OFFICIAL MEETINGS,


TRAININGS, WORKSHOPS, CONFERENCES, SEMINARS AND OTHER SIMILAR
ACTIVITIES. In accordance with Sec. 4 hereof and upon written request and approval, the
COLLEGE shall allow the UNION the use of service vehicles for its representatives when
attending official functions called by any government agency or any duly accredited organization
on matters concerning the welfare of COLLEGE personnel. Pursuant to CSC and DBM policies
on travel on official business, the COLLEGE shall also provide the usual travelling expenses,
per diems, allowances, registration fees and other fees incidental to travels whenever UNION
members and/or officers are authorized by the COLLEGE President and/or other school officials
to attend official meetings, trainings, workshops, conferences, seminars, and other similar
activities called by any government agency or duly accredited organization on matters governing
the welfare, benefits and professional growth of UNION members; subject to availability of
funds and in accordance with accounting and auditing rules and regulations.

Section 8. BULLETIN BOARDS. The COLLEGE shall allow the UNION

the use of bulletin boards available in strategic areas in every campus for dissemination of
information to UNION officers and members, subject to the conditions of CSC MC No. 33, s.
1994.

Section 9. The COLLEGE, through the Human Resource Management Office (HRMO), shall
inform in writing the UNION regarding the retirement or resignation as well as dismissal,
transfer, or detail of a faculty member, at least, five (5) working days after the filing of notice of
such retirement or resignation, or five (5) working days before the effective date of dismissal,
transfer, or detail of a faculty member.
Section 10. COMMITTEE REPRESENTATION. To promote participative decision-making
and transparency, the COLLEGE shall allow representative/s of the UNION in all the
committees and/or similar bodies of the COLLEGE, including special and ad-hoc committees
that may be subsequently formed or established, as prescribed or specified by CSC policies,
rules, and regulations and other laws, which affect the interest and welfare of the faculty
members as may be agreed upon by the parties at the UNION-MANAGEMENT
CONSULTATIVE BODY (UMCB), such as but not limited to:

a. Personnel Selection Board (PSB);

b. Adjudication/Arbitration Committee

c. Grievance Committee

d. Accreditation Committee

e. PRAISE Committee

f. Curriculum Development and Revision Committee

g. Faculty and Staff Development Committee

h. Finance Committee

i. Instructional Materials Development Committee (IMDC)

j. Performance Evaluation Review Committee (PERC)

k. Sabbatical Leave Award Committee (SLAC)

l. Committee on Decorum and Investigation (CODI)

m. Bids and Awards Committee (BAC)

Pursuant to CSC MC No. 3, s. 2001 as amended by CSC MC No. 4, s. 2005, the function of the
PSB shall be to assist the COLLEGE President in the judicious and objective selection of
candidates for appointment in accordance with the approved Faculty Merit Selection Plan.
Hence, the duties and functions of the PBS shall be assistorial and not recommendatory in
nature.

In the case of the BAC, the UNION representative who has technical expertise relevant to the
procurement at hand shall sit as observer.

Section 11. SOCIO-ECONOMIC PROJECTS. The COLLEGE shall support the UNION in the
latter’s efforts to establish socio-economic projects that will not compete with the existing
projects of the College and that will redound to the benefit of the UNION, its members, and
other employees; provided that these are not contrary to existing laws and regulations including
policies of the COLLEGE. In this regard, the COLLEGE shall allocate a parcel of its
landholdings and other properties including fruit trees and fishponds and allow the UNION the
free use of its structures, facilities, tools, and equipment by way of usufruct for purposes of the
latter venturing in livelihood projects.

Section 12. BILL OF RIGHTS. Whenever a formal complaint is filed against a UNION
member, the following shall be applicable:

a. No member shall be forced to sign a statement of complaint against him/her;

b. If the COLLEGE pursues an investigation based on such complaint, the member shall be
promptly advised of said complaint and be afforded an opportunity to confront the complainant
and any witness that may be presented against him/her, and to submit evidence in his defense.
The respondent shall have the right to be supported by the UNION while the case is under
litigation; and

c. Before any formal decisions are made, the COLLEGE and the UNION shall jointly
review and consider all available data and evidences, whether or not such are offered by the
complainant or defendant.

