COLLECTIVE BARGAINING AGREEMENT

Known all men by these presents:

This agreement made and entered into in the City of Manila, Philippines, this _______ day of ________ 201__ by and between the –

UNIVERSITY OF THE EAST, an educational institution duly organized and existing under and by virtue of the Philippine laws, with main office at 2219 C. M. Recto Avenue, Manila, represented herein by its Executive Vice President and Chief Administrative Officer, MRS. CARMELA G. MATEO, hereinafter referred to as the UNIVERSITY

-and-

UE FACULTY ASSOCIATION (UEFA), a labor organization duly organized authorized and registered under the Philippine laws, with office address 2nd floor Education Bldg., University of the East, 2219 C. M. Recto Avenue, Manila, represented herein by its President, PROF. ANTONIO ROLAND I. CO PO, hereinafter referred to as the ASSOCIATION or UEFA.

WITNESSETH THAT:

In consideration of the premises and of the respective promises, agreements and covenants of the parties hereto, said parties do hereby mutually agree as follows, to wit:

ARTICLE ICOLLECTIVE BARGAINING UNIT

The UNIVERSITY OF THE EAST recognizes the UNIVERSITY OF THE EAST FACULTY ASSOCIATION (UEFA) as the sole and exclusive bargaining representative of the faculty members of the University of the East with respect to salaries, hours of work, and other terms and conditions of employment as provided for by law except the following:

Chairman & Chief Executive Officer, President and Chief Academic Officer, Executive Vice President and Chief Administrative Officer, Senior Vice Presidents, Chancellors, Vice Presidents, Deans, Heads of Department, University Registrar, Directors, Associate Deans, Assistant Directors, Principals, Secretaries of Colleges, and other employees of the University who are deemed part of management.

ARTICLE IICOVERAGE

All regular full-time/ full-load and regular part-time faculty members are covered by this Agreement.

Faculty members who are probation are likewise covered by certain provisions of this Agreement as are applicable to them.

ARTICLE IIIMAINTENANCE OF MEMBERSHIP

SECTION 1. All members of the faculty who, at the time of the signing of this AGREEMENT, are members of the UE Faculty Association, and those who in the future shall become members in good standing of the UEFA shall maintain their membership in the UEFA in order to keep their position in the University; PROVIDED, however, that the loss of membership in the UEFA shall not be a ground for dismissal from the University except where loss of membership is due to any of the following causes:

1) Voluntary resignation from the UEFA.2) Expulsion from the UEFA due to non- payment of UEFA dues and fees;

3) Forming or joining another legitimate labor organization; and4) Conviction of any crime involving misappropriation of the UEFA funds, and/or infidelity in the custody of its papers, documents and all other properties.

SECTION 2. The University agrees to furnish the UEFA the names of the newly appointed faculty members not later than fifteen (15) days after appointment.

ARTICLE IVCHECK-OFF AUTHORIZATION

The UNIVERSITY, upon receipt of Check-Off lists duly certified by the President and/or Treasurer of the UEFA, shall deduct from the salaries of the faculty who are members of the Union the amount specified in the Check-Off lists, shall remit the same to the UEFA not later than then (10) days after making such deduction.

These lists shall be limited to union dues, mutual benefit dues, other UEFA accounts, agency fees, Christmas party fees, 5% Union service fee, and others as may be authorized in the Labor Code.

ARTICLE VMANAGEMENT PREROGATIVES

SECTION 1. Nothing contained in this Agreement shall be deemed to limit the University in any way in the exercise of its corporate powers and institutional academic freedom as well as in the discharge of its regular and customary functions, including the promulgation in connection therewith, of such rules and regulations relating to the operations that the University had prior to the signing of this Agreement, as retained by the University except as specifically modified by this Agreement.

The University shall have exclusive control over the management of the officers and direction of all personnel of all campuses, departments, branches, or units thereof, through its duly authorized representatives. This includes, but not limited to, the rights to plan, direct, and control office operations and academic activities; to hire, assign, and transfer any faculty member from one assignment to another, or from one campus, department, branch, or unit to another, subject only to the conditions set forth in this Agreement; to promote, discipline, suspend, discharge, or terminate the services of any faculty member from duty subject to the pertinent provisions of this Agreement and in accordance with law; to relieve faculty members from duty due to lack of available teaching assignments brought about by the decline in enrollment or closure of program(s) or course(s) of study by the University provided that conditions of Article VII - Tenure of Faculty, Section 8 are met, or for any cause considered in law as force majeure, subject to performance evaluation and seniority rules in accordance with the law and the provisions of this Agreement; to introduce new or improved methods or facilities; and to change the schedule of work in order to carry out the objectives of the University.

Any action taken by the Administration prejudicial to the faculty member and considered unfair and unjust shall be subject to the grievance machinery, as provided for in the Labor Code.

It is understood that any right, privilege and benefit currently enjoyed by UEFA members – semester-to-semester- as provided for in the Agreement, as well as those enjoyed under the Labor Code and other pertinent laws shall not in any way be impaired, reduced or changed.

SECTION 2. The parties agree that the University may promulgate a Code of Conduct in the form of rules and regulations to serve as guide to faculty members; PROVIDED, however, that academic freedom of the faculty shall not be impaired and there must be consultation with UEFA.

SECTION 3. The UEFA shall have a representative in the appointment, reclassification, or promotion of a faculty member made by the President of the University.

SECTION 4. The qualifications and compensation of faculty members shall be prescribed by the University; PROVIDED, however, that compensation shall not be less than the equivalent salary rates prescribed in this Agreement.

ARTICLE VICLASSIFICATION OF FACULTY MEMBERS

SECTION 1. Faculty members shall be classified into regular full-time/full-load, regular part-time, probationary full-time/full-load, emergency, substitute, semester-to-semester/school year-to-school year, and special lecturer. This classification shall be without prejudice to additional classification as management may deem necessary, in agreement with UEFA.

The following definitions shall govern in this Agreement:

1.1. Regular faculty members are those who have satisfactorily completed the probationary period in accordance with the provisions of Article VII of this Agreement on “Tenure of Faculty” and have been given teaching assignment as full-time/full-load faculty members in the semester immediately following their last semester of probation.

1.2. Probationary faculty members are those undergoing the probationary period in accordance with the provisions of Article VII of this Agreement.

1.3. Full-load faculty members in the College level, except in the College of Dentistry, are those who are assigned twenty-four (24) lecture hours or its equivalent a week and who are compensated on the hourly basis; PROVIDED, however, that in case of lack of subjects to be assigned or similar contingencies, a load of eighteen (18) lecture hours a week or its equivalent shall be considered full-load and shall be compensated according to services actually rendered.

1.3.a. In the College of Dentistry, full-load faculty members are those who are assigned at least twenty-four (24) clock hours per week; PROVIDED, however, that in case of lack of subjects to be assigned or similar contingencies, a load of eighteen (18) clock hours per week shall be considered full-load and shall be compensated according to services actually rendered. Twenty-four (24) clock hours shall be construed as the total of lecture, laboratory and/or clinic assignment.

1.4. Full-load faculty members the College level are those who render a maximum of twenty-four (24) lecture hours or its equivalent of teaching a week during the regular semester and the maximum load allowable under the regulations of the Commission on Higher Education (CHED) during the summer session, and who are compensated on a monthly basis for twelve (12) months; PROVIDED, that they hold no other remunerative employment elsewhere that will conflict with or prejudice their working hours in the University.

1.4.a. Full-time faculty members in the Department of Physical Education are those who render a maximum of twenty-four (24) hours of teaching a week or its equivalent during the regular semester and the maximum load allowable under the regulations of the Commission on Higher Education (CHED) during the summer session, and who are compensated on a monthly basis for twelve (12) months; PROVIDED, that they hold no other remunerative employment elsewhere that will conflict with or prejudice their working hours in the University.

1.4.b. In the Secondary School, full-time faculty members are those who are assigned at least seven (7) periods a day, or their equivalent as provided by the regulations of the Department of Education; PROVIDED, however, that

in case of lack of subjects to be assigned or similar contingencies, a load of five (5) periods a day or its equivalent shall be considered full-time; PROVIDED further, that any period in excess of seven (7) hours shall be paid on a pro-rata basis and that the advisory class shall be considered as one period.

