Grievance Machinery

April 29, 1993 REVENUEMEMORANDUM ORDER NO. 32-93 SUBJECT : Grievance Machinery TO : All Revenue Officials and Employees Pursuant to Section 35 of P.D. 807, Rule III of Civil Service Rules, as amended by CSC Memorandum Circular No. 45, s. 1989, and Rule XII, Book V of Executive Order No. 292, this Grievance Machinery is hereby established for the guidance of all revenue officials and employees. RATIONALE The Bureau of Internal Revenue, in its desire to create an atmosphere conducive to good and harmonious supervisor-subordinate relations and the improvement of employee morale, promulgates these rules and regulations governing expeditious, fair, and equitable adjustment of employee complaints and grievances. cdt OBJECTIVES The guidelines are intended to help promote peace, harmony, and productivity through a better employee-management relations. Specifically, these guidelines should help the BIR to: 1. Prevent discontentment and disenchantment between and among employees and officials; 2. Establish an orderly method for handling disputes or reactivate the existing Grievance Committee created under RMO No. 5-90; 3. Settle disputes at the lowest possible level of the organization; 4. Allow the parties to appeal from the results of the grievance negotiation step by step until a final, binding, and executory decision is reached. DEFINITION OF TERMS The terms used in the guidelines are operationally defined as follows: 1. Complaint - means an employee's expressed (written or spoken) feelings of dissatisfaction with some aspects of his working conditions, relationships or status which are outside his control. 2. Grievance - refers to a complaint in writing which has, in the first instance and in the employee's opinion, been ignored, overridden or dropped without due consideration. 3. Grievance Procedure - refers to the method of determining and finding the best way to remedy the specific cause or causes of the complaint or grievance. 4. Modes of Settling Disputes 4.1 Conciliation - process whereby a third party (conciliator) brings the parties together, encourages them to discuss their differences and assists them in developing their own proposed solutions. 4.2 Mediation - process whereby a third party (mediator) is more active in assisting the parties reach acceptable solutions to the problems and help the disputing parties develop or come out with an acceptable solution. He can even submit his own proposals for the settlement of disputes. aisa dc 4.3 Arbitration - process whereby a third party (individual arbitrator, aboard of arbitrators or an arbitration court not acting legally) is empowered to make a decision which disposes of the dispute. SCOPE OF GRIEVANCE MECHANISM Complaints and grievances may exist between and among individual employees, between employee and supervisor, and between employee and management. Provided however , it shall not apply to cases of dissatisfaction with official actions taken by the management or in disciplinary cases. Complaints and grievances may refer to any of the following: 1. Non-economic issues 1.1 Policies, practices and procedures which affect employees from recruitment to promotion, detail, transfer, retirement, termination, lay-offs, etc. 1.2 Physical working conditions. 1.3 Interpersonal and interorganizational linkages and relationships. 1.4 Arbitrary exercise of discretion and/or management prerogatives. 2. Policies, practices, and procedures on economic issues such as financial and other terms and conditions of employment as fixed by law. 3. Issues between the management and the CSC registered employee associations (PURE and PAREX) 3.1 Economic issues and other economic packages fixed by law. 3.2 Political issues a. Recognition and coverage of negotiating unit b. Association security and check off c. Violation of provisions and/or policies on self-organization. 3.3 Violation of voluntary agreements reached between the association and management. acd 4. Any and all matters giving rise to employee dissatisfaction BASIC POLICIES 1. Employees shall have the right to present their complaints and/or grievances to the management and have them settled as expeditiously as possible in the best interest of the employee concerned, the revenue service, and the government as a whole. 2. Complaints and grievances shall not apply to cases of dissatisfaction with official actions taken by the management of the Bureau or in disciplinary cases. 3. An employee without resorting to formal grievance procedures, may discuss informally any problem relating to conditions of employment with supervisors. 4. In presenting a complaint or grievance, the employee shall be assured freedom from coercion, discrimination, or reprisal and of speedy and impartial settlement of such complaint or grievance. 5. Complaints and/or grievance shall be considered not only in relation to its alleged object but also in relation to the personal situation of the complainant. 6. Complaints and/or grievance shall be resolved at the lowest possible level in the bureau. 7. Grievance proceedings shall not be bound by formal legal rules and technicalities. 8. An employee shall have the right to appeal decisions on grievances to competent authorities. COMPOSITION OF THE GRIEVANCE COMMITTEE A. National Office 1. Deputy Commissioner for Administrative or his representative to act as Chairman acd 2. Two (2) Assistant Commissioners (Administrative and Inspection Services) 3. The Chief, Personnel Division 4. Two (2) rank and file employees chosen at large 5. An Alternate for higher supervisor and employee in case the complaint concerns any of the members of the Committee. 