Section 13. LEGAL ASSISTANCE. The COLLEGE shall provide a legal counsel to assist and
represent a UNION member in any of the following instances; provided the COLLEGE is not the
plaintiff:

a. The member is sued for action taken by him/her in the course of his/her employment and
within the scope of his/her duties and responsibilities; and

b. The member must appear as a witness and/or is subpoenaed to appear in court on matters
arising in the course of his/her employment and within the scope of his/her duties and
responsibilities.

ARTICLE IV

RECRUITMENT, PROMOTION, DISCIPLINE, AND

TERMINATION OF FACULTY

Section 1. The COLLEGE shall strictly adhere to the principles of merit, fitness and equality as
enunciated in the Commission on Higher Education (CHED) and CSC policies, rules and
regulations regarding recruitment, promotion, discipline, and termination of faculty.

Section 2. MERIT PROMOTION PLAN. The COLLEGE shall ensure the implementation of
its existing Board of Trustees (BOT)-approved Merit Promotion Plan for faculty and source out
funds in accordance with CSC MC No. 3, s. 2001.

Section 3. PROMOTION/UPGRADING. The COLLEGE shall strictly adopt the laws, circulars
and other similar orders of the Department of Budget and Management (DBM), CHED, CSC,
Philippine Association of State Universities and Colleges (PASUC), and other agencies
appropriate for promotion/upgrading of closed career positions/ranks of faculty in state
universities and colleges (SUC).

Section 4. NEXT-OF-KIN. The COLLEGE shall give preference to employ the next-of-kin of a
faculty member who is separated from service by retirement, permanent incapacity or death, and
upon written application, to be appointed to any vacant/bottom item plantilla position; provided
that said next-of-kin possesses the competence and civil service qualifications required of the job
and other requirements relative to CSC MC No. 3, s. 2001; provided further that such
employment depends upon the needs of the COLLEGE.

As used herein, next-of-kin refers to the spouse or any of the children provided that only one
next-of-kin will avail of this privilege.

Section 5. ADMINISTRATIVE CASE. The COLLEGE shall take disciplinary action against
faculty members only for just cause and upon observance of the principle of due process. The
COLLEGE shall at all times uphold the principle of a speedy trial.

Section 6. SEVERANCE OF EMPLOYMENT. Except for voluntary resignation, retirement, or


expiration of contract or appointment, employment shall be terminated only for just cause and
after due process.
Section 7. REORGANIZATION OR INTERNAL RESTRUCTURING. Should there be a plan
of reorganization or restructuring, the UNION shall be informed through a dialogue before such
plan is forwarded to the BOT for appropriate action.

Section 8. LIST OF NEW EMPLOYEES. The COLLEGE shall furnish the UNION, upon
proper request and representation, with a list of faculty members who have been issued new
appointments/contracts. Likewise, the COLLEGE shall make available, upon request of the
UNION and approval of the COLLEGE President, a copy of the plantilla of positions of
employees.

ARTICLE V

FACULTY MEMBERS’ EDUCATION PROGRAM

Section 1. The COLLEGE shall provide support to the UNION in the conduct of an annual
training or seminar for faculty for the purpose of enlightening them of their rights, privileges,
obligations, and responsibilities under the law and this CNA, subject to availability of funds.
Attendance in such training or seminar shall be on official time.

Section 2. The COLLEGE shall allow the UNION to conduct on official time an orientation
program for newly appointed or hired faculty members, concerning the UNION’s constitution
and by-laws, programs, projects, activities, benefits, and obligations under this CNA.