1.4.b.1.Unless otherwise qualified, the term “High School” in this Agreement shall mean and include the Secondary Laboratory School in UE Manila Campus and Secondary School in UE Caloocan Campus.

1.4.c. In the Elementary School, full-time faculty members are those who are assigned one (1) load/class, equivalent at present to a maximum of 6 hours and 20 minutes of teaching without prejudice to future DepEd regulations; PROVIDED, that in case they are required to render necessary teaching- related work beyond their teaching hours, there shall be no overtime pay as long as the total teaching and non- teaching services do not exceed eight (8) hours a day.

1.4.c.1 Unless otherwise qualified, the term “Elementary School” in this Agreement shall mean and include the Elementary School in UE Manila Campus and Elementary School in UE Caloocan Campus.

1.5. Part-time faculty members in the College level are those not falling under full-time/full-load category and whose load shall normally be twelve (12) lecture hours a week or its equivalent, save in exceptional cases arising from the needs of the University, in which case it shall not exceed eighteen (18) lecture hours a week.

1.5.a. In the Elementary School, part-time faculty members are those not falling within the category of full-time faculty members, and shall be limited to maximum of one-half (1/2) load, save in exceptional cases arising from the needs of the University.

1.5.b. In the Secondary School, part-time faculty members are those not falling within the category of full-time faculty members and whose load shall be limited to a maximum of the equivalent of four (4) periods a day, save in exceptional cases arising from the needs of the University.

1.6. Emergency faculty members are those who are appointed to the faculty of the University after one week from official opening of classes to handle classes for which no regular or probationary faculty members are at the time available, for a period not exceeding one semester for the college level and one school year for the elementary and secondary levels; PROVIDED, however, that if the appointees are qualified and capable, and are willing to accept full-time or full-load assignments, they may be extended probationary appointments, at the option of the University.

1.7. Substitute faculty members are those who are appointed after the start of a term to take over the classes of faculty members who are unable to continue or carry on their assigned classes.

1.8. Semester-to-semester (college level) / schoolyear-to-schoolyear (elementary and secondary level) faculty members are those who are appointed on a fixed term contractual basis because they are more than 50 years old at the time of their original appointments or they are holding full-time employment outside the University or they are available only for part-time teaching; and those who have resigned or retired but are rehired by the University upon the recommendation of the Dean/Academic Director, with consent to the UE Faculty Association.

1.9. Special lecturers are those who have been appointed to the teaching staff of the University upon the invitation of the Administration on the basis of their

specialized qualifications and experiences, and those who are urgently needed to handle highly specialized courses required in the curriculum, and whose appointments are on a particular semester only. The hiring of the Special Lecturers shall be subject to the preferential rights of the regular and probationary faculty members as provided for under the title on “Teaching Load” of this Agreement; PROVIDED, however, that if the appointees are qualified and capable, and have expressed their willingness to accept full-time or full-load assignments, they may be extended an appointment in accordance with management prerogatives.

SECTION 2. The regular members of the faculty of the various colleges of the University and the Department of Physical Education shall be categorized as follows:

1. Professor (A, B, C)2. Associate Professor (A, B, C)3. Assistant Professor (A, B, C)4. Instructor (A, B. C)

SECTION 3. The regular faculty members of the Secondary and Elementary Schools shall be categorized as A-1, A-2, B-1, B-2, C-1 and C-2.

ARTICLE VIITENURE OF FACULTY

SECTION 1. The University hereby guarantees security of tenure to faculty members, in accordance with the provisions of law, rules and regulations of the University and of regulatory agencies and this Agreement.

SECTION 2. Probationary full-time/full-load status of faculty members in the college level shall normally be for a period of four (4) semesters, any two (2) of which are consecutive; PROVIDED, that the break in service shall not be more than two (2) semesters or one (1) school year; PROVIDED further, that the period of probation shall be extended to two (2) more semesters if it is established that the faculty shall be able to comply with the DECS-CHED-TESDA-DOLE Order No. 1, Series of 1996 within the extended probationary period. In case a faculty member fails to comply with the requirements within the normal or extended probationary period, as the case may be, the probationary appointment shall automatically expire, as such failure shall be a valid cause thereof. In meritorious cases, the President of the University in the exercise of his prerogative may shorten or further extend the probationary period and shall inform the UEFA accordingly.

Effective upon the signing of this Agreement, a full-load/full-time faculty member who does not comply with the qualifications as required by DECS-CHED-TESDA-DOLE Order No. 1 Series of 1996 shall be extended a probationary full-time/full-load appointment; PROVIDED, that said faculty member must comply with the requirements set forth therein within the said probationary period; PROVIDED further, that during said probationary period, the University may replace the faculty member at the end of the semester in the event that a qualified teacher becomes available.

2.1. Subject to the above provision, all original appointments shall be probationary save those for substitute, semester-to-semester, emergency faculty members, special lecturers, and those who have been appointed by the President of the University in the exercise of his power.

2.2. Any faculty member who has completed his probationary period at the end of the fourth semester and is thereafter given assignment in the semester immediately following the last semester of probation, shall automatically be considered regular in status; PROVIDED, that attainment of regularity in employment status should be in accordance with DECS-CHED-TESDA Order No. 1, Series of 1996 which mandates that – “ x x x teaching or

academic personnel who do not meet the minimum academic qualifications shall not acquire tenure or regular status. The school may terminate their services when a qualified teacher becomes available x x x.” (Section 5 thereof)

2.3. Full-time/full-load faculty member on semester-to-semester status except retirees/ returnees or who were more than 50 years old at the time of hiring or on semester-to-semester status but subsequently converted to probationary status shall be deemed regular in status effective June 1, 2001; PROVIDED, that he has completed at least four semesters of full-time/full-load teaching services, any two of which are consecutive; PROVIDED further, that the break in service shall not be more than two (2) semesters or one (1) school year; PROVIDED further, that he shall have completed his masteral degree or has passed the Bar Examinations or related Licensure Examination.

2.3 In the Secondary and Elementary Schools one (1) school year shall be construed to be the equivalent of two (2) semesters.

2.4. Any faculty member who has satisfactorily completed his probation and has already complied with the requirements of DECS-CHED-TESDA-DOLE Order No. 1, Series of 1996 but is not given any teaching load in the semester immediately following the last semester of probation due to lack of subjects for assignments or force majeure, shall nevertheless acquire regular status.

SECTION 3. From the time a faculty member is appointed regular, he shall enjoy the privileges herein provided and shall have permanent tenure until he retires or resigns or is dismissed for cause. A faculty member who is dismissed for cause shall lose his rights to any and all privileges given by the University, except accrued benefits under this Agreement, computed on pro rata basis.

SECTION 4. Special lecturers and emergency faculty members who are subsequently appointed to regular status but are later reverted to special lecturer or emergency status, for whatever reasons, shall lose all rights and privileges acquired as regular faculty members.

SECTION 5. Part-time faculty members who have expressed willingness to accept full-time/full-load teaching assignments may be allowed to apply for conversion of their status to full-time/full-load appointment; PROVIDED, that should any such faculty member, at any time thereafter, apply for reversion to regular part-time status, he shall thereafter be precluded from availing himself of the privileges herein granted to regular full-time/full-load faculty member; and PROVIDED, further, that the retirement benefits of faculty members, herein referred to, shall be in accordance with the provisions of this Agreement on retirement.

SECTION 6. Services of emergency or substitute faculty members employed to handle the classes of faculty members on maternity, paternity, study, solo parental leave , and other approved leaves, and to handle classes of regular teachers in the Secondary and Elementary Schools undergoing probation as Collegiate faculty, shall be terminated automatically upon the return to duty of the regular incumbents.

SECTION 7. A faculty member may be suspended or his services terminated only for a cause without prejudice to his right of recourse in accordance with law.

SECTION 8. No faculty member shall be relieved from duty due to lack of available teaching assignments brought about by the decline in enrollment or closure of program(s) or course(s) of study by the University or for any cause considered in law as force majeure, unless the following conditions are met, to wit:

a. That all possible means to provide him teaching load have been considered.b. That the cause for the relief shall be verified by the UEFA; and

c. That the relief shall not be considered as break in his service to the University neither shall the same affect his seniority and other rights and benefits.

