Establishing Grievance Committees and Adopting Grievance Procedures for Non-Uniformed Personnel

December 2, 2016

PNP MEMORANDUM CIRCULAR NO. 077-16

ESTABLISHING GRIEVANCE COMMITTEES AND ADOPTING GRIEVANCE PROCEDURES FOR NON-UNIFORMED PERSONNEL

1. REFERENCES: AaCTcI

a. Civil Service Commission (CSC) Memorandum Circular No. 02, series of 2001; and

b. Section 91, RA No. 6975 in conjunction with Rule XII, Omnibus Rules Implementing Book V of EO No. 292, s. 1987, and Other Pertinent Civil Service Laws.

2. RATIONALE:

In consonance with CSC Memorandum Circular No. 02, series of 2001, the PNP shall establish Grievance Committees and adopt Grievance Procedures for Non-Uniformed Personnel (NUP).

3. PURPOSE:

To institutionalize a grievance machinery for the PNP NUP in the National Headquarters (NHQ),Directorates, Police Regional Offices (PROs),and National Support Units (NSUs) and to provide the procedures to strengthen the PNP as an organization and ensure its efficiency and effectiveness in the performance of its mission and functions. It aims to create a work atmosphere harmonious to supervisor-employee relations and improve the morale of the employees.

4. DEFINITION OF TERMS:

a. Grievance — a complaint, discontent or dissatisfaction with regard to the terms and conditions of employment which are not provided for by law that had been expressed verbally or in writing and which has been ignored or dropped without due consideration.

b. Grievance Procedure — a system or method of determining and finding the best way to address the specific cause or causes of grievances.

c. Grievance Committee (GC) — refers to the committee constituted pursuant to this MC in the NHQ, the different Directorates, PROs, and NSUs authorized to conduct hearing and deliberation of the grievances of NUP in the first instance. The GC is recommendatory in nature, its findings and resolution are subject to the approval of the concerned Head of Office.

d. Secretariat — refers to the staff of the Grievance Committee authorized to conduct initial verification of the factual basis of the grievance. The Secretariat is empowered to determine if the grievance is sufficient in form, if indeed, it will be brought to the attention of the concerned GC to convene. EcTCAD

5. GUIDELINES:

The Grievance Machinery and Procedures shall be applied to the grievance complaint of NUP to be resolved pursuant to this MC.

a. ORGANIZATION OF THE GRIEVANCE COMMITTEE

The organization of Grievance Committees in NHQ, Directorates, PROs, and NSUs depends on the Unit/Office assignment of the personnel who raised his/her grievance and the person being complained of/respondent. The designated Chairman is of higher in position/rank to that of the respondent. Special Orders shall be issued to the members of a particular Grievance Committee to include the Secretariat once the grievance complaint is properly referred by the appropriate Head of Office to the Grievance Committee through the Secretariat. Below is the composition of the respective Grievance Committees categorized in NHQ, Directorates, PROs, and NSUs taking into consideration the subject of grievance/respondents involved. The Director/Deputy Director of a particular D-Staff shall appoint his/her Secretariat within the Directorate to preserve secrecy and harmony within the office and to achieve expeditious resolution of the grievance that will be brought to his/her attention. The NUP Grievance Committee shall also be established to cater grievances among and between NUP within a particular Office/Unit.

 

