KALIPUNAN NG MGA KAWANI SA KAGAWARAN NG KALIKASAN
CY 2012 CONSTITUTION AND BY-LAWS
We, the rank and file employees of the Department of Environment and Natural Resources, Region 02, imploring the guidance of Almighty God, in order to establish a Union that will safeguard our rights as employees and human beings, promote our social and economic welfare, strive for better working relations with our employer to enhance public service, and under the principle of democracy, do hereby promulgate this Constitution and By-Laws.
NAME AND DOMICILE
Section 1. Name. The Union shall be called Kalipunan ng mga Kawani sa Kagawaran ng Kalikasan (K4 R2).
Section 2. Domicile. The principal office of the K4 R2 shall be at the Department of Environment and Natural Resources, Regional Office No. 02, Pagayaya Road, Regional Government Center, Carig Sur, Tuguegarao City, Province of Cagayan.
DECLARATION OF PRINCIPLES AND COMMITMENTS
Section 1. The protection and promotion of the common interests and well-being of the members shall be the primary concern and responsibility of the Union;
Section 2. Solidarity and equality in the pursuit of common goals and aspirations shall always be the unifying bond of all members of the Union;
Section 3. The Union shall be non-sectarian, non-political and non-partisan in nature. It shall, however, motivate and encourage active and intellectual study and discussion of moral, political and social agenda affecting its members and the office;
Section 4. The Union believes on the strength of collective lawful action as an effective instrument in seeking just, legal and moral demands and redress of grievances;
Section 5. It shall be the responsibility of all Union members to efficiently and effectively perform their tasks as government workers as they are compensated in order to meet the basic needs of their families and to live as decent members of the society;
Section 6. The Union shall adhere to democratic ideals and principles in its operation. Every member’s ideas and opinions are valuable and deserving of attention and consideration. Decision making shall be transparent, participatory and parliamentary in process;
Section 7. Cordial working relations between the Union and the employer and/or management on matters affecting the interests and welfare of the members of the Union shall always be pursued with the end in view of promoting better public services;
Section 8. The Union values mutual and supportive linkages with other government and non-government organizations (NGOs) whose objectives do not, in any way, contradict with that of the Union;
Section 9. The Union believes that socio-economic, political and cultural consciousness of its members are vital towards being efficient servants and useful citizens of the country; the Union shall adopt peaceful dialogue as the primary means in resolving problems and disputes between and among its members and the management;
Section 10. The Union, as an integral part of democracy, will serve as a venue for meaningful participation in policy formulation and decision-making concerning and affecting the rights and privileges of employees. It shall also be a means to achieve the economic, spiritual, moral, social and cultural development of the employees; and
Section 11. All members shall fulfill their obligations in accordance with this Constitution and By-Laws to ensure their rights and benefits resulting from their membership.
Section 1. General Objectives. The Union shall protect the rights and common interests and work for the promotion of the general welfare and benefits of its members.
Section 2. Specific Objectives. Specifically, the Union shall aim:
(1) To promote effective collective measures in conformity with the principles of justice and to bring about harmonious and mutual relationship between the employees and the employer;
(2) To establish a democratic union that shall unite all employees of the Department of Environment and Natural Resources and to engage in mutual protection;
(3) To represent its members and engage in collective bargaining and negotiations with respect to the terms and conditions of their employment;
(4) To establish, promote and undertake a continuing education, research and leadership training program within the union and among members to enhance greater efficiency and effectiveness in the public service;
(5) To promote all forms of meaningful social activities;
(6) To organize and promote unionism for the purpose of collective bargaining and to widen the practice of economic and political democracy; and
(7) To constantly seek and work for ways and means to assist all union members in times of calamities, hospitalization, retirement, separation or termination of employment and/or demise of a member or any immediate member of their family.
NAME OF EMPLOYER AND PLACE OF OPERATION
Section 1. The Employer is the Department of Environment and Natural Resources-Region 02 (DENR-R2) for collective bargaining under the Constitution and By-Laws.
Section 2. The principal location and place of operation of the Employer is at the Regional Office No. 02, Carig Sur, Tuguegarao City, Cagayan.
Section 3. The DENR functions are provided under Executive Order (E.O.) No. 192 Series of 1989 specifically sections 4. Mandate and 5 Powers and Functions.