8.1 The faculty member so relieved shall be immediately returned/ reassigned to his teaching load if the cause(s) of his relief has/ have disappeared, or has/ have been resolved, or the teaching assignments are already available.

SECTION 9. Any regular faculty member who transfers from the Secondary and Elementary Schools to a Collegiate Department shall be required to meet the qualifications thereat and undergo one-year probation; PROVIDED, however, that if a regular faculty member transfers to another college or unit of equivalent level, he shall maintain his regular status and rank.

SECTION 10. A faculty member in the Secondary and Elementary School who has attained regular and permanent status herein, if transferred to a Collegiate Department while undergoing the required probationary period in the latter, shall enjoy and receive the benefits and privileges to which regular faculty members in the said Collegiate Department are entitled, except vacation leave, sabbatical leave, and fellowship. This shall also apply to any faculty member transferred from the Elementary School to Secondary School or College while on probation in the latter School or College.

10.1. In the event that a faculty member who transfers from the Secondary and Elementary School fails to qualify and meet prescribed standards, during or upon completion of his trial period in the higher Department or College, he shall be reinstated and returned to his position and rank in the Secondary or Elementary School from which he came.

10.2. In case the academic department from which he came is abolished, he shall be absorbed in any other academic department where a vacancy exists and for which his qualifications are suitable and he shall enjoy priority over new appointees to such vacancy. In such a case, all privileges acquired by him while on probation in a higher Department or College shall be extinguished except length of service for purposes of retirement.

10.3. During the probationary period in the higher Department or College to which he is transferred, the position or rank which he temporarily vacated shall be left open for him and the services of his substitute therefore shall be terminated upon his return.

ARTICLE VIIITEACHING LOAD

SECTION 1. Regular teaching load is the assignment given to a faculty in accordance with his classification, excluding temporary, emergency and substitute assignments.

SECTION 2. The University shall give the regular full-load faculty members on hourly basis a teaching load of twenty-four (24) lecture hours a week or its equivalent and also give the same teaching load to full-time faculty members on monthly basis. Priority of assignment among faculty members shall be maintained in the following order: regular full-time/full-load; regular part-time; probationary; semester-to-semester; emergency; special lecturers; and all others, with due regard within each category to seniority in the Department.

SECTION 3. Faculty members of the University who taught in Caloocan campus at anytime between June 1, 1977 to March 31, 1987 shall have priority of assignment to teaching loads in both campuses.

SECTION 4. Faculty members of the University who taught in both the Manila and Caloocan campus at anytime between June 1, 1977 to March 31, 1987 shall have priority of assignment to teaching loads in both campuses.

SECTION 5. Full-time faculty members in the College level be assigned twenty-four (24) hours of teaching a week during the regular semester and maximum load allowable under the regulations of the Commission on Higher Education during the summer session and shall be compensated on a monthly basis for twelve (12) months; PROVIDED, that they hold no other remunerative employment elsewhere that will conflict with or prejudice their working hours in the University.

5.1. Full-time faculty members in the College level except in the College of Dentistry shall be assigned twenty-four (24) lecture hours a week or its equivalent and shall be compensated monthly. In case of lack of subjects to be assigned or similar contingencies, a load of eighteen (18) lecture hours a week or its equivalent shall be considered full-load and shall be compensated according to services actually rendered.

5.2. Full-load faculty members of the College of Dentistry shall be assigned twenty-four (24) clock hours per week; PROVIDED, however that in case of lack of subjects to be assigned or similar contingencies, a load of eighteen (18) clock hours per week shall be considered full-time. Twenty-four (24) clock hours shall be construed as the total lecture, laboratory, and/or clinic assignments.

5.3. Regular full-load faculty members shall be given at least 9 units of teaching load (30 lecture hours or its equivalent) during summer term, depending upon the availability of classes.

SECTION 6. Part-time faculty members in the College level, those not falling under full-time/full-load category, shall be given a teaching load of twelve (12) lecture hours a week or its equivalent; PROVIDED, however, that in exceptional cases arising from the needs of the University, they may be given teaching load not exceeding eighteen (18) lecture hours a week.

SECTION 7. In case of shortage of subjects in their respective departments, full-time/full-load faculty members may be assigned to other departments where their qualifications are also suitable in order to supplement the deficiency in their regular load and, in such cases, seniority of service in the department shall be the basis of priority of assignment.

SECTION 8. No faculty member shall carry a combined or total teaching load of more than twenty-four (24) lecture hours or its equivalent per week in one or more units of the University and/or outside the University., except when the exigencies of the service so require and only upon authorization of the Administration.

8.1. In case of excess subjects for proctorship (temporary assignment), regular full-time/full-load faculty members who are available for proctorship shall enjoy priority in the distribution of subjects for proctor; PROVIDED, however, that priority shall be based on competence and seniority.

SECTION 9. For record purposes, the faculty members shall submit to the Dean or Academic Director within ten (10) days after the opening of each semester a signed statement showing the number of hours per week he devotes to teaching in other colleges and universities other than the number of hours per week which he devotes to teaching in the University.

SECTION 10. Full-time faculty members of the Secondary School shall be assigned the equivalent of at least seven (7) periods a day, or their equivalent as provided by the regulations of the Department of Education; PROVIDED, however, that in case of lack of subjects to be assigned or similar contingencies, a load of five (5) periods a day or its equivalent shall be considered full-time; PROVIDED further, that any period in excess of five (5) shall be paid on a pro-rata basis and that the advisory class shall be considered as one period.

10.1. Part-time faculty members of the Secondary School are those not falling within the category of full-time faculty and shall be limited to a maximum of the equivalent of four (4) periods a day except in exceptional cases arising from the needs of the University.

SECTION 11. Full-time faculty members of the Elementary School shall be assigned one (1) load/class equivalent at present to a maximum of 5 hours and 20 minutes of teaching without prejudice to future Dep Ed regulations; Provided, that in case they are required to render necessary teaching- related work beyond their teaching hours, there shall be no overtime pay as long as the total teaching and non- teaching services do not exceed eight (8) hours a day, provided further that the assigned task is not teaching. If the assigned task is teaching, the faculty must be compensated. 11.1. Part-time faculty members of the Elementary School shall be limited to a

maximum of one-half (½) load except in exceptional cases arising from the needs of the University.

SECTION 12. Regular teaching assignments of faculty members during the semester shall be considered permanent teaching load assignments as of the date of preliminary examination; PROVIDED, however, that for summer sessions, the assigned load shall be considered permanent one (1) week from the first scheduled class day, without prejudice to the seniority rule on teaching assignments.

SECTION 13. The priority in the distribution of teaching loads for non-regular faculty members shall be based on competence in accordance with University standards of performance.

SECTION 14. A faculty member who has resigned or retired may be readmitted as a faculty member whenever the need arises upon the recommendation of the Dean/Academic Director, with consent to the UEFA; PROVIDED, that in case of a valid or legitimate reason(s), the UEFA may file a formal objection to the said appointment one week from receipt of notice.

A faculty member who has resigned or retired may be given an assignment on a semester-to-semester basis; PROVIDED, that in case of a compulsorily retired faculty member, he shall submit annually a physician's certificate to the effect that he is fit to teach. His teaching load will depend upon the availability of classes and he stands last in priority for assigning classes.

SECTION 15. Emergency faculty members may be appointed to the faculty of the University to handle classes after one week from official opening of classes only if no qualified regular or probationary faculty member, in this order, can handle the subjects to be assigned at the time; PROVIDED, however, that the appointment shall be for a period not exceeding one (1) semester for the college level and one (1) school year for the secondary and elementary levels and PROVIDED, further, that if the appointees are qualified, capable, and willing to accept full-time/full-load assignments at the option of the University with consent of UEFA.

SECTION 16. Substitute faculty members may be assigned after the start of a term to take over the classes of faculty members who are unable to continue or carry on with their assigned classes for a particular semester/school year.