Section 3. In accordance with Secs. 4 and 7, Art. III hereof, UNION members shall be allowed
to attend on official business, workers’ programs, seminars, general assemblies, conferences,
conventions, symposia, forums, and other capability-building programs, including leadership
training in trade unionism, workers’ congresses and familiar activities conducted by government
agencies and non-government organizations for public sector unions.

ARTICLE VI

EDUCATIONAL, PROFESSIONAL, SOCIAL AND

SPORTS DEVELOPMENT

Section 1. FACULTY DEVELOPMENT. The COLLEGE shall ensure and promote faculty
development programs which shall include but not limited to fellowships, and attendance in
conferences, conventions, seminars, workshops, trainings and other similar development
programs which the COLLEGE may deem necessary; subject to availability of funds, and in
accordance with accounting and auditing rules and regulations.

Section 2. The COLLEGE shall allocate sufficient budget to ensure that Human Resource
Development (HRD) programs, such as scholarships and trainings are provided to faculty in
accordance with Sec. 1(a.5) of AO No. 103, s. 2004; subject to accounting and auditing rules and
regulations.

Section 3. The COLLEGE and the UNION shall jointly initiate programs that will improve the
technical capabilities of faculty who are doing technical works/tasks.

Section 4. The COLLEGE shall inform the UNION, through the HRMO, of all its career
development programs for faculty. The awarding of training, study, scholarship and other
similar grants, both local and foreign, shall be governed by the conditions and/or requirements
set by the benefactor, if any, and/or policies, rules and regulations that may be formulated by the
Faculty and Staff Development Committee as well as in accordance with Sec. 1(a.5) of AO No.
103, s. 2004.

Section 5. Subject to the provisions of the General Appropriations Act (GAA), the COLLEGE
and the UNION shall jointly implement sports development and recreational programs to
enhance the physical and mental well-being of the faculty. The COLLEGE shall set through an
office circular 4:00 o’clock to 5:00 o’clock in the afternoon every last Friday of the month as
physical fitness time except on occasions when the faculty are required to attend to an official
business, on leave of absence and other justifiable reasons. It shall likewise provide the
necessary physical fitness, sport and/or recreational equipment and facilities for use free of
charge.

Section 6. Subject to the provisions of the GAA, the COLLEGE and the UNION shall jointly
implement annual office outings or excursions, periodic social and team building programs for
faculty social development. The COLLEGE shall source out funds for such programs and
activities, subject to availability of funds.

Section 7. FAMILY DAY CELEBRATION. Subject to the provisions of the GAA, an annual
campus-based Family Day celebration shall be held preferably in the month of December
wherein all faculty members are enjoined to participate together with their families. The
COLLEGE shall source out funds for such activity, subject to availability of funds.

ARTICLE VII

GENDER EQUALITY

Section 1. GENDER SENSITIVITY AND AWARENESS PROGRAMS. The COLLEGE shall


implement gender sensitivity programs for faculty and shall support activities undertaken by the
UNION, in coordination with government and non-government agencies, to promote better
understanding and awareness of gender issues among its members.

Section 2. DAY-CARE CENTER. Pursuant to Sec. 4, EO No. 340, s. 1997, the COLLEGE
agrees to establish day-care centers in its campuses. As soon as funds are available, the
COLLEGE shall operationalize, at least, one (1) day-care facility in its campuses per year.
Hence, the campuses shall be prioritized based on the total number of female faculty members.
The UNION shall be represented in the management committee or similar bodies overseeing the
operation of the day-care facility.

Section 3. INTERNATIONAL WOMEN’S DAY. In accordance with Secs. 4 and 7, Art. III
hereof, the COLLEGE shall allow the faculty to attend, on official time, activities inside or
outside the COLLEGE in celebration of International Women’s Day and other similar activities;
provided that incurred travel expenses shall be shouldered by the participants.

