Log inLog in  LBPEA PublicationsLBPEA Publications  PORTAL VIEWPORTAL VIEW  HomeHome  RegisterRegister  
2018-2022 LBPEA PRESIDENT IS NANETTE LATI
SFAL PF HF RELEASE
December 15
Latest topics
» LBPEA NEB ATTENDS APPRECIATIVE LEADERSHIP SEMINAR
Thu Nov 23, 2017 10:36 am by sonia

» HMO ENROLLMENT FOR 2018
Wed Nov 22, 2017 9:24 am by sonia

» A message from LBPEA Visayas Director SONIA D. BROTARLO
Thu Nov 16, 2017 10:30 am by sonia

A message from LBPEA Visayas Director SONIA D. BROTARLO
Thu Nov 16, 2017 10:30 am by sonia

It has been two (2) years and six (6) months that this website was closed.  Many were disappointed with the closure but we have to keep up with the fast changing technology - facebook and twitter, among others.  
 
With the remaining one month and a half of my stint as Director for Visayas, I have been ruminative as to the manner of my “consummatum est” in LBPEA.  Thus  here I am re-opening the website pro hac vice for my grand exit. 
 
This is the medium where you first knew me and this is where I want to personally reach out to you to express my deepest and heartfelt “THANK YOU” for all the years that you trusted me. 
 


[ Full reading ]
Comments: 0
NEWS LINKS

Share | 
 

 3% SPECIAL ASSESSMENT

View previous topic View next topic Go down 
AuthorMessage
BLITZ



Number of posts : 181
Registration date : 2011-06-29

PostSubject: Re: 3% SPECIAL ASSESSMENT   Tue Oct 08, 2013 7:19 pm

It is worthwhile visiting this blog again....after its reactivation!

Hello Ms. Sonia, I have one issue to raise and I will be grateful reading your comment on this:

It appears that the ratification required for our amended CNA includes a rider for the deduction of 3% from the amount of CNA incentive due to the members. Can we conditionally sign our approval only with respect to the CNA amendment and not with respect to the 3% deduction because the rules with regard the grant of the incentive is conditioned upon the ratification of the amendment and not on the deduction? They say that the 3% is a form of checkoff which is allegedly a valid deduction... While the IRR of RA 180 (Public Sector Unionism) entitles the union to check-off and collect dues and agency fees, there are requisites before they could collect. Analogous are the provisions of the Labor Code, thus:
Art. 222 (b) states:
No attorney's fees, negotiation fees or similar charges of any kind arising from any collective bargaining negotiations or conclusions of the collective agreement shall be imposed on any individual member of the contracting union: Provided, however, that attorney's fees may be charged against unions funds in an amount to be agreed upon by the parties. Any contract, agreement or arrangement of any sort to the contrary shall be null and void. 
Art. 241 (o) provides:
Other than for mandatory activities under the Code, no special assessment, attorney's fees, negotiation fees or any other extraordinary fees may be checked off from any amount due to an employee without an individual written authorization duly signed by the employee. The authorization should specifically state the amount, purpose and beneficiary of the deduction.

Thank you for activating this site.
Back to top Go down
sonia
Admin


Number of posts : 1428
Registration date : 2008-12-16

PostSubject: Re: 3% SPECIAL ASSESSMENT   Wed Oct 09, 2013 9:59 am

It is indeed equally worthwhile reading in this blog exceptional posts like no other post coming from the one and only-honorable Atty. Blitz.  

As gathered from a credible source, you are already with the Field Legal..CONGRATULATIONS! Such a brilliant lawyer like you deserves the best place in the bank to practice your legal expertise.

Before I delve on the issue you raised Atty. Blitz, I would like to thank you for the warm welcome. I felt the warmth truly hot literally throwing me in hot water so to speak.

Every association, group, church even government for that matter exist primarily because of the support of its members and the people they serve.  This doctrine is very familiar to you Atty. Blitz which in legal parlance, particularly in taxation, is known as the "lifeblood doctrine".

LBPEA is supported by its members paying quarterly dues of P100 each since its birth as an Association several years ago until now.  Costs of maintaining the association continue to increase annually but the quarterly dues of the members remained. Thus the LBPEA Officers have difficulty in making both ends meet wherein, aside from the operating expenses, there are requests for financial assistance for calamities, hospitalization and even funeral which needed funds.

Under Book V of the Labor Code Article 277 provides and which I quote: All unions are authorized to collect reasonable membership fees, union dues, assessments and fines and other contributions for labor education and research, mutual death and hospitalization benefits, welfare fund, strike fund and credit and cooperative undertakings (as amended by Sec. 33 RA 6715 March 21, 1989).