SECTION 17. Special Lecturers may be appointed to the teaching staff of the University upon invitation of the Administration on the basis of their specialized qualification and experiences, and those who are urgently needed to handle highly specialized courses required in the curriculum. Their appointments shall be for a particular semester only. The hiring of Special Lecturers shall be subject to preferential rights of regular and probationary faculty members as provided for under this Article on Teaching Load; PROVIDED, however, that if the appointees are qualified and capable, and have expressed their willingness to accept full-time/full-load assignments, they may be extended an appointment in accordance with management prerogatives and with the consent of UEFA.

ARTICLE IXBREAK OF SERVICE

SECTION 1. Break of service of the faculty members in college shall mean interruption of service due to approved leave of absence for personal reasons for an aggregate period of more than nine (9) weeks, PROVIDED, however, that at least three (3) weeks of the aggregate period of absence are continuous. 1.1. In the Secondary and Elementary Schools, such aggregate period shall be more than five (5) months in a school year, PROVIDED, however, that at least two (2) months of the aggregate period of absence are continuous.

SECTION 2. Maternity leave, paternity leave, sick leave, study leave, fellowship grant, sabbatical leave, research grant, or any other grants duly approved by the University, shall not constitute a break of service, PROVIDED, however, that the faculty member who was granted said leave, shall, upon return, submit credentials or proofs required by the University.

ARTICLE XRESIGNATION, LEAVE OF ABSENCE, REQUEST

FOR RELIEF OF TEACHING ASSIGNMENT SECTION 1. No faculty member shall resign, go on leave of absence without pay, or relinquish part or all of his permanent teaching assignments during a term without prior approval of the Administration.

1.1. Written notice such as resignation, leave of absence without pay or relief of part or all of permanent teaching assignment shall be submitted to the Dean/Academic Director concerned by the faculty member at least fifteen (15) days before the same shall take effect; PROVIDED, that in cases of emergency and similar exigencies, the fifteen (15) day notice requirement may be waive. No approval shall be issued until the faculty member concerned has secured clearance for money and property accountability in the University.

ARTICLE XICOMPENSATION

SECTION 1. The University undertakes to pay the faculty member fifty-four (54) lecture hours for every three-unit subject or its equivalent, of his teaching load assignment per semester or summer term, whether or not such teaching load assignment is regular or temporary.

1.1. For every extension of classes beyond the normal fifty-four (54) lecture hours for every three-unit subject, or its equivalent, of their teaching load assignment per semester or summer term, faculty members shall be compensated for the lecture, laboratory, and clinic services accordingly.

SECTION 2. All full-time regular faculty members who are paid on a twelve (12) month basis shall receive an additional compensation if they have teaching assignments during summer; PROVIDED, however , that the additional compensation shall be based on their actual teaching load for the summer.

SECTION 3. The University undertakes to pay the ten (10) months compensation for any school term for temporary assignment of faculty members compensated on a monthly basis, including those in the Elementary School and Secondary School.

SECTION 4. In case of any change in the school calendar during the period covered in this Agreement, which may result in shortening or lengthening of the period of summer vacation, regular faculty members of the Secondary and Elementary Schools shall be paid

the amount equivalent of two (2) months vacation pay computed in accordance with section 4 hereof.

SECTION 5. All faculty members of the University shall be paid twice a month, i.e., on the 14th and the last day before the last working day of the month, through Automated Tellering Machine (ATM).

5.1. When such payroll dates fall on non-banking days, faculty members shall be paid on the last regular banking day before the payroll date.

5.2. When the first month of the semester/summer term starts on or after the 10 th day of the month and/or when the last month of the semester/summer term ends on or before the 20th of the month, the faculty members shall be paid only once.

5.3. The faculty members shall be paid only once every December, regardless of the number of teaching days in the said month.

5.4. The faculty payroll for the first half of February shall fall on the same payroll date as that of the employees.

SECTION 6. Faculty members in the College level rendering service as advisers during the registration periods shall receive honorarium at the rate of seventy five pesos (P75.00) per hour of actual service.

SECTION 7. The laboratory rate per hour of the faculty members of the College of Arts and Sciences, Computer Studies & Systems, Dentistry, Engineering, and Fine Arts who are handling laboratory subjects shall be ninety-five percent (95%) of their lecture rate.

SECTION 8. The clinic rate per hour of the faculty members of the College of Dentistry shall be equal to their lecture rate.

SECTION 9. The critic work pay of the faculty members of the Elementary Laboratory School at the Manila Campus shall be three hundred seventy five pesos (P375.00) per load per month. The faculty-student ratio shall be 1 to 7.

SECTION 10. The critic work pay of the faculty members of the Secondary Laboratory School at the Manila Campus shall be three hundred pesos (P300.00) per period per month. The faculty-student ratio shall be 1 to 7.

SECTION 11. The advisory class in the Secondary School shall be considered one (1) period.

SECTION 12. The Advisory class in the Elementary School shall be compensated as 25% of their monthly pay.

SECTION 13. An additional compensation of P 10.00/hr. shall be extended to all faculty members who passed the National Licensure/Bar Examinations.

SECTION 14. The Across-the-Board-Salary increases are as follows:

Regular full-load/Regular Part-time/Probationary Semester-to-SemesterSY 2009 -2010 - P50.00/hrSY 2010-2011 - P50.00/hrSY 2011-2012 - P50.00 /hr

b. Regular full-time faculty members:SY 2009-2010 - P5,000.00SY 2010-2011 - P5,000.00SY 2011-2012 - P5,000.00

SECTION 15. Any increase in the salaries or benefits enjoyed by a faculty member shall never be chargeable against any tuition fee increase.

SECTION 16. Beginning 2009 – 2010, faculty members who are handling classes with foreign students shall be entitled to an honorarium of P 1,500/student. The said amount will be paid at the end of the semester for the college level and at the end of the School Year for the Elementary & Secondary School.

SECTION 17. Signing Bonus of P 10,000 to all faculty members.

SECTION 18 Any probationary Instructor who completes the reglementary probationary period and qualifies for regular status in accordance with pertinent provisions of this Agreement shall be adjusted to Instructor C (for hourly-paid faculty) or to C-2 (for monthly-paid faculty)

Physical Education faculty members shall be governed by the rules on full-time faculty members.

Physical Education faculty members who shall render temporary or substitution in excess of their regular full-time load shall be given extra pay to be computed hourly as follows: his existing monthly rate divided by 120 hours a month.

It is understood that no part-time faculty member shall be given a teaching load in excess of twelve (12) hours per week except when the exigencies of the service so require but in no case shall the teaching load exceed eighteen (18) hours per week.

ARTICLE XIICOST OF LIVING ALLOWANCE

SECTION 1. The University shall provide a cost of living allowance as follows:

School Year 2009 – 2010 - P 3,000.00/ monthSchool Year 2010 – 2011 - P 3,000.00/ monthSchool Year 2011 – 2012 - P 3,000.00/ month

SECTION 2. Regular full-load faculty members shall be provided the cost of living allowance for twelve (12) months inclusive of summer term.

SECTION 3. Regular full-time faculty members of the Secondary School and Elementary School and full-time faculty members of the Department of Physical Education and all other regular full-time faculty members who are paid on a twelve-month basis shall be provided the cost of living allowance for twelve (12) months.

SECTION 4. Regular part-time faculty members shall enjoy the cost of living allowance for twelve (12) months inclusive of summer term on pro-rata basis, but not to exceed 50% of Section 1.

SECTION 5. Probationary and semester-to-semester faculty members with teaching loads shall be provided a cost of living allowance equivalent to 50% of Section 1.

SECTION 6. Regular full-load faculty members who are not given any teaching assignments due to non-availability of teaching loads shall be provided a cost of living allowance in accordance with Section 1.

SECTION 7. Regular part-time faculty members who are not given any teaching assignment due to non-availability of teaching loads shall be provided a cost of living allowance on pro-rata basis, but not to exceed 50% of Section 1.

SECTION 8. The cost of living allowance shall not be integrated into the basic salaries of the faculty members. This provision on the cost of living allowance shall be non-negotiable.