Section 1. Qualification. The following are qualified for membership:
a) All employees of the DENR R02 who are not otherwise disqualified by law regardless of sex, race, nationality, religion, political belief or affiliation and employment status whether permanent, temporary, casual and contractual by plantilla.
b) All detailed DENR employees within Region 02
c) All other employees as further defined in Paragraph (m) Section 1, Rule 1 of the IRR of EO 180.
Section 2. Disqualification: DENR employees whose position or designation is managerial in nature are not eligible for membership. Their membership is suspended until their designation as such shall have been revoked;
Section 3. Classification of Members. Those members who applied for membership and subsequently admitted and approved by the Committee on Membership are considered members classified as follows:
(1) Active members. Those members who faithfully and willingly submit themselves to the responsibilities as defined under Article VI and who regularly pay their monthly dues as stipulated under Sections 2 & 3 of Article XII.
(2) Inactive Members. Members who do not possess the qualifications indicated under the immediate preceding paragraphs shall be deemed inactive.
However, those whose membership is suspended as provided in sub item of Section 02, they shall be entitled to all the rights and privileges of active members except the right to vote and the right to be voted upon.
RIGHTS, DUTIES AND RESPONSIBILITIES OF A MEMBER
Section 1. Legal Bases. The rights, duties and responsibilities of a member shall be governed pursuant to the express provisions of the Philippine Constitution and defined by Section 45, Book V of the Administrative Code of 1987, the rules relative to the right to self-organization and the rules and regulations promulgated by the Public Sector Labor Management Council and other existing rules and regulations on Public Sector Unionism.
Section 2. Rights. Every member of the Union shall have the following rights
(1) Participate and be heard in all deliberations on matters concerning the Union;
(2) To enjoy all benefits made available for all its members;
(3) To be informed of the programs and activities of the Union and participate therein;
(4) To be protected from any form of discrimination or against the arbitrary exercise of power as well as from being laid-off or dismissed without just cause in accordance with the rules and regulations of the Civil Service Commission;
(5) To enjoy minimum labor standards under the laws of the land particularly in the Collective Negotiation Agreement (CNA) and under international labor standards which this country has ratified or accepted;
(6) To promote the interest and welfare of the Union members in terms of improvement of quality of life and equitable and just solution of all grievances;
(7) To have full access to information and records, documents, books and other related references of the Union during business hours;
(8) To vote and be voted upon in all elections subject to the rules and regulations of the Union regarding elections;
(9) No member shall be expelled from the Union without just cause and must pass due process of law nor shall any member be denied of his/her rights to equal protection by the Union.
(10) To be accorded due process and equal protection of law by the union
Section 3. Duties. It shall be the duty of every member to:
(1) Uphold and obey the Constitution and By-Laws of the Union and other rules and regulations as maybe promulgated by the governing body;
(2) Protect, defend, promote and support the name, integrity and cause of the Union;
(3) Attend and actively participate in all meetings and other activities, whether internal or external, of the Union where attendance is required;
(4) Comply with all dues as stipulated in Sections 1, 2 and 3 of Article XII and other obligations which maybe passed and duly approved by the Board of Directors.
(5) Abide by certain norms inherent in his/her membership in the organization;
(6) Support his/her Union in activities and programs designed not only to promote the member’s welfare and the Agency as well;
(7) Contribute to the national development efforts through participation in the economic and social fields; and (to be deleted)
(8) Uphold and obey all laws, rules and regulations promulgated by duly constituted authorities.
PRIVILEGES AND BENEFITS OF A MEMBER
Any active member shall be entitled to all the benefits and privileges as provided in Sections 1 and 2 hereof as well as the enforced Collective Negotiation Agreement forged and promulgated by Management and the Union.
Section 1. Benefits
1. Death Benefit. In case of death of a member, the union shall extend financial assistance to the heirs in the amount of Fifty Thousand Pesos (P50,000.00). Members’ authorized beneficiaries are entitled to death benefits subject to the IRR duly approved by the Board of Directors.
2. Calamity Assistance. The union shall extend assistance to members who are victims of natural calamities and other force majeure. The assistance shall be determined by the Board of Directors and contained in a resolution duly passed and approved for the purpose.