The second paragraph of the General Assembly Resolution states that it is an ASSESSMENT thus it is not a check-off.  Legally, a check off requires individual written authorization stating the amount, purpose and beneficiary only after a general assembly meeting called for that purpose.

The legality of this assessment was consulted with the Legal Counsel of LBPEA.

I will be forwarding this issue to LBPEA President Allan Tecson for his comment also.

As far as I am concerned, this is my humble comment Atty Blitz!


Last edited by lbpeavisayas on Wed Oct 09, 2013 10:46 am; edited 1 time in total
Back to top Go down
http://lbpea.forumotion.net
BLITZ



Number of posts : 181
Registration date : 2011-06-29

PostSubject: Re: 3% SPECIAL ASSESSMENT   Wed Oct 09, 2013 10:44 am

Thanks for the prompt reply Ms. Sonia... You may be wrong in saying that I am a lawyer who is now with legal dept. You have a different view as to the nature of the 3% deduction. You mentioned that it is not a check-off but an assessment.  The union president claims that it is a check-off as he has indicated in his post in LBPE's facebook account which I reproduce as follows:


LBPEA Pres: i am pleased to announce that as of today, 08 october 2013, 4:15PM, there are already 4,766 RNF employees who ratified the supplemental cna and the 3% checkoff. some are still coming. thank you very much for your support.


Which will we follow? the statement that it is a check-off or that it is an assessment? If it is a check-off, I have my arguments above on this matter. If it is an assessment, as you have cited, the union may collect union dues and assessment with the condition that it shall be reasonable and shall be used for "LABOR EDUCATION AND RESEARCH, MUTUAL DEATH AND HOSPITALIZATION BENEFITS, WELFARE FUND, STRIKE FUND AND CREDIT COOPERATIVE UNDERTAKINGS". The enumeration is exclusive and therefore any other purpose outside of the enumeration is invalid. Attorney's fees is not one among the enumeration hence is not allowed (Expressio unius est exclusio alterius)...Another point, the labor code does not apply to the civil service but may be a reference since no similar law is available to the public sector...
Back to top Go down
sonia
Admin


Number of posts : 1428
Registration date : 2008-12-16

PostSubject: Re: 3% SPECIAL ASSESSMENT   Wed Oct 09, 2013 11:37 am

Mia culpa! A case of error in personae or mistake in identity. My apologies Sir Blitz!

I still stand by what I mentioned on my previous post that it is not a CHECK-OFF since what was stated in the resolution was a SPECIAL ASSESSMENT. If you have to carefully examine the resolution nowhere in the two provisions was the word check off ever mentioned.  The written words on the resolution prevail over what was mentioned orally.

The choice of word check-off on the part of Pres Allan should be taken not on its legal sense but on the usage which connotes deduction.  It is purely a matter of semantics.

On the attorney's fees that you are referring to, as you may know, we did not hire any lawyer during our collective negotiation thus we have no reason to pay attorney's fees.

Another point also, you cited two provisions of the Labor Code in your earlier post thus I also answered your citation with another provision contained under the same Code.  Although I know for a fact that we are covered by Executive Order 180 and the Civil Service Laws.

Salamat po!
Back to top Go down
http://lbpea.forumotion.net
BLITZ



Number of posts : 181
Registration date : 2011-06-29

PostSubject: Re: 3% SPECIAL ASSESSMENT   Wed Oct 09, 2013 1:20 pm

In any case, the deduction is believed irregular. Assuming that it is really an ASSESSMENT, the purpose for which it is intended to be used - that is to defray operating expenses and other projects of the union - does not fall within the enumeration stated in the earlier post. As cited, ASSESSMENTS shall be reasonable and shall be used for "LABOR EDUCATION AND RESEARCH, MUTUAL DEATH AND HOSPITALIZATION BENEFITS, WELFARE FUND, STRIKE FUND AND CREDIT COOPERATIVE UNDERTAKINGS". Di ata saklaw ang "operating expenses at other projects"....Just a comment anyway and it is up to the members who will judge the propriety of the deduction.... Thank you for the time!
Back to top Go down
BLITZ



Number of posts : 181
Registration date : 2011-06-29

PostSubject: Re: 3% SPECIAL ASSESSMENT   Wed Oct 09, 2013 1:35 pm

These are the applicable provisions which govern the collection of fees and assessments in the government service embodied in the IRR of RA 180 under RULE III RIGHTS AND CONDITIONS OF MEMBERSHIP IN AN EMPLOYEES’ ORGANIZATION:

(l) No special assessment or other extraordinary fees may be levied upon the members of an
employees’ organization unless authorized by a written resolution of a majority of all the
members in a general membership meeting called for the purpose. The secretary of the
employees’ organization shall record the minutes of the meeting including the list of all
members present, the votes cast, the purpose of the special assessment or fees and the
recipient of such assessment or fees. The record shall be attested by the president of the
employees’ organization.
(m) No special assessments, attorney’s fees, negotiation fees or any other similar fees may
be checked off from any amount due to an employee without an individual written
authorization duly signed by the employee. The authorization should specifically state the
amount, purpose and beneficiary of the deduction.