ARTICLE XIIILABOR MANAGEMENT COUNCIL

SECTION 1. It is hereby created the Labor Management Council of the University of the East and the University of the East Faculty Association which shall be composed of three(3) representatives from the Management including the President of the University and two (2) members of the Academic Council and three (3)representatives from the UNION including the Union President and two (2) members of the UEFA Executive Board. The labor management council shall meet at least once every two months and shall serve as a venue:

1. To take up matters intended to fully implement the terms and condition of the Collective Bargaining Agreement, including those that may give rise to grievance/s;

2. To receive comments and suggestions regarding company policies, systems, and procedure and improvement thereof,

3. To develop and maintain schemes for increasing productivity, and sharing the benefits derived therefrom;

4. To adopt and implement training programs, and selection for job enrichment and reducing of monitoring of work; and

5. To enable employees to participate in policy and decision making process in the University in so far as said processes will affect the rights, benefits, and welfare of the workers.

ARTICLE XIV

GRIEVANCE MACHINERY

 

SECTION 1.  Guiding Principles in Dispute Settlement: The University of the East and the University of the East Faculty Association hereto agree on the principles that all disputes between labor and management may be settled through negotiations, that the parties have the same interest in the continuity of work until all points in dispute shall have been discussed and settled; that an open conflict in any form involves losses to the parties; and that therefore, every effort shall be exerted to avoid such an open conflict. In furthermore of the foregoing principles, the parties hereto have agreed to establish a procedure for the adjustment of grievance so as to: (1) provide opportunity for discussions of any complaint; and (2) establish procedure for the processing and settlement of grievance.

 

SECTION 2. Definition of Grievance: A Grievance is any Controversy/dispute between the University of the East and the University of the East Faculty Association and/or between the University of the East and any faculty member of the University of the East concerning any ruling, practice, management action, and terms and conditions of work not covered by the Collective Bargaining Agreement, and/or interpretation meaning of any provision of the Collective Bargaining Agreement.

 

SECTION 3.Grievance Procedure: All grievance shall be processed as expeditiously as possible in accordance with the following procedures

           

1)      The College Board Level

 

A grievance made in writing copy furnished the President of the University, should be first brought to the attention of the College Board. There shall be a College Board in each college or unit composed of the Dean/Director/Principal as Chairman, the Department Chairman concerned,

President of the UE Faculty Association or his representative, as members. Where there is no designate member of his faculty on the basis of competency to complete the composition of the Board.

The College Board shall have the following function:

 

a.       To assist the Dean/Director/Principal in the consideration of promotion in rank and/or compensation of faculty members subject to the criteria and range of compensation herein established.

 

b.      To assist the Dean/Director/Principal in the investigation of cases that may be referred to the Board by the University President/Union President/ or any member of the faculty.

 

The College Board shall be convened by the Chairman on his initiative or upon the request of any two (2) members of the Board.

 

            A report of the investigation together with all pertinent documents, and decision shall be made within five(5) working days from receipt thereof. If the decision is not satisfactory, an appeal in accordance with the succeeding paragraph or step (2) hereof shall be made not later than ten (1) working days from the receipt of said decision by the aggrieved party.

 

1.          Top Management Level

 

The President of the University, or the Chairman of the Board or his/her duly authorized representative shall meet with the UE Faculty Association President and two (2) other representatives from both the Management and the Association within five (5) working days from receipt of appealed/submitted grievance. Failing to reach a satisfactory solution at this level, an appeal in accordance with the succeeding paragraph or step 3 hereof shall be made or the Association may resort to any course of action within ten (10) working days from such meeting.

 

2.          Arbitration level

 

The parties shall select the voluntary arbitration within six (6) working days from receipt of intention to arbitrate.

 

a. Selection – the simple voluntary arbitration shall be selected by lottery by the parties from among the six (6) National Conciliation and Mediation Board Certified Arbitrations, three (3) chosen by the Union and the other three (3) by the Management, to mediate and arbitrate grievance which are appealed to the same.

b. Voluntary arbitrator proceedings, including the decision or award of mutually acceptable Arbitrator, shall be governed by the pertinent provisions of the new Labor Code and its Implementing Rules. The same shall apply to the decision of an NLRC itself when acting as such

However, the decisions of an NLRC-designated Arbitrator or the decision of the NLRC itself as Arbitrator shall be appealable and treated in accordance with the pertinent provisions of the New Labor Code and its Implementing Rules.

c. The parties to the arbitration shall share the arbitration costs and expenses at 70% by the University and 30% by the Union.

ARTICLE XVISCHOOL PRIVILEGES AND BENEFITS

SECTION 1. Regular full-time/full-load faculty members who enroll in the University of the East in not more than twelve (12) units a semester and not more than nine (9) units per summer session in any course shall be granted a discount of one hundred percent (100%) of the tuition fees and shall be exempted from payment of all miscellaneous fees. Regular part-time faculty members shall enjoy the same discount and exemption privileges on pro-rata basis.

1.1. The spouse of a regular faculty member shall also be granted similar discounts for not more than nine (9) units a semester.

SECTION 2. In the Secondary School and Elementary School, four (4) children of a regular full-time/full-load faculty member shall be granted one hundred percent (100%) discount on tuition fees and miscellaneous fees except ID fee, graduation fee/diploma fee, maintenance/energy fee, laboratory deposit, DAWN and Student Government fee and other mandatory fees pursuant to law or Dep Ed regulations which may hereinafter be imposed upon the students.

SECTION 3. In the college level, two (2) children of a regular full-time/full-load faculty member shall be granted one hundred percent (100%) discount on tuition fees and miscellaneous fees except ID fee, graduation/diploma fee, special development fee, energy fee, clinical fee, law journal fee, laboratory deposit, infection control fee, DAWN fee and Student Government fee. One (1) additional child shall be granted similar benefit provided the parent-faculty member is not enrolled. Another child shall be entitled to 20% discount on tuition fees and miscellaneous fees except the above-mentioned items. It is understood that they are subject to the enrollment and retention policies of the University.

SECTION 4. In the Graduate School, one child of a regular full-load/full-time faculty member shall be granted 100% discount in tuition fee and other school fees except ID fee, graduation/diploma fee, energy fee, clinical fee, law journal fee, laboratory deposit, infection control fee, DAWN fee and other mandatory fees pursuant to law or CHED regulations which may be imposed upon the students. The same benefit shall be extended to the faculty if she/he opted to enroll in the Graduate School; the same benefit shall be extended to the faculty member if he/she opted to enroll in the Graduate School even if his/her child enrolled therein is enjoying the aforementioned 100% tuition fee discount; the same benefit shall be extended to the faculty member spouse if the faculty member opted not to enroll in the Graduate School even if the faculty member’s child enrolled therein is enjoying the aforementioned 100% tuition fee discount; the same benefit shall be extended to the faculty member if he/she opted to enroll in the Graduate School even if his/her spouse enrolled therein is enjoying the aforementioned 100% tuition fee discount.

SECTION 5. One child of a regular full-time/full-load faculty member shall be granted free tuition and miscellaneous fees in any review being offered by the University of the East.

SECTION 6. The University shall award grants-in-aid to regular faculty members for thesis writing, dissertation writing, and art exhibit. The amounts of ten thousand pesos (P10,000.00) shall be given to candidates for doctoral degree, eight thousand pesos (P8,000.00) to candidates for masteral degree, five thousand pesos (P5,000.00) for non-thesis masteral degree and art-exhibit, and; PROVIDED, however, that this award shall be in accordance with the University policy on grants-in-aid for thesis/dissertation writing and art exhibit.

ARTICLE XVIILEAVE PRIVILEGES

SECTION 1. Sabbatical leave is a leave granted by the University to a deserving regular faculty member for the purpose of study or research in order to promote professional development and encourage faculty members to undertake special studies, research, and other creative academic activities or the like, with the end in view of improving his competence.

1.1. Sabbatical leave granted by the University must conform with Academic Circular No. 11, series of 1995 dated October 11, 1995 – Policy on Sabbatical Leave, which shall be an integral part of this Agreement.

SECTION 2. Vacation leave with pay of not more than fifteen (15) calendar days for each school year shall be granted to regular full-time faculty members. Vacation leave can be accumulated not to exceed thirty (30) calendar days and may be enjoyed only between school terms or during Christmas vacation; PROVIDED, that whenever a regular full-time faculty member cannot enjoy his vacation leave because his services are needed by the University, the accumulation may be extended to not more than forty-five (45) calendar days, and such an accumulation shall be commuted when the faculty member concerned retires or dies while in the service.

