KNOW ALL MEN BY THESES PRESENTS :

This COLLECTIVE NEGOTIATION AGREEMENT is made and entered into by and between :

The DEPARTMENT OF AGRICULTURE (DA), a national line agency with principal office address at Elliptical Road, Diliman, Quezon City, represented in this Agreement by its Secretary, ARTHUR C. YAP, herein referred to as the AGENCY,

The DEPARTMENT OF AGRICULTURE EMPLOYEES' ASSOCIATION, INC., a national federation of DA employees' union with principal office address as DA Bldg., Elliptical Road, Diliman, Quezon City, duly registered with the Department of Labor and employment under Certificate of Registration No. 754 dated March 12, 2001, and accredited by the Civil Service Commission as the sole and exclusive negotiating unit of the rank-and-file employees of the Department of Agriculture, with Certificate of Accreditation No. 237 dated June 27, 2001, represented by its National President, ADONIS A. ZETA, hereinafter referred to as the ASSOCIATION.

WHEREAS, the harmonious relationship between the Agency and the Association must be expressed in practical terms in ensuring a mutually beneficial and protective existence taking into consideration the terms and conditions of employment in the Civil Service;

WHEREAS, the Agency and that Association desire to enter into a Collective Negotiation Agreement for the purpose of establishing, maintaining and regulating, the terms and conditions of employment of the employees of the AGENCY through the proper observance of democratic practices pursuant to Executive Order No. 180 and its Implementing Rules with the view of facilitating peaceful adjustment of differences and grievances that may arise between the parties and to promote harmony, efficiency and productivity to the end that the AGENCY, the ASSOCIATION and the general public may all mutually benefit, and finally to promote and guarantee peace and harmony in the bureaucracy in a spirit of cooperation.

NOW, THEREFORE, for and in consideration of the foregoing premises, the parties hereby agree and bind themselves as follows:

ARTICLE I
DECLARATION OF PRINCIPLES

Section 1. Workers' Rights - The parties recognize the basic rights of all workers to a living wage, security of tenure, career development and humane conditions of work.

Section 2. Authority of the Agency -The Association recognizes and respects the authority of the Agency in the implementation of existing laws governing terms and conditions of employment; establishment of policies, guidelines, rules and regulations on personnel actions; and the provision and maintenance of employee welfare and benefits provided under the law.

Section 3. Independence of the Association - The Agency shall create an environment that guarantees the independence of the Association.

Section 4. Participation of the Association in Policy Formulation. The Association shall participate in the formulation of policies, plans and programs affecting
the rights, career development, welfare and benefits of employees, and on client service improvement.

ARTICLE II
DEFINITION OF TERMS

Section 1. Negotiating Unit - It is the unit composed of rank-and-file personnel employed by the Agency regardless of status of employment whether permanent, temporary, or casual unless excluded by lay. It is understood further that whenever used in this Agreement, the term Agency refers to the Department of Agriculture Office of the Secretary, including all Regional Field Units.

Section 2. Chapter. Refers to the erstwhile Employees' Association of every regional field unit and the Office of the Secretary (OSEC) offices.

Section 3. Membership Fee. Refers to the one-time payment made by qualified employees to their respective Chapters upon admission as members in accordance with its Chapter by-laws.

Section 4. Association Dues, Refers to the regular monthly contributions of members to their Chapter in accordance with its by-laws.

Section 5. Non-Member Dues. Refers to the amount assessed and collected from the employees of the Agency who are not members of any Chapter but who enjoy the benefits under this collective negotiation agreement.

ARTICLE III
RECOGNITION

Section 1. Recognition of Association. The Agency hereby recognizes the Association as the sole and exclusive negotiating representative for all rank-and-file employees of the Agency with respect to terms and conditions of employment not otherwise mandated by law, as well as the working relationship, benefits and privileges that may be agreed upon.

Section 2. Guarantee against discrimination. The Agency shall guarantee that there shall be no discrimination, in any manner or form, against any employee due to membership in the Association.

Section 3. Association Meetings. The individual Chapters shall be allowed to conduct one (1) regular meeting per month, and special meetings not to exceed twice a month as may be deemed necessary for information and educational purposes, during office hours. The Agency shall allow the chapters to use the facilities for such meetings, provided it is not in conflict with the schedules of other respective offices.