The ratification of the CNA containing the 3% rider fails to satisfy these requirements for the assessment/check-off to be valid...if they insist to deduct the 3%, the same may be assailed and if found to be really invalid, the amount deducted will be charged to the union...
Back to top Go down
sonia
Admin


Number of posts : 1428
Registration date : 2008-12-16

PostSubject: Re: 3% SPECIAL ASSESSMENT   Wed Oct 09, 2013 1:39 pm

LANDBANK OF THE PHILIPPINES EMPLOYEES’ ASSOCIATION
(LBPEA)
(DOLE-CSC Reg. No. 246)
City of Manila, Philippines

AMENDED CONSTITUTION AND BY-LAWS
Ratified on April 2005
(Pursuant to General Membership Resolution No. 2)

TABLE OF CONTENTS

PREAMBLE
Article I Name and Domicile
Article II Declaration of Objectives
Article III Name of Employer and Place of Business
Article IV Membership
Article V Rights, Duties and Dismissal of Members
Article VI National Executive Board
Article VII Unit Representatives
Article VIII Local Chapters
Article IX Regional Board of Governors
Article X Duties and Powers of Officers
Article XI Standing Committees
Special Committees
Article XII Election
Article XIII National Convention and Regular Meetings
Article XIV Fees, Dues, Special Assessments and Other Payments
Article XV Disposition of LBPEA Funds
Article XVI Quorum and Rules of Order
Article XVII Collective Bargaining
Article XVIII Settlement of Internal Disputes
Article XIX Impeachment and Recall
Article XX Affiliation
Article XXI Fiscal Year
Article XXII Amendments
Article XXIII Effectivity

The specific provision which legally authorizes the special assesment is contained in the Amended Constitution and By-Laws of LBPEA Article XIV Section 5:

Section 5. a. Special Assessments or other extraordinary fees shall be made only through a written resolution adopted by a general membership meeting or in a referendum duly called for the purpose.

b. Attorney’s fees for services rendered in handling a case of members, in cases involving the union and during Collective Negotiations may be determined by the NEB subject to the check-off authorization, if so required.


The above CBL was submitted to the DOLE and CSC duly ratified by the members on April 2005.  

I hope this will settle the issue raised on the 3% special assessment.

I truly appreciate your comments Sir Blitz and I admire your demeanor in carefully raising your issue without air of arrogance..matalino ka that is why I mistook you for somebody else I respect so much.

Thanks a lot for taking time to share your views!
Back to top Go down
http://lbpea.forumotion.net
BLITZ



Number of posts : 181
Registration date : 2011-06-29

PostSubject: Re: 3% SPECIAL ASSESSMENT   Wed Oct 09, 2013 4:08 pm

Thanks for the complement...it may be true that the CNA provides for the collection of Special Assessment and Attorney's fees but these provisions, if in conflict with the dictates of the rules/laws particularly RA 180 and its IRR (which appears to be), then the same are not valid, hence, as if were not written at all!

Approval of CSC of the CNA will not necessarily mean that all its provisions are legal for even laws enacted by congress or provisions thereof, in many occasions, were declared invalid because they are contrary to the mandate of the constitution.

We appreciate it much if this matter will be further discussed with the NEB and its lawyer for further study Madam Sonia....Many thanks
Back to top Go down
sonia
Admin


Number of posts : 1428
Registration date : 2008-12-16

PostSubject: Re: 3% SPECIAL ASSESSMENT   Wed Oct 09, 2013 4:35 pm

With all due respect to you Sir Blitz I would like to correct your statement that it was the CNA which provided for the collection of Special assessment and Attorney's fees.  It is the Amended Constitution and By Laws of LBPEA ratified by the members last April 2005.  This CBL was submitted to CSC and the DOLE.  

It is not Republic Act 180 but  Executive Order No. 180 dated June 1, 1987.  This is the Amended Rules and Regulations Governing the Exercise of the Right of Government Employees to Organize or the IRR of EO 180.

RULE III RIGHTS AND CONDITIONS OF MEMBERSHIP IN AN
EMPLOYEES’ ORGANIZATION
Section 1. Rights and conditions of membership in an employees’
organization.