A member of the faculty who shall have exhausted his sick leave credits may, upon written request accompanied by the certificate of his attending physician requiring further leave of absence because of illness, be entitled to enjoy his unused vacation leave credits not exceeding fifteen (15) calendar days in any one (1) year.

SECTION 3. Special leave with pay shall be granted by the University to regular faculty members in case of death of legitimate spouse, parents, legitimate children, sisters, and brothers, illness and/or accident of legitimate spouse, legitimate children, parents, sisters and brothers.

3.1. Faculty members who are paid on hourly basis shall enjoy a special leave of not more than twenty-four (24) lecture hours.

3.2. Faculty members who are paid on a monthly basis shall enjoy a special leave of not more than five (5) working days.

3.3. The special leave herein provided shall be over and above the sick leave benefit granted in this Agreement.

SECTION 4. Maternity leave with pay shall be in accordance with the Social Security System law and its implementing rules and regulations; PROVIDED however, that at the time of application for maternity leave, such a faculty member must be actually teaching in the University.

4.1. Every faculty member applying for maternity leave shall submit to the Department of Human Resources and Development through the Dean/Director concerned, an application for Maternity Leave of Absence, duly accomplished and supported by a medical certificate issued by the physician or midwife of the applicant stating the expected date of delivery.

4.2. The faculty member who goes on maternity leave of absence shall have the right to

resume her assigned loads, provided the expiration of her maternity leave of absence falls on or before the last day of the midterm examination of the same semester. Otherwise, she shall be considered on leave of absence without pay for the remainder of the semester.

4.3. If the faculty member who went on maternity leave absence returns to service the following semester upon expiration of her maternity leave of absence, her regular load based on and in accordance with the priorities set forth in this Agreement shall be reserved and proctored for her.

4.4. Any faculty member whose maternity leave of absence expires after the first day of any summer session shall not be given any assignment for that particular summer session.

4.5. For record purposes and in order to enable the University to compute the post-delivery payment, the faculty member concerned shall also submit, as soon as possible, another medical certificate from her attending physician, specifying the exact date of delivery.

4.6. The computation of the maternity leave period and pay shall be reckoned from the actual date of delivery.

SECTION 5. A regular faculty member is entitled to one (1) day birthday leave with pay annually.

5.1. If the birthday of regular faculty member falls on a week-end (Saturday or Sunday) or on Holiday or a non-working day or a day where the said regular faculty member has no teaching load, or during examination week then the said regular faculty member can avail the said birthday leave on his next class day.

5.2. If the faculty member opt to teach on his birthday then he shall be given additional compensation based on the actual teaching hours he rendered or if he is paid on a monthly basis then he will be paid an additional one (1) day pay.

SECTION 6. “Sick leave” shall mean leave for sickness certified by a physician of the UE Medical Clinic or a private physician; PROVIDED, however, that in the latter case, the certification shall be coursed through the UE Medical Clinic in accordance with University rules.

6.1. Regular full-time faculty members who are receiving compensation on a monthly basis and who shall have rendered at least two (2) years of service, shall be entitled to sick leave with pay of fifteen (15) calendar days during each year of service; PROVIDED, however, that the maximum sick leave that may be accumulated shall at no time exceed thirty (30) calendar days.

Regular faculty members who are teaching part-time shall be entitled to sick leave with pay on pro-rata basis.

6.2. Faculty members of the Secondary School who shall have rendered at least two (2) years of service shall be entitled to sick leave with pay at the rate of fifteen (15) calendar days for each year of actual service based on the load of seven (7) or more periods assigned to them during the year; PROVIDED, however, that their maximum leave credit shall not exceed thirty (30) calendar days.

The faculty members of the Elementary School who shall have rendered at least two (2) years of service with one or more loads shall be entitled to sick leave with pay of fifteen (15) calendar days during each year of service; PROVIDED, however, that their maximum leave credit shall not exceed thirty (30) calendar days.

6.3. Faculty members desiring to enjoy sick leave with pay in accordance with these rules shall submit to the Department of Human Resources and Development, through the Dean/Director/Principal concerned, an application accompanied by a satisfactory proof of sickness immediately, but not later than three (3) school days after the return to duty.

6.4. The University may direct its duly authorized medical officer to investigate and examine the sick faculty member concerned and certify his inability to work during the period of the sick leave applied for.

6.5. Regular faculty members in the College level, whether full-load or part-time, who are paid on an hourly basis, shall enjoy sick leave credits with pay computed according to the following formula:

SLC/YR = Number of hours of actual service x 3/54 x 125%

Note:

1) SLC/YR shall mean sick leave credit per school year;2) Actual service shall include teaching load in a regular semester and/or

summer session, including temporary or proctored classes.

6.6. Faculty members of the College of Dentistry with a teaching load of twenty-four (24) clinic hours per week, shall enjoy sick leave with pay equivalent to twenty-four (24) lecture hours per semester.

6.7. Unused sick leave credits shall be commuted into cash. PROVIDED, that there shall be a reserve of the following sick leave credits.

1) Full-time faculty members paid on a monthly basis – not less than five (5) calendar days.

2) Part-time faculty members paid on a monthly basis – not less than two-and-one-half (2 ½) calendar days.

6.8. Commutation of sick leave credits, in excess of the required reserve days for full-time faculty members, shall automatically be made at the end of each school year.

6.9 The unused sick leave credits herein authorized shall be commuted on the basis of the pay or rate received by the faculty member at the time of commutation; PROVIDED, however, that if the faculty member teaches in more than one unit of the University, the commutable credit shall be based on the aggregate sum of all sick leave credits in all units, and the excess sick leave credits earned with a higher rate shall first be exhausted in the commutation.

6.10 At the time a faculty member resign, retires or dies while in service, all unused sick leave credits shall be commuted to cash.

6.11. The commutable sick leave credits shall be paid not later than two (2) months from the last day of the second semester and, simultaneously, each faculty member shall be furnished a statement of his accumulated sick leave credits.

6.12. FORMULA FOR COMMUTATION OF SICK LEAVE CREDITS

SLC/YR = Number of hours of actual service x 3/54 x 125%

CSL = Commutable sick leave

TSLC = Total sick leave credit in the University

1. For faculty members paid on hourly basis: CSL = TSLC less used sick leave credits

2. For faculty members paid on monthly basis:

a) Full-timeCSL = TSLC less used and reserved sick leave credits

b) Part-timeCSL = TSLC less used and reserved sick leave credits

SECTION 7. The service incentive leave shall be 15 days..

SECTION 8. The President and the Vice-President of the Association shall be entitled to a 30-day and 15-day union leave every year, respectively.

SECTION 9. Solo Parental Leave. In addition to leave privileges under the law and in this Agreement, parental leave shall be granted to a solo parent faculty member who is left alone with the responsibility of parenthood in accordance with the implementing regulations of RA 8972. The parental leave shall be non-commutative and non-cumulative.

ARTICLE XVIIIMEDICAL/HOSPITALIZATION

DENTAL AND OPTICAL BENEFITS

SECTION 1. A regular faculty member shall be entitled to free hospitalization at the UERM Memorial Medical Center (UERMMMC) for a period of twelve (12) months to include semestral break, Christmas break and summer break. He shall be entitled to the free use of a cubicle at the Medical Center for a maximum period of 60 days per year. If he elects to be confined in a higher-rated private room at UERMMMC, he shall be charged the difference between the rate for the cubicle and the higher-rated room at a 75% discount on the higher-rated room. The charges for room and board for any period of confinement longer than the number of the unused sick leave credit of the hospitalized faculty member shall be charged to his personal account at a discount of 75%.

1.1. “Free hospitalization” shall mean the faculty member shall be exempt from hospital charges such as doctor’s fees, medicines, laboratory examination, x-rays, ambulance service when his condition as per doctor’s advice requires such service but shall exclude diagnostic procedures. The term “doctor” as herein used shall mean a physician who is in the payroll of the UERMMMC at the time of the confinement of the faculty member. The services of consultants who are not doctors within the meaning of the term shall be made available to the faculty member only upon his express request in writing and he shall bind himself to personally pay 50% of the consultants’ fee.