ARTICLE VIII

UNION SECURITY

Section 1. MEMBERSHIP IN THE UNION. All faculty members of the COLLEGE who are
permanent and contractual as of the date of signing of this CNA are qualified for UNION
membership. Subsequent to the signing of this CNA, faculty members occupying plantilla
positions shall likewise be eligible for membership.

Section 2. CHECK-OFF. Upon receipt of a written authorization from the members of the
UNION, the COLLEGE shall instruct the Cashier to deduct the corresponding UNION dues,
assessments, fines, and other deductions from the salaries/wages of its members based on the
terms of payment as approved by the UNION Officers. All deductions shall be remitted to the
UNION treasurer as soon as possible but not later than ten (10) working days after the
deductions are made.

Section 3. ORGANIZATIONAL RELATIONS. The UNION shall be a partner of the


COLLEGE in evolving development programs/projects of the latter on issues and concerns
provided under EO No. 180, s. 1987, and implementing rules and regulations. As partner-in-
development, the UNION shall advocate change for growth, progress and full development of
the COLLEGE and its faculty.
Section 4. The COLLEGE shall require UNION members who will retire, transfer and/or resign
to secure a clearance from the latter for property and monetary accountabilities.

Section 5. The COLLEGE shall ensure that the UNION is free from harassment for programs,
projects and activities undertaken; provided that such programs, projects and activities are not
prejudicial to the smooth operation of the COLLEGE or contrary to law, established rules and
regulations, and policies of the COLLEGE.

ARTICLE IX

HEALTH AND SAFETY

Section 1. SAFETY AND HEALTH REQUIREMENTS. The COLLEGE shall observe and
implement applicable laws, rules and regulations requiring safety, health, and sanitary working
conditions and provide the same to the faculty, such as but not limited to: (a) clean and potable
drinking water; (b) proper air/floor space and office lighting and ventilation; (c) special facilities
for persons with disabilities; and (d) policy requirements for a sexual harassment-free
environment.

Section 2. ANNUAL PHYSICAL, MEDICAL AND DENTAL EXAMINATIONS. The


COLLEGE shall extend free annual physical, medical and dental examinations for all faculty
members as prescribed by law. In this regard, a competent medical and dental staff manning a
well-equipped clinic shall be provided by the COLLEGE.

Section 3. FIRST AID. The COLLEGE shall provide first aid kits in strategic areas where no
medical clinic is located in the premises. For this purpose, teams of faculty members shall be
formed in every campus and trained in first aid administration pursuant to CSC MC No. 33, s.
1997.

ARTICLE X

FACULTY WORKLOAD AND WORK SCHEDULE

Section 1. REGULAR FACULTY. The COLLEGE shall pursue and exert efforts to upgrade
positions of faculty same as those enjoyed by other SUCs.

Section 2. FACULTY WORKLOAD. The regular workload of the faculty shall be eighteen
(18) units per week as prescribed by BOT Res. No. 74, s. 2000 but not less than twenty-five (25)
hours of service per week; fifteen (15) hours of actual classroom teaching and ten (10) hours of
preparation which include among others lesson planning and academic advising as prescribed in
the Faculty Manual (BOT Res. No. 197, s. 2004). The faculty shall be required to keep records
of their attendance using the latest technology available.

Section 3. Regular faculty members rendering official duties in excess of regular workload and
hours of service shall be granted compensatory time-off in lieu of overtime service rendered
without pay, in case where funds are not available, in accordance with the Joint CSC-DBM
Circular No. 2, s. 2002.

Section 4. Faculty members who are required to perform their regular functions on Saturdays,
Sundays or holidays due to exigency of service shall, upon consultation with supervisor
concerned, be granted service credits.

Section 5. FLEXI-TIME SCHEDULE. The COLLEGE shall allow flexible working hours for
faculty so that they can perform their functions of instruction, research, extension, production
and/or administration in accordance with CSC policies, rules and regulations.