Subject of Grievance/Respondent	Committee to Acquire Jurisdiction	Secretariat
TDCA, TDCO, TCDS	NHQ Grievance Committee (NHQGC) Chairman - CPNP Vice Chairman - C, NUPAD Members - One of the Command Group members; Director, Legal Service; and President of NUP Association	DLOD,
3rd Level-Dir, D-Staff and P-Staff; Dir, NSUs; RD, PROs; and DDs, NCRPO	NHQ Grievance Committee (NHQGC) Chairman - TDCA/TDCO/TCDS Vice Chairman - C, NUPAD Members - One of the D-Staff; Director, Legal Service; and President of NUP Association	DLOD,
3rd Level-Command Group of D-Staff and P-Staff; Division Chiefs, D-Staff and P-Staff; and C, NUPAD of DPRM	Directorate Grievance Committee (DGC) Chairman - Dir, D-Staff; RD, PROs; or Dir, NSUs Vice Chairman - NUP Supervisor Members - One of the Command Group members of the Unit; Legal Service; and Servicing Legal Officer (SLO)	DLOD,
3rd Level-Command Group of PROs; Provincial Directors (PDs);Regional Staff; Division Chiefs; City Directors; Chiefs of Police (COPs),Regional Chiefs of NSUs; Staff of NSUs; and any Non-Uniformed Personnel assigned thereat	Police Regional Office Grievance Committee (PROGC)/National Support Unit GrievanceCommittee (NSUGC) Chairman - DRDA/Deputy Director of NSU Vice Chairman - NUP Supervisor Members - One of the Regional/NSU Staff or Division Chiefs; Regional Legal Service (RLS);SLOs; and President of Regional NUP Association	DLOS/Secretariat to be designated
All 2nd Level-PO1 to PSUPT	DGC/Police Regional Office Grievance Committee (PROGC)/National Support Unit Grievance Committee (NSUGC) Chairman - Ex-O of D-Staff; RCDS of PROs; or Chief of Staff, NSUs Vice Chairman - NUP Supervisor Members - Division Chief; One of the Regional Staff; RLS; SLOs; and President of Regional NUP Association	DLOD, DPRM/DLOS/Secretariat to be designated
NUP Supervisors and all NUP in D-Staff and P-Staff	Non-Uniformed Personnel Grievance Committee (NUPGC) Chairman - C, NUPAD; Vice Chairman - President of NUP Association Members - NUP Supervisor of concerned Office/Unit; Vice-President of NUP Association; and 1st Level of Rank and File	NUPAD,
NUP in NSUs	NSU Grievance Committee (NSUGC) Chairman - NUP Supervisor of respective Offices/Units; Vice Chairman - President of NUP Association Members - Vice-President of Regional NUP Association; and 1st Level of Rank and File	Secretariat to be designated

b. JURISDICTION OF GRIEVANCE COMMITTEE

1). The NHQ Grievance Committee (NHQGC) shall: HSAcaE

a). Exercise exclusive and original jurisdiction in cases where a particular grievance is directed against a member of the PNP Command Group; Director of D-Staff and P-Staff; RDs, PROs; D, NSUs; and District Directors, NCRPO. The recommendation of the NHQGC is subject to the approval of the Chief, PNP; and

b). Exercise appellate jurisdiction over grievances resolved by any of the Directorate Grievance Committee (DGC),PRO Grievance Committee (PROGC),NUPGC, and NSU Grievance Committee (NSUGC).The Resolution of the NHQGC is subject to the approval of the Chief, PNP.

2). The Directorate Grievance Committee (DGC) shall have original and exclusive jurisdiction over grievances against a member of the Command Group of D-Staff and P-Staff; Division Chiefs of D-Staff and P-Staff; and C, NUPAD of DPRM. The recommendation of the DGC is subject to the approval of the Director of the Directorate involved. The personnel concerned, if not satisfied with the decision, could elevate the matter on appeal with the NHQGC;

3). The NUP Grievance Committee (NUPGC) shall have original and exclusive jurisdiction over grievances against NUP Supervisors and all NUP in D-Staff and P-Staff. The recommendation of the NUPGC is subject to the approval of the Director of the Directorate/Head of P-Staff concerned where the aggrieved party is assigned. If not satisfied with the decision could elevate the matter on appeal with the NHQGC;

4). The Police Regional Office Grievance Committee (PROGC) shall have original and exclusive jurisdiction over grievances against a member of the Command Group of PROs; Provincial Directors (PDs);Regional Staff; Division Chiefs; City Directors; Chiefs of Police (COPs),Regional Chiefs of NSUs; Staff of NSUs; and any Non-Uniformed Personnel assigned thereat. Its recommendation is subject to the approval of the Regional Director, PROs. If the NUP concerned is not satisfied with the decision of the RD, he or she may file an appeal with the NHQGC; and

5). The NSU Grievance Committee (NSUGC) shall have original jurisdiction on grievances by any non-uniformed personnel assigned with the NSUs regardless of the actual place of his/her assignment or station. Its recommendation is subject to the approval of the NSU Director. If the NUP concerned is not satisfied with the decision of the NSU Director, he or she may file an appeal with the NHQGC.