Section 4. Association Leave. The Agency shall grant as association leave with pay to selected officials and members of the Association to attend workers' education programs, seminars, meetings, conventions, conferences, leadership training, here and abroad. Expenses in connection with such activities, when held within the country, shall be shouldered by the Agency but limited to only five (5) participants and not more than five times in a year subject to the existence of free unencumbered savings of the Agency as defined in PSLMC Resolution No. 04, s. 2002. On a case-to-case basis, the Agency may give financial support to activities outside the country but limited to three (3) representations in a year. The grant of financial support by the Agency under this provision, however, shall be subject to the existence of free unencumbered savings of the Agency and the provisions of Public Sector Labor-Management Council (PSLMC) Resolution No. 04, s. 2002, and subject further to all applicable laws, rules and regulations. However, it is most desirable that the sponsoring organization or country bears the total expenses.

Section 5. Association Projects. The Agency shall allow the Association to undertake certain projects or activities which the latter deems beneficial to its members. The Association projects and assignments completed by the officers or members mat form part of their performance outputs, as allowed under the Revised Performance Evaluation System.

Section 6. Training Fund. The Agency shall lend support to the Association's desire to uplift the intellectual and social consciousness of its members through symposia, for a, and other related activities. Such activities shall be supported by the Agency through a Training Fund amounting to not less than Two Hundred Fifty Thousand (250,000) per Chapter per year, subject to the availability of free unencumbered savings of the Agency as defined in PSLMC Resolution No. 04 s. 2002. Moreover, the availment of the Training Fund shall be subject to Article IX and XII hereof, as well as all other applicable laws, rules and regulations.

Section 7. Association Office. Subject to availability of space, the Agency shall provide each Chapter of the Association adequate office space with the necessary furniture and fixtures for its usual and regular conduct of official and business activities.

Section 8. Use of Service Vehicles. The Agency shall allow the individual Chapters of the Association to use service vehicles in attending official activities called by any government agency, or duly accredited organization on matters concerning the welfare of the employees subject to availability and existing policies on the use of vehicles.

Section 9. Clearance from the Association. The Agency shall require from employees who will retire, transfer, or resign, clearance from the Association fro property and monetary accountabilities and obligations.

ARTICLE IV
CHECK-OFF

Section 1. Association Dues. The Agency agreed to check-off or payroll-deduct from the salaries of every member the regular monthly Association dues and such other fees and assessments that the Chapter may adopt. In the case of fees and assessments other than the monthly dues, the association shall present proper authorization, either by board Resolution or individual member undertaking, to the Agency allowing the deduction of such fees and assessment.

Section 2. Non-Member Dues. The Agency agreed to check-off or payroll-deduct from the salaries of Agency employees who are non-members of the Association but are benefit by this Agreement even without their authorization. The amount of such agency fee shall be equivalent to 100% of the monetary values of each and every benefit received.

Non-Association members who refuse or fail to pay the Association fee shall not be entitled to receive any benefits that may be granted by virtue of this Agreement, subject to existing rules and regulations applicable on the matter.

Section 3. Remittance. The check-off collections provided under the preceding paragraphs shall to be Association within fifteen (15) days after deduction.

ARTICLE V
SHARED RESPONSIBILITY AND ACCOUNTABILITY

Section 1. Representation of the Association. Pursuant to the principles of shared responsibility and employee empowerment, the Agency recognizes the right of the Association to be represented in meeting whenever matters affecting their working conditions and benefits are to be discussed.

Moreover, the Association shall be represented in the following committees with equal voting power:
a. Promotion and Selection Board;
b. Employee suggestion of Incentive and Awards Committee;
c. Scholarship Committee;
d. Management Committee (MANCOM), on matters concerning Employee' welfare;
e. Public bidding and Wards Committee;
f. Uniform/Clothing Committee;
g. Grievance Committee;
h. Other committees of major importance like Gawad Saka, DA Anniversary, and the like.

Section 2. Teamwork. The Association shall be a partner of the Agency in promoting teamwork and discipline to attain harmony, professionalism, productivity, and efficiency. It shall join all its members to render and perform to the best of their abilities the duties and responsibilities expected of them in accordance with existing laws, rules and regulations.

ARTICLE VI
REORGANIZATION, RECRUITMENT, PROMOTION AND CAREER DEVELOPMENT

Section 1. Reorganization. The Agency shall inform the Association regarding any program of reorganization or internal re-structuring involving the creation, abolition, reclassification, or upgrading of positions.

In case of reorganization, the Agency shall guarantee that no member of the Association of permanent status shall involuntarily lose his/her job, subject to applicable laws, rules and regulations.