3. Medical Assistance. A member shall be entitled to a medical assistance. The Board of Directors shall craft a specific guideline through a duly approved resolution defining in detail the mechanics and/or requirements for such entitlement
4. Legal Assistance. The Union shall provide legal assistance on matters involving security of tenure, unjust and inhumane treatment, illegal or unjust termination and illegal transfer/reassignment and other job related cases upon written request. The Board of Directors shall determine the nature and the extent of the assistance.
5. Retirement Gift. The Union shall provide assistance in conformity with the guidelines prescribed by the Board of Directors.
Section 2. Privileges. All Union members shall be entitled to all the following privileges:
1. Scholarship. The Union shall coordinate with the Human Resource Development Section in order to assist management in ensuring equal opportunities for scholarship offerings.
2. Trainings/Seminars. The Union shall assist management in ensuring that proper selection of employees who shall participate in local or international trainings/seminars is done in the interest of the service.
3. Merit and Promotions. The Union shall assist management in ensuring equal opportunity for all employees for promotion.
4. Counseling. The Union shall provide counseling services for its members.
However, priority shall be given to active members.
Section 1. Governing Body. Subject to the provisions of the Philippine Constitution and other laws on Public Sector Unionism, final authority in the management and administration of the affairs of the Union is vested in the General Assembly.
Section 2. The General Assembly – The General Assembly of the Union shall be composed of members entitled to vote duly assembled and constituting a quorum.
Section 3. Powers and Limitations of the General Assembly –The General Assembly has the power:
a) to elect and remove Directors, Officers and Committee Members for cause;
b) to hear and pass upon the reports of the Board of Directors, officers and committees;
c) to take final decisions regarding any drastic change in financial policies, subject to legal restrictions;
d) to determine and approve the amendments in the Articles of Corporation and/or By-Laws;
e) to exercise final authority on all matters vitally affecting the Union;
f) to approve developmental plans of the Union;
g) to exercise all powers expressly provided by law and the by-laws.
Section 4. Annual General Assembly – The General Assembly meeting shall be held every third Tuesday of February of each year at the principal office of the Union or at any place within its area of operation and at such time as the Board of Directors may designate.
Section 5. Special General Assembly – A special General Assembly meeting may be called at any time by a majority vote of the Board of Directors to consider urgent matters requiring immediate membership decision. A special General Assembly meeting shall be called by the Board of Directors within 30 days from receipt of a written request of at least ten (10) percent of the total number of members entitled to vote.
Section 6. Notice of General Assembly Meeting –Written notices of all meetings shall be served by the Secretary, through an agent/personal courier, radio message/fax or mail, upon each member at his last known office address or thru publication in a paper of general circulation at least two (2) weeks prior to the general assembly meeting.
The Notice for an Annual General Assembly meeting shall be accompanied with the agenda, minutes of meeting of the last General Assembly.
The consolidated reports of the Board of Directors and Committees, financial statements, proposed amendments to the Articles of Incorporation and/or Constitution and By-Laws if any, and other papers needed by the members to arrive at sound and intelligent decisions during the general assembly shall be distributed at the assembly venue.
Section 7. Fiscal Year. The Fiscal Year of the Union shall commence on the 1st day of February and end on the last day of January.
Section 8. Agenda. As far as practicable, the order of business at such annual meeting shall be:
a) Roll Call;
b) Proof of due notice;
c) Consideration of the minutes of the last general assembly meeting;
d) Consideration of the consolidated report of officers, Board of Directors and
Committees including audited statements of financial conditions and operation;
d) Unfinished business;
e) New business;
f ) Adjournment
Section 9. Quorum of the Membership Assembly – At the annual regular or special General Assembly meeting, 25% of the total number of members entitled to vote shall constitute a quorum.
Section 10. Manner of Voting – (a) Members entitled to vote shall be qualified to vote and participate in the General Assembly of the Union. No member of the Union shall be entitled to more than one vote. (b) In case of failure of a quorum, election of Board of Directors and Committee Members may be conducted by Province through a vote of 50% + 1 of the total members in each Province. (c) Election and removal of Directors and Committee members shall be by secret balloting. However, the Board of Director nominated by the Province who shall act as its Representative to the Board of Directors may be made through other means of written consent or support. Action on all other matters shall be in any manner that will truly and correctly reflect the decision of the membership.