1.1.1. A regular faculty member who is actually teaching shall be entitled to free consultation at the UERMMMC Infirmary upon referral by the school physicians at the UE Medical Clinic. He shall be entitled to free routinary laboratory examinations such as blood chemistry test, chest x-ray, urinalysis, stool test, CBC and other similar laboratory examinations provided there is a referral from the UE Medical Clinic or from the UERMMMC Infirmary. These benefits shall exclude diagnostic procedures.

1.2. In case of extreme emergency when a regular faculty member has to be admitted in the nearest hospital, the DHRD or the UERMMMC should be informed immediately in order that arrangements may be made by the hospital authorities for the transfer of the faculty member to the UERMMMC. In case the faculty member cannot be safety transferred, he shall be entitled to the same hospitalization benefits as provided herein.

1.3. Regular faculty members whose illness does not require hospitalization shall be entitled to reimbursement of expenses for medicine within two months from the date of purchase at the rate of two thousand five hundred pesos (P 2,500.00) per school year.

1.4. Regular part-time faculty members shall enjoy the foregoing privilege in proportion to their actual teaching load.

1.5. Medical treatment received by the faculty member shall be subject to verification by the Department of Human Resources and Development which must be notified of such treatment within one (1) week following such medical treatment, in case

of minor illness and within two (2) weeks in cases of illness of a more serious nature.

1.6. A discount of seventy-five percent (75%) on hospital charges, excluding doctor’s fees and medicines will be allowed for married female faculty members who deliver at the UERM Memorial Medical Center.

1.7. For record and auditing purposes, the faculty member concerned shall secure a certification from the Department of Human Resources and Development regarding the person’s status as a regular faculty member of the University.

1.8. PhilHealth benefits and other benefits outside those granted by the University shall be exclusively enjoyed by a regular full load/full time faculty member, and nothing of these benefits shall be applied by the University as its hospitalization/health benefits extended to the faculty member.

SECTION 2. Regular faculty members shall be entitled to reimbursement of expenses due to dental services such as tooth extraction, tooth filling, x-rays, prophylaxis, root canal, periodontal treatment and oral surgery including dental materials needed for such services.

SECTION 3. Regular faculty members shall be entitled to reimbursement of actual expenses incurred for obtaining or charging eyeglasses or contact lenses upon doctor’s advice/prescription in an amount not exceeding P 2,500.00 per year. This benefit is non-transferable and non-cumulative. The request for refund supported by proper receipts shall be submitted two (2) months from the date of incurring the expenditure.

ARTICLE XIXINSURANCE

SECTION 1. All regular faculty members shall be covered a group insurance policy, the premiums for which are paid wholly by the University.

1.1. The group insurance benefit shall be automatically terminated upon the resignation, separation, or retirement of the faculty member and/or in accordance with the policy provisions.

1.2. The group insurance benefit may be modified by mutual agreement between the University and the UEFA at any time during the lifetime of this Agreement.

SECTION 2. The schedule of group insurance benefits is as follows:

Secondary & Elementary School Teachers:One (1) academic year but less than 2 years P 6,000.00Two (2) academic years or more P 10,000.00

Assistant Professors & Instructors:One (1) academic year but less than 2 years P 10,000.00Two (2) academic years or more P 14,000.00

Professors & Associate Professors:One (1) academic year but less than 2 years P 14,000.00Two (2) academic years or more P 18,000.00

Regular Part-Time College, Secondary and Elementary regardless of rank P 6,000.00

ARTICLE XXFACULTY DEVELOPMENT

SECTION 1. FELLOWSHIPS. Fellowships shall be created by the University for the professional growth of members of the faculty. For this purpose, it shall maintain a fellowship program, and shall award these fellowships on the basis of an open competition to be announced and held not later than March of each year.

1.1. The terms and conditions of fellowships, with the corresponding allowances, shall be determined by the University on the merits of each case. However, no adjustments shall be made in the University grant should a financial aid or grant be obtained by the faculty member concerned from any outside organization.

1.2. Fellowship grants awarded by the University shall, as much as possible, be spent in local studies. The field of study and the institutions where such a study is to be undertaken shall be subject to the approval of the University.

SECTION 2. RESEARCH GRANTS. The University encourages members of the faculty to undertake research work within or outside the University under the auspices of agencies or organizations other than the University of the East. However, before such research work may be undertaken, the faculty member shall obtain the consent in writing of the President of the University through the Dean/Director of the unit concerned.

2.1. Where the research is directly connected with the teaching assignment of the faculty member concerned, financial aid may be granted to him by the University at the discretion of the President.

2.2. Research to be undertaken under the auspices of the University shall, as much as possible, be spent in local studies and projects. The topic for research and the place where such research is to be undertaken shall be subject to the approval of the University.

SECTION 3. MISCELLANEOUS GRANTS. Fellowships and other grants financed and initiated by agencies other than the University of the East may be given additional aid and support by the University at the discretion of the President of the University.

ARTICLE XXICHRISTMAS BONUS

SECTION 1. The University shall grant a Christmas bonus in lieu of 13 th month pay under the law to all regular faculty members who are actually in the service in the second semester of the year when the bonus is being given; and to those on their 4 th semester of probation who are actually in the service in the second semester of the year when the bonus is being given.

1.1. Faculty members, who are retired by the Administration at the end of the first semester of the year when the bonus is to be given, shall also be given a bonus for actual service rendered for the year.

1.2. A faculty member who is on study leave with pay shall also be given a bonus for actual services rendered for the year.

1.3. College faculty members paid on an hourly basis shall receive a Christmas bonus equal to one hundred twenty-five percent (125%) of their total basic salaries actually received, including temporary (proctored) assignments, but excluding other monetary benefits during the previous two (2) semesters, divided by nine (9).

1.4. College faculty members paid on monthly basis shall receive a Christmas Bonus equal to one hundred twenty-five percent (125%) of their basic monthly salaries; including temporary (proctored) assignments but excluding other monetary benefits, based on the first semester of the school year in which the bonus is given and the second semester of the immediately preceding school year, divided by ten (10).

1.5. Elementary and Secondary School faculty members shall receives Christmas bonus equal to one hundred twenty-five percent (125%) of their basic monthly salaries, including temporary (proctored) assignment, but excluding other monetary benefits.

1.6. Full-time faculty members of the Department of Physical Education who are paid on a monthly basis shall receive a Christmas bonus of one hundred twenty-five percent (125%) of their basic salaries, including temporary (proctored) assignments, but excluding other monetary benefits.

ARTICLE XXIIRETIREMENT

SECTION 1. The compulsory retirement age for faculty member is 65 years; PROVIDED, however, that the services of a faculty member may be extended beyond age 65 on a contractual semester-to-semester basis subject of Article VIII, Section 15 of this Agreement.

SECTION 2. A faculty member who has completed at least four (4) consecutive semesters of probationary service as of November 3, 1976, may retire at his option upon completion of at least ten (10) years of service, the last two (2) years of which need not be continuous if the interruption is due to unavoidable causes or reasons, such as sickness of force majeure.

SECTION 3. A faculty member who has not completed at least four (4) consecutive semesters of probationary service as of November 3, 1976, may also retire at his option upon completing at least fifteen (15) years of service or upon reaching age fifty (50) years, whichever comes first, subject to the same conditions as to the last two (2) years stated above.

SECTION 4. The term “ten years” or “fifteen years” shall be construed to mean or fifteen years of actual service, exclusive of leaves of absence with or without pay for one or several semesters, except maternity leave, paternity leave, sick leave, sabbatical leave, and fellowships, and shall be included in the computation of the retirement pay.

SECTION 5. In the case of part-time faculty members who have applied for full-time/ full-load assignment and the part-time service of the faculty member concerned is less than ten (10) years, his retirement benefit as part-time faculty member shall be computed on the basis of his average pay for the period of such part-time service multiplied by the corresponding percentage under the scale provided in this Agreement, and his retirement benefits as a full-time/full-load faculty shall be computed on the basis of his average pay for the period of his full-time/full-load service or the average of his last two (2) years pay, whichever is higher, multiplied by the corresponding percentage under said scale.