Section 6. The COLLEGE and the UNION agree that the provisions and guidelines in the
Faculty Manual shall prevail for all other concerns regarding faculty workload and work
schedule not herein included.
ARTICLE XI

LEAVE PRIVILEGES OF FACULTY

Section 1. MATERNITY/PATERNITY LEAVE. The COLLEGE shall grant sixty (60) days
maternity and seven (7) days paternity leaves to qualified faculty as mandated by law and CSC
policies, rules and regulations.

Section 2. REHABILITATION LEAVE FOR JOB-RELATED INJURIES. The COLLEGE


shall ensure the implementation of rehabilitation leave for work-related injuries in accordance
with Joint CSC-DBM Circular No. 1, s. 2006 and relevant CSC circulars. Absence during any
period of disability in such occasion shall be on full pay, but not to exceed six (6) months, and
shall not be charged against the sick leave or vacation leave of the faculty, if there are any. The
COLLEGE shall also ensure the payment of medical attendance, necessary transportation and
subsistence, and hospital fees of the injured faculty.

Section 3. SPECIAL LEAVE PRIVILEGES. Faculty members who are on vacation-sick leave
status shall be eligible for a maximum of three (3) days special leave privilege per year over and
above the existing leave benefits; provided that such leave are non-cumulative and non-
commutable as follows:

1. Birthday leave;

2. Enrolment leave;

3. Graduation leave;

4. Wedding/anniversary leave;

5. Hospitalization leave (member and immediate family member)

6. Accident leave;

7. Relocation leave;

8. Government transaction leave;

9. Calamity leave;

10. Attendance in Court Hearings;

11. Domestic emergencies; and

12. Bereavement/mourning leave.

Section 4. LEAVE OPTION FOR FACULTY ON TEACHERS’ LEAVE STATUS. Faculty


members under teachers’ leave status can be converted into a vacation-sick leave status, upon
recommendation of the Dean and approval by the SUC President; provided that the faculty
concerned shall have a project/activity along any of his/her functions in instruction, research,
extension, and production; provided further that he/she has to show proof of his/her
accomplishments for every year of enjoying such privilege.

ARTICLE XII

OTHER FACULTY PRIVILEGES

Section 1. HOUSING PROGRAM. The COLLEGE shall ensure the faculty access to housing
programs and benefits through proper and official coordination with appropriate government and
non-government agencies, and other entities; provided the faculty concerned shall pay for the
said housing unit.
Section 2. DORMITORIES. The COLLEGE shall provide faculty dormitories in its campuses
and transient living quarters in Metro-Manila, which shall serve as the extension office of the
COLLEGE, and can be used by the faculty travelling on official time or official business.

Section 3. SHUTTLE SERVICE. The COLLEGE shall provide the faculty adequate shuttle
services whenever practicable and during emergency cases and other justifiable reasons.

Section 4. PROCESSING OF RETIREMENT PAPERS. The COLLEGE shall facilitate the


processing of retirement papers within one (1) month prior to the date of retirement in
accordance with CSC rules and regulations.

ARTICLE XIII

MAGNA CARTA BENEFITS

Section 1. The COLLEGE shall implement laws granting economic and non-economic benefits
to the faculty under the provisions of the Magna Carta for Public School Teachers (RA No.
4670), Public Health Workers (RA No. 7305), and Science, Engineers and Technology Personnel
(RA No. 8419).

ARTICLE XIV

FRINGE BENEFITS

Section 1. The COLLEGE shall prioritize the use of savings in accordance with law, rules and
regulations taking into account the faculty welfare and mandatory economic benefits.

Section 2. INCENTIVE AND AWARDS. The COLLEGE shall implement, strive to enhance,
and provide funds for its BOT-approved ISPSC PRAISE for the benefit of qualified and
deserving faculty in accordance with CSC MC No. 1, 2001.

Section 3. PROFESSIONAL/PERSONAL ENHANCEMENT. The COLLEGE shall provide


support and encourage the professional development of faculty by allocating funds for
Professional/Personal Enhancement Benefit/Pay and other similar enhancement benefits, subject
to availability of funds, and approval, certification or endorsement of the COLLEGE President
and the BOT.