THE BOARD OF DIRECTORS
Section 1. Role. The Board of Directors as a body shall have general supervision and control of the affairs of the Union. It shall prescribe policies consistent with laws, this By-laws and the resolutions of the General Assembly for the management of its business and the guidance of its members and officers. Likewise, it has the power to create other committees, positions or working groups that it deems necessary for the effective and efficient management and operation of the Union. The Board of Directors may also be granted emergency powers by the General Assembly through a vote of majority during a special meeting called for the purpose in the form of referendum or other legal means.
Section 2. Composition. The Board of Directors shall be composed of thirteen (13) members to make proper representation of the members coming from the different offices as follows:
4 - Regional Office
2 - PENRO Cagayan
2 - PENRO Isabela
2 - PENRO Nueva Viscaya
2 - PENRO Quirino
1 - PENRO Batanes
Section 3. Qualifications for Board of Directors. A member who has the following qualifications is eligible to seek election to a Board of Director Position:
1. Must be holding a permanent position;
2. Active member for at least one (1) year;
3. Has the willingness to serve;
4. Is not serving any sentence;
5. Has not been issued a suspension order during his/her term as BOD, in case of a re-electionist.
Section 4. Election. Members of the Board of Directors shall be elected through secret balloting which shall be conducted during the general assembly meeting.
1. Nomination. The nomination to a Board of Director position shall be open to all members subject to the qualifications set forth in Section 3 Article IX and to the guidelines prescribed by the Election Committee. The various offices, members, Regional Office and Provincial/CENROs shall nominate their respective candidate who shall be voted upon during election.
2. Proclamation. The Election Committee shall proclaim the top four (4) from the Regional Office, the top two (2) each from Cagayan, Isabela, Quirino and Nueva Vizcaya, and top one (1) from Batanes as the winners. In the absence or lack of nominees from a particular Office, the duly proclaimed Board of Directors shall appoint qualified members to fill up vacant BOD positions.
Section 5. Term of Office. Duly elected members of the Board shall have a term of office for two (2) years with a maximum of three consecutive terms or six years. After the third term, a break of at least one (1) term is required before the same member may run for another election to a maximum of three terms.
In case of vacancy in the board, the remaining Board of Directors shall appoint from among qualified members who come from the same office of the one being replaced and shall serve for the unexpired portion of the term.
Section 6. Directors Meeting, Election of Officers. A meeting of the Board of Directors shall be held within ten (10) days after each annual General Assembly meeting to elect by secret ballot from among themselves a President and an Executive Vice President. The other officers of the Board of Directors like Vice President for Legal and Inter-Union Affairs, the Vice President for Finance and Ways and Means, the Vice President for Membership and Grievance and the Vice President for Education and Training shall be elected through “secret ballot”.
Section 7. Removal of Directors.
a. The following are the grounds for removal of the Board of Directors:
1. Conviction of any crime
2. Facing civil/criminal suits involving financial and/or property accountability
3. Violation of Civil Service provisions
4. Absences in Board meetings for three (3) consecutive regular Board meeting without valid reason.
b. Manner of Removal
1. Any elected member of the Board of Directors maybe removed from Office by a vote of two-thirds of the members entitled to vote present and constituting a quorum at the Annual or Special General Assembly called for the purpose after having been given the opportunity to be heard at the said assembly.
2. Any appointed member of the Board maybe removed for cause by a majority vote of the members of the Board present and constituting a quorum at a regular or special meeting.
QUALIFICATIONS AND ELECTION OF OFFICERS
Section 1. A member of good standing who had been a bonafide member of the union for at least one (1) year shall be eligible to run for election to the Board of Directors or to any position, elective or appointive. The following positions shall be subject to election proceedings through a vote of the majority:
a. Members of the Board of Directors
b. Members of the Audit and Election Committee shall be composed of one Chairperson and at least four (3) members; the Chairperson to be voted upon by the members of the concerned Committee;
c. Other Committees
Other Committees may be formed and/or created and their powers/functions defined by the Board of Directors as the operations of the Union may require. The said Committees shall assist the Board of Directors in the implementation of the various developmental activities, plans and projects of the Union.