c. SCOPE OF GRIEVANCE PROCEEDINGS

1). The following cases shall be resolved through grievance proceedings:

a). Non-implementation of terms and conditions of employment which are NOT provided for by law such as: personnel growth and development; provision for protection and safety, recreational, social, athletic and cultural activities and facilities; and other matters which the non-uniformed personnel, through their association, could negotiate with the PNP; HESIcT

b). Non-implementation of PNP policies, guidelines, and procedures which pertain to personnel action, undue delay in the processing of additional monetary benefits authorized by the President, undue delay in the processing of monetary claims, retirements, and undue delay in the remittances of deductions made from NUP salaries in favor of creditors, who are accredited under the PNP Automatic Salary Deduction Scheme;

c). Poor interpersonal relationships and linkages between uniformed and Non-Uniformed Personnel (NUP) and vice-versa, and other personal barriers that stifle the efficiency and effectiveness of the unit or office as PNP instrumentality in attaining its legislated missions and functions;

d). Disagreement in the Individual Performance Evaluation Rating or the granting of awards during annual anniversary; and

e). All other matters giving rise to employee's dissatisfaction and discontentment which may be subject to grievance outside of those cases enumerated above.

2). The following cases are not subject to grievance proceedings:

a). Disciplinary cases which shall be resolved pursuant to existing laws, rules and regulations dealing with the maintenance of discipline and good behavior;

b). Acts or omissions in violation of existing laws, such as the Revised Penal Code, RA No. 7877, and RA No. 3019; and

c). Complaint on promotion by qualified next in rank shall be resolved by the Appointing Authority.

d. PROCEDURES

1). Any grievance that falls within the jurisdiction of the Grievance Committee (GC) shall first be discussed verbally or submitted in writing by the interested or concerned NUP to his or her immediate supervisor, who shall resolve the grievance within three days from the discussion or from the receipt of his/her complaint. If the aggrieved party is not satisfied with the action or decision of his/her immediate supervisor, he/she may submit the grievance in writing to the concerned GC through its Secretariat within five days from knowledge or receipt of the said action or decision of his/her immediate superior.

a). The interested or concerned NUP and his/her immediate supervisor shall bring the grievance to the attention of the immediate head of office even if the grievance is directed to or against the latter. If the matter could not be resolved or the resolution proposed is not satisfactory to the NUP concerned, the grievance shall be referred to the proper GC through its Secretariat; caITAC

b). If the grievance is directed to or against a member of any GC, the said member shall ipso facto inhibit from sitting in the Committee. Said member, however, shall have the opportunity to reply or elucidate on the merits of the grievance; and

c). No GC shall accept any grievance unless the same has been previously brought to the attention of the head of office concerned and no favorable resolution is reached by the parties.

2). The Secretariat shall conduct the initial verification on the factual basis of the grievance and of the other circumstances that need to be taken into account for its expeditious and equitable resolution, which shall be completed within three days. Letter Orders shall be requested for the activation of the GC. Within two days from the completion of the action of the Secretariat and after thorough evaluation that the grievance is sufficient in form, it will be submitted to the concerned GC for its appropriate action.

3). The aggrieved party and the personnel/respondent against whom the grievance is directed or the one who could contribute in the affirmative resolution thereof shall both appear before the GC.

a). The NUP concerned shall be required to narrate before the Committee the nature of his or her grievance. If necessary, he or she could present papers or documents in support thereof. The extent and scope of the remedy or relief which he or she would want to be undertaken shall also be stated before the Committee;

b). The personnel against whom a grievance is directed or has the authority to provide the remedy or relief sought shall be given the opportunity to reply or elucidate on the propriety of the grievance; and ICHDca

c). The Secretariat shall be also required to state the result of its findings on the factual basis of the grievance and may submit recommendation for its resolution.

4). The Grievance Committee (GC) shall conduct investigation, hearing, and deliberation within 15 days after the presentation of the grievance. The GC shall collectively deliberate and resolve the merits of the grievance not necessarily on its legally but should be favorably resolved to promote the best interest of the police service, preclude any injustice, and advance harmony and efficiency not only among the personnel concerned but of the Office or Unit affected.

5). The resolution of the Grievance Committee must be in writing, signed by all the members and duly attested by the Secretariat. It shall be submitted to the concerned Head of Office for consideration and approval.