Section 4. MANDATED BENEFITS. In accordance with law, rules and regulations, the grant
of privileges and benefits mentioned in this Agreement including CNA incentives as well as
future privileges, benefits and incentives shall be subject to availability of funds, and approval,
certification or endorsement of the COLLEGE President and the BOT.

Section 5. FACULTY DEPENDENT BENEFITS. Qualified dependents of faculty who are


enrolled in the COLLEGE shall be granted free full tuition and laboratory fees.

Section 6. OTHER BENEFITS. The COLLEGE shall also provide the following, subject to the
availability of funds and existing accounting and auditing rules and regulations:

a. Medical assistance;

b. Anniversary bonus during milestone anniversary of the COLLEGE;

c. Retirement gift (in accordance with CSC MC No. 1, s. 2001); and

d. Welfare fund (relative to Sec. 2, Art. XXIV hereof).

ARTICLE XV

RETIREES’ BENEFITS
Section 1. In accordance with CSC MC No. 1, s. 2001, the COLLEGE agrees to formulate and
implement programs for retiring/retired faculty such as but not limited to:

a. Training for livelihood projects;

b. College Scholarships to one (1) dependent who shall be enrolled in any course of the
COLLEGE;

c. Additional retirement benefits; and

d. Other programs agreed upon for the benefit of the retirees.

ARTICLE XVI

TECHNOLOGICAL CHANGES

Section 1. ANTICIPATION OF TECHNOLOGICAL CHANGES. The COLLEGE and the


UNION recognize the inevitable changes in operations resulting from modern technological
innovations and other circumstances beyond the control of both parties. When this happens, the
COLLEGE shall give first consideration to the utilization of faculty adversely affected by such
change in operations. In the event that UNION members concerned lack the requisite skills or
knowledge and such cannot be acquired within a reasonable length of time, the COLLEGE shall
take appropriate measures to address the situation in accordance with appropriate civil service
laws, rules, and regulations.

ARTICLE XVII

BUDGET AND FUNDS

Section 1. The COLLEGE shall provide the necessary budget and funds sourced out from
savings generated from cost-cutting measures contained in Art. XXIII hereof for the full
implementation of the provisions contained herein, subject to existing accounting and auditing
rules and regulations.

ARTICLE XVIII

FACULTY - MANAGEMENT RELATIONS

Section 1. The parties agree to set up the Grievance Machinery pursuant to CSC MC No. 45, s.
1989 and CSC MC No. 2, s. 2001 to strengthen faculty-management relations and resolve
conflicts at the lowest level possible in the COLLEGE.

ARTICLE XIX

IMPLEMENTING GUIDELINES

Section 1. Within three (3) months from the date of effectivity of this CNA, the COLLEGE and
the UNION shall jointly prepare the necessary guidelines, rules and regulations in the
implementation of the provisions.

ARTICLE XX

IMPLEMENTING AND MONITORING SCHEME

Section 1. UNION - MANAGEMENT CONSULTATIVE BODY. For purposes of maintaining


open lines of communication, consultation and dialogue between the COLLEGE and the
UNION, the UMCB shall be created to be composed of three (3) representatives from each party.

Section 2. The following shall be the functions and responsibilities among others, of the UMCB:
a. Convene once every six (6) months or as the need arises at such place and time as may be
proposed and agreed upon by the parties;

b. Monitor and resolve any controversy arising from the interpretation and enforcement of
this CNA;

c. Prioritize the implementation of the provisions of this CNA upon approval by the parties;

d. Discuss and resolve any policy changes on matters pertaining to or affecting the terms
and conditions of employment;

e. Recommend appropriate courses of action to higher authority; and

f. The UMCB shall formulate its own internal rules and procedures.