The following positions or officers shall be appointed by the Board of Directors from among qualified and interested members of the Union who shall file their application/intent in the proper form and after screening and evaluation shall choose among those who signified their intention to occupy said position.
c) Other positions that the Union may need whose functions and duties shall be defined by the Board of Directors.
No two members who are related up to the fourth degree by affinity or consanguinity may serve in any capacity or position (whether appointive or elective) at the same time in the Union.
Section 2. The election of officers of the Union which is conducted during the General Assembly shall be voted by secret balloting. The winners of which shall be proclaimed by the Election Committee after the election consistently provided in Section 4 of Article IX.
Section 3. Committee on Election (COMELEC). The Committee on Election shall be composed of three (3) members who shall be responsible for the orderly conduct of the election.
(1) Three (3) members of the COMELEC shall be regular members of the Union and are duly elected by a majority vote.
(2) The elected members shall elect among themselves their Chairperson.
Section 4. Election of Officers and Vacancy. Elected officers like the members of the Board of Directors shall be elected by secret ballot by the members of the Annual General Assembly and shall hold office for a term of one (1) year and may be re-elected for another two (2) terms. Unless earlier removed for cause, or have resigned or became incapacitated due to illness or death and until their successors have been elected, the incumbent Board of Directors may designate if deemed necessary and in order not to disrupt the smooth operation of the Union from among qualified member, who shall continue to discharge the duties of the vacated office or position on a hold-over capacity until their successors shall have been elected by a vote of majority in a General Assembly meeting called for the purpose. In case the General Assembly cannot muster a quorum, the remaining Board of Directors and the Committee on Audit may meet to elect from among qualified members of the Union who shall serve only for the unexpired portion of the term of office of the vacated position. Upon ratification of this Constitution and By-Laws, election of Officers shall be conducted on every 3rd Tuesday of February.
DUTIES AND RESPONSIBILITIES OF OFFICERS
Section 1. The Board of Directors shall convene within ten (10) days following their proclamation to elect from among themselves the Officers of the Board which consists of a President, Executive Vice-President, Vice-President for Finance and Ways and Means, Vice-President for Membership and Grievance, Vice-President for Legal and Inter-Union Affairs, Vice President for Membership and Grievance, Vice President for Education and Training as well as appoint a new Secretary, Treasurer and other appointive officers when deemed necessary.
The Board of Directors may designate from among themselves an official Spokesperson and Press Officer.
Section 2. The President shall:
(1) Acts as chairperson and preside over all meetings of the Union and the Board of Directors;
(2) Direct and supervise all activities of the Union;
(3) Oversee the effective enforcement of the provisions of this Constitutions and By-Laws and all resolutions legally adopted by the Board;
(4) Approve all expenditures of the Union fund upon recommendation of the Board of Directors; and
(5) In general, perform all duties normally attached to the Office of the President of the Union.
Section 3. The Executive Vice President shall:
(1) Assume the duties and responsibilities of the President in the event of the latter’s absence, incapacity, resignation or death;
(2) Assist the President in the administration and operations of the affair of the union;
(3) Coordinate the execution of all programs and activities undertaken by the different Vice-Presidents and Committees; and
(4) Brief the President from time to time of the status of the activities being undertaken by the Union.
Section 4. The Vice President for Legal and Inter-Union Affairs shall:
Act as the Legal Counsel of the Union;
(1) Represent the union in all cases or hearings on issues involving the legality of Union actions
(2) Serve as legal adviser for the Union members;
(3) Recommend to the Board of Directors appropriate legal actions on issues affecting the Union; and
For Inter-Union Affairs:
(1) Coordinate with other government employees union regarding the promotion of unionism in the public sector;
(2) Act as representative of the union to inter-union conferences and/or meetings and present the official position of the Union on issues being discussed and deliberated.
(3) Submit a written report to the President the result of every conferences or meetings attended; and
(4) Perform such other functions as may be assigned by the Board of Directors.