6). Appeal.

a). The approved resolution from the concerned GC shall serve as the decision which the interested or concerned NUP, if not satisfied, could elevate on appeal to the NHQGC within five days from receipt of a copy thereof;

b). Appeal beyond the reglementary period shall not be entertained. The appeal, however, and the grounds relied thereon shall be transmitted to the head of office concerned for future plans and consideration;

c). The decision of the Chief, PNP on any grievance brought whether on appeal or as an original case, is final and executory;

d). The Chief, PNP, being the head of the agency, may delegate a Chairman among the PNP Command Group to resolve the grievance appeal brought before the NHQGC.

7). Flowchart — Hereunder is the flow of grievance proceedings.

e. GRIEVANCE FORMS

1). Initiatory Grievance Form (Annex "A").

2). Appeal Form to the NHQ Grievance Committee (Annex "B").

3). Notice Form (Annex "C"). TCAScE

6. RESCISSION:

All PNP rules and regulations dealing with the same subject which are inconsistent herewith are deemed rescinded.

7. EFFECTIVITY:

Upon submission to the CSC and after the filing of a copy hereof with the University of the Philippines Law Center, this MC shall take effect after 15 days in consonance with Sections 3 and 4, Chapter 2, Book VII of Executive Order No. 292, otherwise known as the "Revised Administrative Code of 1987," as amended.

(SGD.) RONALD M. DELA ROSAPolice Director GeneralChief, PNP

ANNEX A

Republic of the Philippines(Committee to Acquire Jurisdiction)(Address)

_____________

The Honorable

Thru: The Secretariat

Sir/Madam: cTDaEH

I, (Rank/Salary Grade & Full Name) of legal age, (married or single as the case may be),presently assigned at (Office/Unit & Address) and designated as (Title/Position),do hereby submit for the attention of this Honorable Committee the following:

(Description or narration of the grievance)

I have already discussed the aforementioned grievance/s with my immediate supervisor/Head of Office in his capacity as (Title/Designation of immediate supervisor/Head of Office) on (Date/Time/Place of the meeting).However, up to this date I am still not satisfied and felt aggrieved.

I am presenting valid documents (if there is any) and testimonies as proof/evidence hereof.

(Brief description/explanation of the documents presented)

I attest that I was not forced by anyone or meditated by ill-motives in bringing this grievance.

To the best of my knowledge, I have not brought such grievance or proceeding to any other Committee or forum.

In view thereof, it is respectfully prayed that the Honorable Committee shall render a just and equitable resolution by ordering that (State the extent and scope of the remedy or relief that could or should be undertaken).

____________________________________

SUBSCRIBED AND SWORN to before me this___ day of _______, 20__ at ________________________________.

__________________________

ANNEX B

Republic of the PhilippinesNHQ GRIEVANCE COMMITTEECamp Crame, Quezon City

___________________

The Honorable

Thru: The Secretariat

Sir/Madam: cSaATC

I, (Rank/Salary Grade & Full Name) of legal age, (married or single as the case may be),presently assigned at (Office/Unit & Address) and designated as (Title/Position),do hereby submit for the attention of this Honorable Committee the following:

(Description or narration of the grievance)

I have already filed this grievance to the _____ Grievance Committee on (Exact Date).After attending the hearings conducted on (State dates and place of the hearings) by the _____ Grievance Committee, they issued a Resolution No. _____ dated ______________. However, I was not satisfied with the result thereof.

I am presenting valid documents (if there is any) and testimonies as proof/evidence hereof.

(Brief description/explanation of the documents presented)

I attest that I was not forced by anyone or meditated by ill-motives in bringing this grievance.

In view thereof, it is respectfully prayed that the Honorable NHQ Grievance Committee shall render a just and equitable resolution by ordering that (State the extent and scope of the remedy or relief that could or should be undertaken).

_____________________________________

SUBSCRIBED AND SWORN to before me this ______ day of _______, 20___ at _______________________________.

_______________________________

ANNEX C

Republic of the Philippines(Committee to Acquire Jurisdiction)(Address)

_____ GRIEVANCE COMMITTEE

TO PRESIDE:Rank/Name of Chairman

TO ATTEND: cHDAIS

Rank/Name of Vice-Chairman

Rank/Name of Members

Rank/Name of Secretariat

REQUESTED TO ATTEND:

Rank/Name of the Aggrieved Party

Rank/Name of Subject of Grievance/Respondent

DATE: ________________

TIME: ________________

PLACE: _______________

AGENDA: In re Grievance of: ________________________________

TASKS:

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Rank/Name/Signature of Chairman