ARTICLE XXI

ARBITRATION

Section 1. ARBITRATION COMMITTEE. For the resolution of any issues arising from this
CNA, an Arbitration Committee shall be created to be composed of six (6) members, three (3)
from each party.

Section 2. THIRD PARTY ARBITRATOR. In case of a deadlock in its decision, the


Arbitration Committee shall submit the case to a third party arbitrator in accordance with CSC
MC Nos. 47, s. 1990; and 2, s. 2001 and other applicable laws, rules and regulations.

ARTICLE XXII

UNION-SHARED RESPONSIBILITIES/ACCOUNTABILITIES

Section 1. The UNION shall be a partner of the COLLEGE in promoting teamwork and
discipline to attain harmony, professionalism, productivity, and effectiveness and efficiency.
The UNION shall enjoin the faculty to render and perform to the best of their ability the duties
and responsibilities expected of them in accordance with existing laws, rules and regulations. It
shall assist the administrators and other school officials of the COLLEGE to attain the following
targets:

a. Ninety percent (90%) punctuality;

b. Eighty five percent (85%) daily attendance;

c. More effective and prudent use of physical resources; and

d. Increase productivity.

Section 2. The UNION shall be obliged to marshal its ranks that all its members will wear the
prescribed uniform on the day specified by the COLLEGE subject to exceptions for those who
are on field work, official travel, pregnant women, or other justifiable reasons.

ARTICLE XXIII

COMMITMENT TO COST SAVING MEASURES

Section 1. PLEDGE OF COMMITMENT. The UNION commits to support the COLLEGE in


its austerity measures and systems improvement in achieving its established targets and programs
at a lesser cost. It shall assist the COLLEGE in its objectives to:
1. MINIMIZE TRAVELS AND ATTENDANCE TO TRAININGS, SEMINARS AND
CONFERENCES. Only in extremely necessary cases should faculty be allowed and only one at
a time except if so specified in the communication that more than one shall be required.

2. SYNCHRONIZE OFFICIAL TRIPS TO MAXIMIZE THE USE OF SCHOOL


VEHICLES. Requests for the use of vehicle should all be coursed to concerned personnel for
proper scheduling. Use of private vehicles charging transportation expense is totally
discouraged.

3. ECONOMY IN THE USE OF WATER AND ELECTRICITY. Lights and other


conveniences using electricity and water faucets should be properly closed every after office
hours. The heads of academic units and janitors are held accountable for any misuse. In cases
where computers, electric fans, other amenities are left open at night, the guards on duty can
force open the rooms/offices to prevent the possible occurrence of fire. Playing games in office
computers is strictly prohibited. Violation of this will cause the confiscation of the computer
units in said office.

4. STRICT PRIORITIZATION OF NEEDS. Requisitioning officers should see to it that


the use of the supplies/materials should be properly identified and based on approved estimates.
Even projects should be properly categorized according to needs indicating therein the urgency
in relation to existing programs/projects of the units.

5. ECONOMY IN THE USE OF SUPPLIES AND MATERIALS. Computers should be


strictly used for official business considering the high cost of ink and maintenance materials.
Even the use of coupon bonds and other print materials, number of copies should be limited in
preparing communications following approved standard. Use of standard forms/documents
should also be limited to the needed number of copies. The use of recycled bond paper and other
office supplies and materials is strictly enjoined for internal communications.

6. MAXIMIZE SHARING OF RESOURCES. This is especially true to the use of trust


funds. Units that have considerable trust funds shall share their facilities especially equipment
and if possible even supplies and materials to units that are in dire need. Eventually, all units
with trust funds should handle cost of operations particularly light and water bills, and cost of
maintenance and minor repairs.

7. PATRONIZE COLLEGE RESOURCES/FACILITIES. The faculty is enjoined to


patronize the products and services of all income generating projects of the COLLEGE.

8. STRICT OBSERVANCE OF PUNCTUALITY AND OFFICIAL TIME. Concerned


school officials should police their own ranks.