Section 5. The Vice President for Finance and Ways and Means shall:
(1) Oversee the proper disposition of the union funds;
(2) Prepare and recommend to the president for discussion and approval by the Board of Directors the annual budget of the Union;
(3) Recommend to the Board of Directors the adoption of measures to raise Union funds; and
Ways and Means:
(1) See to it that materials, equipment and funds needed for the execution of all programs and projects of the Union are available;
(2) Recommend to the President appropriate measures to facilitate accomplishment of the union programs and activities; and
(3) Perform such other functions as may be assigned by the Board of Directors.
Section 6. The Vice President for Membership and Grievance shall:
(1) Supervise the recruitment of new Union members;
(2) Maintain an up-to-date Roll of Union members according to their places of assignments and the units where they are operating;
(3) Act as mediator or conciliator in the resolution of conflicts between the Union members;
(4) In coordination with the Vice President for Legal and Inter-Union Affairs, prepare and recommend to the Board of Directors a draft of a CBA for presentation to management;
(5) Document reasonable grievances of Union members involving their conditions of work;
(6) Recommend to the Board of Directors appropriate courses of actions to obtain from management the relief sought by Union members in grievance cases;
(8) Take charge of all matters pertaining to and specifically affecting the members;
(9) Recommend to the President courses of action to be taken by the Union on matters affecting members; and
(10)Perform other functions as may be assigned by the Board of Directors.
Section 7. The Vice President for Education and Training shall:
(1) Determine the training needs of the Union members;
(2) Conduct continuing education courses, trainings, seminars and workshops on effective unionism and improve the working efficiency of Union members;
(3) Supervise the preparation and distribution of information materials to enhance the knowledge of Union members on public sector unionism;
(4) Oversee the establishment and operation of Union library; and
(5) Perform such other functions as may be assigned by the Board of Directors.
Section 8. The Secretary shall:
(1) Take the minutes of the meetings of the Board of Directors and of the General Assembly;
(2) Keep, maintain, release, reproduce or disseminate pertinent records to any member of the Union as duly allowed by the Board of Directors without prejudice to the right of access to information by any member of the Union;
(3) Send out notices of meetings to the members of the Board of Directors or the General Assembly, and upon instruction of the President, prepare the agenda of all meetings; and
(4) Perform such other functions as may be assigned by the Board of Directors.
Section 9. The Treasurer shall:
(1) Collect all fees, dues and other financial obligations of the members;
Have under custody, on behalf of the Union all donations from private parties to the Union;
(2) Hold under custody and deposit in the bank chosen by the Board of Directors all monies and/or funds in the name of the Union;
(3) Serve as custodian of all funds, properties and accounts by the Union and keep records pertaining thereto;
(4) Submit a complete quarterly financial report and/or statement to the Board of Directors a copy of which should be posted on the bulletin board; and
(5) Perform such other functions as may be assigned by the Board of Directors.
Section 10. The Committee on Audit shall:
(1) Audit all records and books of account on the Union and submit his audit report every quarter of the year in a regular meeting of the Board of Directors, or as instructed by the Board;
(2) Make available the audit reports to the members of the Union as may be instructed by the Board of Directors; and
(4) Conduct spot audit of all records and books of account of the Union as may be deemed necessary.
Section 11. Other Committees – Other Committees or positions may be formed and/or created and their powers/functions/duties defined by the Board as the business and operation of the Union require. Said Committee shall assist the Board of Directors in the implementation of the Union development program.
FINANCES AND DUES
Section 1. Membership Fee. An applicant for membership to the DENR R2 Employees” Union shall file his/her application in duplicate to the Union in the prescribed form and shall pay a membership fee of Fifty Pesos (P50.00) upon filing. The application shall pass through the Vice President for Membership and Grievance for review and evaluation.
Section 2. Monthly Due. A monthly due of One Hundred Pesos (P100.00) shall be collected from each member.
(1) Collection of dues from members whose payrolls are at the regional office shall be made every 2nd half of the month while members who in the field offices whose payrolls are paid once a month are deducted from their salary every payday. Collections made by Cashiers shall be remitted to the Treasurer within five (5) days after collection had been made.
(2) Moneys of the Union in the form of collected/remitted membership fee, monthly dues, etc. shall be deposited by the Treasurer to the designated depository bank of the Union in the name of the Union every Friday before the close of banking hours or as often as possible for moneys amounting to at least five hundred pesos shall be deposited immediately on the same day or the following day.