6. Two (2) association members chosen from among themselves to sit in the Committee only for grievance existing between the management and the recognized association B. Regional Office 1. Assistant Regional Director to act as Chairman 2. Two (2) higher supervisors (Branch Chief and Revenue District Officer) 3. The Chief, Administrative Branch 4. Two (2) rank and file employees chosen at large 5. An alternate for higher supervisor and employee in case the complaint concerns any of the members of the Committee 6. Two (2) association members chosen from among themselves to sit in the Committee only for grievance existing between the management and the recognized association. GRIEVANCE PROCEDURES The procedures for asking redress for complaints and grievances shall be as follows: A. Oral Discussion A complainant shall present orally his complaints to his immediate supervisor who shall within three (3) days from the date of presentation inform the employee orally of the decision. B. Grievance in Writing 1. If the employee is not satisfied with the oral decision, he may submit his grievance in writing within five (5) working days from the date of the oral decision of his immediate supervisor to the next higher supervisor. The written complaint shall pass thru the immediate supervisor who shall forward the grievance with his comments within five (5) working days to the next higher supervisor, who shall within five (5) working days from receipt thereof inform the employee in writing, thru the immediate supervisor, of the decision. PROVIDED HOWEVER , that where the object of the complaint is the immediate supervisor, the complainant may bring the grievance to the next higher supervisor who shall take proper action within five (5) working days from receipt of the complaint. 2. If the complainant is not satisfied with the decision of the higher supervisor, he may appeal his grievance to the Grievance Committee within five (5) working days from receipt of the decision, thru the higher supervisor. After making his comments, the higher supervisor shall forward the complaint within five (5) working days to the Grievance Committee, who shall within ten (10) working days from receipt of the complaint, conduct an investigation and hearing. The Grievance Committee shall furnish the complainant with a copy of its decision within five (5) working days after the investigation and hearing, thru the higher supervisor and immediate supervisor. PROVIDED HOWEVER , that where the object of the complainant is the higher supervisor, the complainant may bring his case directly to the Grievance Committee. 3. If the complainant is not satisfied with the decision of the Grievance Committee, he may elevate his grievance thru the Committee to BIR top management within five (5) working days from receipt of the decision. The top management shall make the decision within ten (10) working days after the receipt of the complaint. PROVIDED HOWEVER , that where the object of the complaint is the top management, the complainant may bring his grievance directly to the Civil Service Commission. 4. If the complainant is not satisfied with the decision of the top management, he may appeal or elevate his grievance to the Civil Service Commission. The CSC shall, if necessary conduct an investigation and hearing and render a decision within fifteen (15) working days from receipt of the grievance. 5. The aggrieved party may file a petition for reconsideration with the CSC if he is not satisfied with its decision, within five (5) working days from receipt of the decision. Such petition shall be resolved within five (5) working days from receipt thereof. 6. The Commission's decision is final, binding, and executory unless appeal from said decision is brought to the proper courts. 7. For a member of a recognized association who would like to present grievances through the body, he must submit his grievance in writing thru the association president or his authorized representative. Any and all subsequent actions of the member-employee, immediate supervisor, higher supervisor, Grievance Committee, Top Management, and Civil Service Commission shall pass thru the association president or his authorized representative. aisa dc If there is a deadlock, either or both parties may appeal to the Public Sector Labor Management Council (PSLMC) thru the Office for Personal Relations which in turn shall submit to the PSLMC its comments within five (5) working days after receipt of the complaint. The PSLMC shall render its decision within thirty (30) working days thereafter. The decision of the Council shall be final, binding, and executory unless appeal is brought to the proper courts. 8. The complainant shall fill up the grievance form which shall provide the following information: a) Name of the Complainant b) Position title c) Designation d) Present Section/Division of Assignment e) Immediate Supervisor f) Present Department/Unit of Assignment g) Higher Supervisor h) Nature of Grievance i) Settlement desired j) Signature of Employee k) Date of filing from the lowest level in the Bureau DECISION IMPLEMENTATION Unless appealed, the decision of the concerned authorities shall take effect immediately and/or upon receipt of the decision of all parties involved. cd RESPONSIBILITIES All records involving complaints and grievances shall be kept by the Personnel Division of this Bureau and by the Record Officer of the recognized association. EFFECTIVITY CLAUSE The grievance machinery shall be made effective upon approval of the Civil Service Commission. (Sgd.) VICTOR A. DEOFERIO, JR. Deputy Commissioner (Officer-in-Charge)