Section 2. Promotions. Promotions shall be in accordance with the Agency's Merit Promotion Plan approved by the Civil Service Commission on 09 March 1996, and existing civil service laws, rules, and regulations. Any amendment to the said Merit Promotion Plan shall be jointly agreed upon by the Agency and the Association.

All things being equal, priority shall be given to employees from within the negotiating unit in the filling up of vacancies in the Agency.

Section 3. Career Development. The parties hereby agree on the need to promote professional growth and development in all areas of work, and shall endeavor to establish a career development plan for each employee through the Human Resource Development Division.

The Agency shall inform the Association on all its career development programs and HRD interventions with the view of providing at least one (1) development intervention every year to all Agency employees within the negotiating unit. The equitable distribution of career/employees within development opportunities, particularly training and scholarship grants, both local and foreign, shall be strictly observed.

Section 4. Review, Dissertation, and thesis Writing Leave. The Agency, cognizant of individual initiatives of employees to attain higher academic learning shall allow employees to avail of BAR and Board Review, Dissertation, and Thesis Writing Leave for a maximum of six months with pay.

ARTICLE VII
HEALTH AND SAFETY

Section 1. Safe and Healthy Working Conditions. The Agency shall comply with existing regulations on safety, health, and sanitary working conditions. Among others, the Agency shall provide the following:
a. Adequate janitorial services;
b. Personnel protective equipment and tolls, where necessary;
c. Adequate security and protection for employees and properties while inside Agency premises;
d. Clean and drinking water.

Section 2. Information on Health Benefits. The Association, in coordination with the Agency, shall inform the employees on all health and medical benefits available to them under the GSIS, Philhealth, and such other program. The Agency agrees to assist the employees in their claim for availment thereof in order to ensure that such benefits are enjoyed by the employees.

Section 3. Hazard Pay. The Agency shall provide hazard pay or allowance to employees who are exposed to occupation risk and hazardous working conditions, subject to applicable Civil Service rules and regulations.

Section 4. Medical Check-ups. The Agency and the Association shall work together to ensure the health and well-being of its employees by guaranteeing that all the health benefits under the law are made available to all employees, including regular medical check-up in government hospitals subject to guidelines that may be issued for the purpose. Further, the Agency and the Association shall work together in negotiating for the inclusion of outpatient services in Philhealth insurance coverage, and shall explore ways to augment the medical benefits of its employees.

Section 5. Rehabilitation Leave. The Agency shall strictly adhere to the provisions of Rehabilitation Leave for job-related injuries pursuant to Section 55 of CSC MC No. 41, s. 1998 and implementing guidelines that may be issued for the purpose.

ARTICLE VIII
COST REDUCTION MEASURES AND CAN INCENTIVE

Section 1. The Agency and the Association shall jointly institute cost-cutting measures to generate savings for the grant of CAN Incentive during the affectivity of this Agreement. The same, however, should not prejudice the efficient delivery of service to the Agency's clients or be disadvantageous to the employees

Section 2. Pursuant to Public Sector Labor-Management Council (PSLMC) Resolution No. 4, s. 2002, the grant of CAN Incentive shall be made after the generation of savings. The following measures shall be instituted:
a.) Savings from supplies of each regional field unit/OSEC services;
b.) Energy and water conservation;
c.) Limited subscription of newspapers and other publications; and
d.) Efficient utilization of office equipment and communication facilities including Internet service.

Section 3. Payment of CNA Incentive for the employees of each chapter of the Association shall be based and charged to the respective free and unencumbered savings, as defined in PSLMC Resolution No. 4, s. 2002, of the regional field units and OSEC offices concerned. The parties herein shall work together to generate savings in accordance with Section 1 of this Article and subject further to Section 4 hereof and aim to provide the yearly amount of P 50,000.00, more or less, per employee during the period this Agreement is in effect.

Section 4. The savings generated as a result of cost savings measures specified in Section 2 hereof, shall be apportioned as follows:

a) Fifty percent (50% for CAN Incentive;
b) Thirty percent (30%) for improvement of working conditions and other programs agreed upon in this CAN;
c) Twenty percent (20%) to be reverted to the General Fund for the national government agencies.

ARTICLE IX
OTHER EMPLOYEE PRIVILEGES

Section 1. Recreation Area. The Agency shall endeavor to provide adequate space and facilities within the office premises, which shall serve as area for spiritual, physical fitness, recreation and sports activities for all employees.

Section 2. Employees' Cooperative. The Agency shall ensure full support to the employees' cooperative's business activities. Primarily, the cooperative shall be aimed at improving the economic conditions of its members.