5.1. If the part-time is more than ten (10) years, his retirement benefits as a part-time faculty member shall be computed on the basis of his average pay for the period or his average pay for his last two (2) years of service as a part-time faculty member, whichever is higher, multiplied by the corresponding percentage under the aforesaid scale, and his retirement benefits for full-time/full-load service shall be computed on the basis of his average pay for the period or the average pay for his last two (2) years of service as full-time/full-load faculty member, whichever is higher, multiplied by the corresponding percentage under the scale.

5.2 In determining the applicable percentage under the scale aforementioned, the number of years of part-time or full-time/full-load service as the case may be, shall be used, not the aggregate period of the faculty member’s tenure.

SECTION 6. Retirement benefits of faculty members shall be computed based on the following scale:

First 10 years - 100% of average monthly salary11-20 years - 110% of average monthly salary

21-30 years - 120% of average monthly salary31-40 years - 130% of average monthly salaryOver 40 years - 150% of average monthly salary

SECTION 7. The basis of computation for retirement benefits shall be the average monthly salary of the entire service with pay, or the average monthly salary for the last two (2) years whichever is higher, it is being understood that, in determining the length of service rendered by a faculty member two complete semesters or three complete quarters which need not be consecutive shall be considered as the equivalent of one calendar year. A broken semester or quarters must be excluded; however, a period of one year consists of nine (9) months for faculty members paid on the hourly basis, and twelve (12) months for faculty members paid on the monthly basis.

7.1.The basis of computation for retirement benefit of the Elementary, High School and Physical Education shall be the average monthly salary of their total basic salaries actually received, including temporary (proctored) assignments of the entire service with pay or the average monthly salary of their total basic salaries actually received, including temporary (proctored) assignments for the last two (2) years whichever is higher, it is being understood that in determining the length of the service rendered by a faculty member two complete semesters or three complete quarters which need not be consecutive shall be considered as the equivalent of one calendar year. A period of one year consists of twelve (12) months for faculty member paid on hourly basis.

SECTION 8. The amount shall be paid in one lump sum whether compulsory or optional retirement.

SECTION 9. For the purpose of determining the period of ten years or more, fraction of a year in units of months will be excluded in the computation. Each semester will be considered one-half (1/2) year, with no additional credit for any summer work.

SECTION 10. In case a member of the faculty shall have met the minimum requirements of service for retirement benefits but has not applied for retirement and dies while in the service, he shall be automatically considered as retired and the retirement benefits shall be paid to his legal heirs or designated beneficiaries.

SECTION 11. A regular faculty member who has not met the minimum requirement of service for retirement of ten (10) years or fifteen (15) years as the case may be, and dies while in the service shall be considered retired from the University at the date of his demise; PROVIDED, the said faculty member has completed at least five (5) continuous years of service in the University at the same time of death.

SECTION 12. Retirement benefits due any retired member shall not be set off with any claim by any organization, association, government entity, or where the University is a party, except such obligations as may exist in favor of the University by the retired member of the faculty.

SECTION 13. Retirement benefits shall not be forfeited for any cause.

ARTICLE XXIIIUNIFORMS

Teachers in Elementary and Secondary School shall be provided uniform, consisting of four (4) pairs of pants, four (4) blouses and two (2) blazers for female faculty, and four (4) pairs of pants and four (4) polo-barongs for male faculty, every academic year. The Dean of the College of Education (Manila)/College of Arts and Sciences (Caloocan) shall be consulted regarding the design of the said uniform.

ARTICLE XXIVMORTUARY BENEFIT

In case of death of a regular faculty member, the University shall give thirty thousand pesos (P30,000.00) as funeral assistance to the legal heir/s of the deceased or his designated beneficiaries.

ARTICLE XXVPRINTING AND DISTRIBUTION OF AGREEMENT

The University shall cause this Agreement to be printed in pamphlet form for distribution to and for the information of all the members of the Faculty Association within a reasonable time, but not to exceed four (4) months from the date of the signing of the Agreement.

ARTICLE XXVINOTICES

SECTION 1. The University shall provide the UEFA with copies of the University rules, regulations, policies which affect and a semestral list of all faculty members with their present academic rank, within thirty (30) days upon written request.

SECTION 2. The University shall furnish the UEFA with copies of any disciplinary notice concerning suspension or dismissal served upon any faculty member.

ARTICLE XXVIIRESPONSIBILITIES OF PARTIES

(NO STRIKE, NO LOCKOUT)

SECTION 1. Each of the parties acknowledges the rights of the other party as undertaken in this Agreement and agrees to discharge its corresponding responsibilities under this Agreement. The University, its officers and representatives at all levels are likewise bound to observe the provisions of this Agreement.

SECTION 2. The University agrees that there shall be no lockout during the term of this Agreement.

SECTION 3. The UEFA, its officers, agents, affiliates, members and representatives agree that, for the duration of this Agreement, there shall be no resort by them to any strike, or boycott of any kind, walk-out, sit-down, stoppage of work or any form of refusal with the normal operations and work of schedule of the University, or picketing otherwise unlawful; and that the UEFA shall not otherwise permit, countenance or suffer the existence or continuance of these acts.

SECTION 4. The UEFA agrees that neither it nor any of its officers or members will engage in any UEFA or union activities leading to the prejudice of the legitimate interest of the University.

SECTION 5. The UEFA recognizes the need of conducting the affairs of the University in the most efficient manner and agrees to promote such efficient operation and the best welfare of the public the University serves, within the bounds of this Agreement, in particular, and as may be traditionally expected of a faculty member in general.

SECTION 6. Both the University and the UEFA acknowledge that, in the implementation of this Article, the Grievance Procedure, as outlined in this Agreement is deemed available to both or to any aggrieved faculty member or group thereof.

ARTICLE XXVIIISAVING CLAUSE

In the event that any provision of this Agreement is finally held or determined to be illegal or void being in contravention of any law, ruling or regulation of any government authority or agency having jurisdiction over the subject matter of this Agreement, the remainder of this Agreement shall remain in full force and effect unless the part so found to be void and illegal is wholly inseparable from the remaining portion of this

Agreement, in which case, the University and the Association will promptly enter into negotiation concerning the substance thereof.

ARTICLE XXIXDURATION OF AGREEMENT

SECTION 1. The Agreement shall be effective and binding upon the University and the UEFA for a period of five (5) years from June 1, 2009 to May 31, 2014.

SECTION 2. This Agreement shall automatically continue in force and effect thereafter from year to year until a new Agreement is signed.

SECTION 3. Within sixty (60) days before the expiration of this Agreement, either party shall give written notice to the other of its intention to modify, amend, or terminate the Agreement.

SECTION 4. By provisions of Article 253-A of the Labor Code as amended by R.A. 6715, the parties may negotiate the economic provisions of this Agreement by serving notice in the same manner as aforesaid, although the main Agreement remains in force.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this ___ day of ________ 201__ in the City of Manila, Philippines

UNIVERSITY OF THE EAST UE FACULTY ASSOCIATION

by: by:Carmelita G. Mateo Antonio Roland I. Co PoExecutive Vice Presidents Presidentand Chief Administrative Officer (Chair, UEFA Panel)(Chair, Management Panel)

Brenda S. Dey Ma. Teresa B. De JesusDean, College of Dentistry Member, UEFA PanelMember, Management Panel

Celestino B. Santiago Ronnie M. YuDean, College of Fine Arts Member, UEFA PanelMember, Management Panel

Feliciana B. SantosComptrollerMember, Management Panel

Siegfred B. Mison Bienvenido N. QuiñonesLabor Counsel Labor Counsel

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)CITY OF MANILA )S.S

BEFORE ME, a Notary Public for and in Manila, on this ____ day of ________ 201___ at Manila personally appeared

CTC Number Date/Place of Issue

CARMELITA G. MATEO ____________ ________________

ANTONIO ROLAND I. CO PO ____________ ________________

known to me to be the same persona who executed this foregoing Collective Bargaining Agreement, who acknowledge to me that the same is their true and voluntary acts and deeds.

WITNESS MY HAND AND SEAL, on the date and place above-written.

Doc. No. ___________;Page No. ___________;Book No. ___________;Series of 201 _______