9. STRICT IMPLEMENTATION OF APPROVED FACULTY LOADING FOR


REGULAR FACULTY MEMBERS. While deloading is widely practised for those given
administrative functions, this must be based from existing COLLEGE policies. For the
scheduling of classes, all regular faculty should be given appropriate load first before considering
the services of contractual instructors.

10. Adherence to the bayanihan spirit in performing extra work for the welfare of the
COLLEGE especially in the maintenance of cleanliness and sanitation in the campus.

ARTICLE XXIV

RATIFICATION INCENTIVES

Section 1. COLLECTIVE NEGOTIATION AGREEMENT INCENTIVE. Upon ratification of


this CNA, a CNA incentive shall be granted as an act of goodwill to the faculty of the
COLLEGE including other school personnel subject to the provisions of PSLMC Res. Nos. 1, s.
1993 and 4, s. 2002; AO No. 135; and DBM Circ. 2006-1.
Section 2. The thirty percent (30%) of the savings referred to in item 6.1.3 of DBM Circ. 2006-1
shall be released to the UNION as seed capital for its welfare programs relative to Sec. 6(d), Art
XIV hereof.

ARTICLE XXV

MISCELLANEOUS PROVISIONS

Section 1. ENTIRETY CLAUSE. Both parties agree that the terms and provisions herein
contained constitute the entire agreement between the parties on such terms and provisions, and
supersede all previous communications, representations or agreements, either verbal or written,
between the parties with respect to said matters. Both parties agree that negotiations shall not be
reopened on any of the terms and provisions contained in this CNA during the life of the
agreement except by mutual consent or as otherwise provided herein.

Section 2. AMENDMENTS. For purposes of considering specific proposals, amendments,


and/or negotiation for new terms and conditions, the proponent-party shall provide the other
party with a written notice at least sixty (60) days prior to the date of the intended meeting for
the purpose of discussing or considering such proposed amendments.

Section 3. SEPARABILITY/SAVING CLAUSE. If any provision of this CNA is held contrary


to law by a court of competent jurisdiction, said provision or the application thereof will be
deemed invalid, except to the extent permitted by law, but all other provisions or applications
will continue to have force and effect.

The parties will meet not later than fifteen (15) days after said provision is declared invalid for
the purpose of amending or revising the same.

Section 4. Non-diminution Clause. Nothing in this CNA shall be construed to reduce any
existing benefits of any form granted under existing laws, decrees, executive orders, or any
contract agreement or policy between the COLLEGE and the UNION.

ARTICLE XXVI

EFFECTIVITY AND DURATION

Section 1. This CNA shall take effect immediately upon signing by both parties, subject to
confirmation by the BOT and shall remain in force and effect for a period of three (3) years
counted from the date of signing. In the event no renewal agreement is entered into upon its
expiration, this CNA shall remain in full force and effect for a reasonable period until a new
CNA shall have been concluded and executed.

The COLLEGE and the UNION agree to review and renegotiate after six (6) months from its
signing and should certain improvements on the terms be found appropriate and beneficial to
both parties, corresponding amendments shall be introduced and shall form part of this CNA.

Section 2. RENEGOTIATION. Both parties agree to meet not later than sixty (60) calendar
days prior to the expiration of this CNA for the purpose of negotiating a new agreement.

Section 3. During the effectivity of this CNA, the UNION shall promote peace and harmony
within its ranks. It shall cooperate with the COLLEGE in the implementation of directives from
proper authorities in line with existing political, economic and social conditions of the country.

Section 4. PRINTING AND DISTRIBUTION. The COLLEGE and the UNION shall be jointly
responsible for the printing and distribution of this CNA not later than two (2) weeks from its
signing. This shall also apply to the rules and regulations implementing this CNA.
IN WITNESS WHEREOF, the parties, through their authorized representatives have hereunto
signed this Agreement this 16th day of September, 2009, at ISPSC, Sta. Maria, Ilocos Sur,
Philippines.

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