Section 3. Transactions with Government Offices. All employees who have transactions with government offices such as, but not limited to GSIS, PAGIBIG, DFA, NSO, NBI and Ombudsman for clearances related or incidental to employment, shall be considered on official time, subject to the exigency of the service and the usual notification requirements. In addition, the Agency and the Association shall assist and educate the employees on various transactions such as, but not limited to salary loans, housing loans, and retirees on the release of retirement pay from the GSIS, PAGIBIG, and other government agencies.

Section 4. Housing for the Employees. Providing for the well-being of the employees, the Agency shall see to it that its employees enjoy a better quality of life by providing a shelter program in coordination with the concerned government agency, especially the low-salaried employees.

Section 5. The Agency agrees to grant a yearly CAN Incentive to all Association members covered to the provisions of PSLMC Resolution No. s. 2002 and all applicable laws, rules and regulations. The amount shall be paid by the Agency for every year that savings arte generated during the life of this CAN in accordance with the provisions of PSLMC No. 04 s. 2002. Payment of CAN Incentive shall be based and charged to the respective budgets of the regional field units and OSEC.

Section 6. The Agency, in coordination with the Association, shall strictly observe and implement the provisions of the Unified PROGRAM ON AWARDS AND INCENTIVES FOR SERVICE EXCELLENCE [ PRAISE] established by the Agency thru Department Order No. 2, Series of 2001.

ARTICLE X
GRIEVANCE MACHINERY AND DISPUTE RESOLUTION

Section 1. The parties agrees to apply the existing grievance machinery procedure in cases of management-union dispute.

ARTICLE XI
ENTIRETY AND AMENDMENTS CLAUSE

Section 1. Reparability Clause. In the event any provision of this Agreement is declared by competent court of authority, the remaining provision to which such declaration does not pertain shall continue to be valid and in full force and effect.

Section 2. General Condition. Except as may be allowed or exempted by law, all provisions contained in this Agreement shall be subject to the rules and regulations of the Civil Service commission and the Department of Budget and Management.

ARTICLE XII
IMPLEMENTING RULES AND REGULATIONS

The agency and the association shall create a joint committee to be known as the CNA - TWG whose task is to provide the implementing rules and regulations for provisions/agreements that require guidelines in its implementation.

ARTICLE XIII
EFFECTIVITY AND DURATION

This Agreement shall be effective upon signing and shall remain in force and effect for a period of three (3) years. Both parties shall agree to meet not later than sixty (60) calendar days prior to the expiration of this Agreement for the purpose of negotiating a new agreement. Finally, if upon the expiration of this Agreement no new agreement is entered into by and between the parties, this Agreement including amendments thereof, if any, shall continue to be in full force and effect.

ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES )
____________________________ ) S. S.

Before me this _____ day of ____________ 2005 in __________________ Philippines, personally appeared _______________________________________, Secretary, Department of Agriculture, with Community Tax Certificate No._______________________ issued at ____________________________ 0n _________________________________ and _________________________________, President __________________________________________________ with Community Tax Certificate No. ____________________________ at __________________________ on ________________________________________, respectively, known to me to be the same persons who acted as principals in the execution of the foregoing Collective Negotiation Agreement and they acknowledged to me that the same is their free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand this __________ day of _____________________________________ 2005.


______________________________
NOTARY PUBLIC

Doc. No. : _________________
Page No. : _________________
Book No. : _________________
Series of 2005

IN WITNESS WHEREOF, the parties, by their authorized representatives have hereunto signed this Agreement this ________ day ______________________, 2005 in ___________________________, Philippines.

BY :	BY :
ARTHUR C. YAP Secretary	ADONIS A. ZETA National President
SIGNED IN THE PRESENCE OF :
MANAGEMENT NEGOTIATING PANEL	DAEA NEGOTIATING PANEL
U/SEC CESAR M. DRILON Chair	CARLOS U. MAGNAYE Secretary
U/SEC BELINDA Vice-Chair	JOSE ULYSSES J. LUSTRIA Secretary
U/SEC IBARRA T.C. POLIQUIT Member	MANUEL C. GOLES, JR. Assistant Secretary
DIR JULITO M. BRIOLA Member	SUSAN L. DEL ROSARIO Treasurer
DIR OPHELIA P. AGAWIN Member	MA. NELIA R. MADAMBA Assistant Treasurer
	RICHARD P. LEAÑO Auditor
	TEOFILO S. MAJICA PRO

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