(3) The Treasurer shall keep all copies of transaction with the depository bank for record purposes and shall be made available to any member of the Board of Directors or officers or member who may want to look into these records or transactions;
Section 3. Agency Fee. An agency fee for CNA incentive and other similar monetary benefits equivalent to twenty-five percent (25%) shall be collected from non-union members. The agency fee shall be automatically deducted from the payroll of the said monetary benefit.
Section 4. Special Assessment. The Board of Directors, through resolutions and upon the concurrence of at least majority in a general assembly called for the purpose, assess and/or collect from its members such amount as deemed necessary and other fees such as agency fee from non-DENR employee members and other beneficiaries.
Section 5. Special Projects. The Board of Directors, through resolution, shall launch fund raising campaign and similar activities to augment/strengthen the financial status of the Union. The same may be undertaken for the furtherance of the Union and for such other purposes as may be deemed necessary.
Section 6. A book of account of all dues and fees collected shall be maintained and financial report of collections and disbursements shall be made by the Treasurer for audit purposes. Interest earned from the aforementioned savings account shall form part of the general fund of the Union.
Section 7. Withdrawals and disbursement of funds shall be subject to approval by the President and Vice President for Finance and Ways and Means subject to the usual accounting and auditing rules and regulations.
Section 8. A petty cash in the name of the President shall be maintained by the Treasurer for monthly operations of the Union, the amount of which shall be determined by the Board of Directors. Replenishment of petty cash shall be allowed only after liquidation of the previous amount spent subject to the usual accounting and auditing rules and regulations. The following shall be observed:
(1) Petty Cash vouchers must bear the signature of the Vice President for Finance and the approval of the President and
(2) Petty Cash advance shall be replenished only after submission of liquidation report.
Section 9. Payment or reimbursement of all other expenses incurred in the maintenance and operations of the Union and other officers may be claimed or tended through the use of the prescribed voucher form with supporting documents and subject to the usual accounting and auditing rules and regulations
Section 10. The Treasurer upon request of the Board of Directors shall render an oral report on the financial status of the Union at least every regular meeting of the Board and as the need arises in order to update the Board and the members.
Section 11. The General Assembly shall authorize the Board of Directors of the Union to allocate funds necessary and appropriate in pursuit of the Union’s goals and objectives in general and for the effective and efficient management and operation of the Union. This shall include funds for its various programs/project/activities, administrative/operational costs/expenditures, allowances of officers, etc.
QUORUM, MEETINGS AND PROGRAMS
Section 1. General Assembly. The annual meeting of the members shall be held at the principal office of the Union or at any place designated by the Board of Directors on the 3rd Tuesday of February.
Section 2. Regular/Special Meetings. Regular meetings of the Board of Directors shall be called every 2nd Tuesday of the month by the President of the Union. During such meetings, the President shall render his monthly report to the members of the Board regarding the activities of the Union. Special meetings may be called as the need arises, by at least five (5) members of the Board of Directors or the President or upon petition of at least one-fourth (1/4) of the general membership and must be in writing.
Section 3. Notices. Notice of Meeting for all types of meetings (i.e., annual, quarterly, special meetings, etc.) shall contain the date, time and venue of the annual, quarterly and special meetings of the members/officers shall be delivered to concerned officers or members of the Union by personal courier, through fax, radio facilities, by mail, or other means at least one (1) week before the date set for such meeting. In urgent cases, the
Notice of Meeting may be communicated at least two (2) days before the meeting through personal or direct contact or by telephone, or by telegram, if contact is not possible to ensure that the concerned officer or member is properly informed. The notice of every special meeting shall state the purpose or purposes of the meeting. No other business shall be considered at such meeting except with the consent of the Board of Directors.
Section 4. Quorum. The quorum for any meeting of the officers shall consist of at least fifty percent (50%) plus one of the members of the Board of Directors. For General Assembly Meeting, at least 25% of the total membership must be present and shall be considered a quorum.
Section 5. Order of Business. The order of business of the Annual Meeting of the members shall be as follows:
(1) Proof of service of the required notice of meeting;
(2) Proof of the presence of a quorum;
(3) Reading and approval of the minutes of the previous Annual Meeting except when such meeting is dispensed with a majority vote of those present;
(4) Unfinished business;
(5) Report of the President/Chair of Standing Committees;
(6) Election of the Board of Directors for the ensuing year;
(7) Other matters.
The order of business at any meeting maybe changed by a vote of majority of the members present.
DECORUM AND SANCTIONS
Section 1. The following shall be grounds for disciplinary action:
(1) Failure of the officers to attend regular meetings without justifiable reasons/cause shall be penalized. Unexcused absence/s shall be meted the following:
(a.) 1st absence – WARNING
(b.) 2nd absence – REPRIMAND
(c.) 3rd absence – SUSPENSION
(2) Commission of any act prejudicial and/or inimical to the interest of the Union as determined by the Board of Directors;
(3) Refusal to comply with one’s duties and responsibilities as a member and/or officer shall be a sufficient ground for disciplinary action; and
(4) No disciplinary action or penalty shall be given to any of its members/officers without due process.
Section 2. The following shall be ground for expulsion:
(1) Any member found to be disloyal to the principles, objectives and commitments of the Union; and
(2) Any act of dishonesty, guilty of malversation, extortion and other malpractice concerning the affairs of the Union.
Section 3. Any member of the Union may file charges against a member thru a written complaint with the Secretary of the Union. The President shall call a special meeting to consider the charges. The affirmative vote of simple majority of all the members of the Board of Directors shall be necessary to suspend a member, provided that where the penalty is expulsion, the affirmative vote of two-third (2/3) of all the members of the Union shall be necessary to expel a member.
Section 1. The Board of Directors headed by its President or by a negotiating panel for the members who shall be duly elected by the Board shall conduct collective negotiation, for and in behalf of the members.
Section 2. The result of the collective negotiation shall be subject to the review, perusal and scrutiny by the Board of Directors and the same shall be concurred by a majority vote.
Section 3. Upon concurrence, the proposed Collective Negotiation Agreement shall be subject to ratification and approval by majority votes of the Union’s bonafide members at a meeting, conference or by a plebiscite called for such purpose.
Section 1. The Fiscal Year of the Union shall be from February 1 to January 31 of every year.
Section 1. Proposed amendments to this Constitution and By-Laws shall be presented by the Board of Directors to the members of the Union or the General Assembly during its Annual General Assembly and shall be deemed approved by 50% + 1 votes of the quorum.
Section 2. A member of the Union may move for the amendments/revisions of this Constitution and By-Laws through the Constitutional Committee created by the Board of Directors for the purpose subject to Sections 1 and 2 of this Article.
Section 1. The interim officers shall be elected from the Board of Directors duly elected by the DENR employees prior to the ratification of this Constitution and By-Laws.
Section 1. The Constitution and By-Laws shall take effect immediately after presentation and ratification by majority vote during the General Assembly.
Section 2. APPROVED AND ADOPTED by the K4 R2 Employees’ Union General Assembly, DENR-R2 Tuguegarao City, this 28th day of February 2012.
MEMBERS OF THE BOARD OF DIRECTORS
RICARDO C. SORIANO
SAMUEL M. VINARAO
RESTITUTA V. ANTOLIN FE C. LINGAN
VICTORIA D. BALIUAG WAGAYWAY Q. AGATEP
MINA L. LABUGUEN LUZ S. SORIANO
CORAZON AQUITANIA LAWRENCE GRACIANO
HILDA D. OPALEC
- 1.RICARDO C. SORIANO – President
- 2.SAMUEL M. VINARAO – Exec. Vice-President
- 3.RESTITUTA ANTOLIN – VP for Finance
- 4.FE C. LINGAN – VP for Membership
- 1.WAGAYWAY AGATEP – VP for Legal
- 2.ELIZABETH BRILLANTES
- 1.LUZ C. SORIANO – VP for Education and Training
- 2.MINA LABUGUEN
- 1.LAWRENCE GRACIANO
- 2.FRANK CARBONEL
- 1.CORAZON AQUITANIA
- 2.EDNA WILLIE – Chair, Housing Committee
- 1.EMERITA PESCADOR
- 2.BONIFACIO IFURUNG
- 3.ALEX VILLANUEVA
- 1.JANET BRILLANTES – Chair, ELECOM
- 2.MARINA MALAMUG