– The following are the rights and conditions of membership in an
employees’ organization:
(a)xxxx
(f) No fees, dues, or other contributions shall be collected or disbursed by an officer, agent or member of an employees’ organization unless authorized by its constitution and by-laws.

I believe the above provision is self-explanatory.

Maraming salamat again Sir Blitz!
Back to top Go down
http://lbpea.forumotion.net
BLITZ



Number of posts : 181
Registration date : 2011-06-29

PostSubject: Re: 3% SPECIAL ASSESSMENT   Wed Oct 09, 2013 5:35 pm

Sonia wrote:
The specific provision which legally authorizes the special assesment is contained in the Amended Constitution and By-Laws of LBPEA Article XIV Section 5:

Section 5. a. Special Assessments or other extraordinary fees shall be made only through a written resolution adopted by a general membership meeting or in a referendum duly called for the purpose.
If this is your legal basis Madam Sonia, and assuming that this provision is valid (because as I have said it is not in harmony with the provision of EO 180) the 3% deduction is not justified. Reason? Special assessments shall be made only though a written resolution adopted by a general membership meeting or referendum duly called for the purpose... Very basic... the requirements to repeat are:
1. written resolution adopted by a general membership meeting, or
2. referendum duly called for the purpose

Now, did the authorization obtained thru that ratification form complied with any of these 2 requirements? Absolutely not because the authorization to deduct was only a rider. The ratification was primarily intended for the amendment of the CNA. Kung baga, ini ride on lang yung deduction which is a "intelligent yet deceptive" mode. If the union is honest enough, they should have prepared a separate form to ratify the deduction only and if majority of the members approve the same, so be it! No questions asked...Got the point?
Back to top Go down
BLITZ



Number of posts : 181
Registration date : 2011-06-29

PostSubject: Re: 3% SPECIAL ASSESSMENT   Wed Oct 09, 2013 6:14 pm

Sonia wrote:
The following are the rights and conditions of membership in an
employees’ organization:
(a)xxxx
(f) No fees, dues, or other contributions shall be collected or disbursed by an officer, agent or member of an employees’ organization unless authorized by its constitution and by-laws.

I believe the above provision is self-explanatory.
The provision cited is not the applicable one...what applies is item (l) and (m) of the same article which specifically touched on SPECIAL ASSESSMENTS which I reproduce, thus:
(l) No special assessment or other extraordinary fees may be levied upon the members of an
employees’ organization unless authorized by a written resolution of a majority of all the
members in a general membership meeting called for the purpose. The secretary of the
employees’ organization shall record the minutes of the meeting including the list of all
members present, the votes cast, the purpose of the special assessment or fees and the
recipient of such assessment or fees. The record shall be attested by the president of the
employees’ organization.


(m) No special assessmentsattorney’s feesnegotiation fees or any other similar fees may
be checked off from any amount due to an employee without an individual written
authorization duly signed by the employee. The authorization should specifically state the
amount, purpose and beneficiary of the deduction.
Back to top Go down
sonia
Admin


Number of posts : 1428
Registration date : 2008-12-16

PostSubject: Re: 3% SPECIAL ASSESSMENT   Wed Oct 09, 2013 6:18 pm

There is substantial compliance as to the requirement of a written resolution of the general membership.  Can you not see that it is physically impossible for all the members to gather for a meeting just to sign a resolution? Where is your point Sir Blitz? There are plethora of decided cases regarding the issue on substantial compliance.

Again I would like to restate my previous post that: Every association, group, church even government for that matter exist primarily because of the support of its members and the people they serve.  This doctrine is very popular in legal parlance, particularly in taxation, known as the "lifeblood doctrine".

LBPEA is supported by its members paying quarterly dues of P100 each since its birth as an Association several years ago until now.  Costs of maintaining the association continue to increase annually but the quarterly dues of the members remained. Thus the LBPEA Officers have difficulty in making both ends meet wherein, aside from the operating expenses, there are requests for financial assistance for calamities, hospitalization and even funeral which needed funds.

As to compliance of the legal requirement for the special assessment under the IRR of EO 180 (f) No fees, dues, or other contributions shall be collected or disbursed by an officer, agent or member of an employees’ organization unless authorized by its constitution and by-laws. The general assembly resolution is a substantial compliance since the collection is specifically provided in the amended CBL.

I have already forwarded to LBPEA NEB your posts.  If you are not satisfied with the decision of the NEB..feel free to exhaust all available remedies.

Salamat po!


Last edited by lbpeavisayas on Thu Oct 10, 2013 9:16 am; edited 1 time in total
Back to top Go down
http://lbpea.forumotion.net
BLITZ



Number of posts : 181
Registration date : 2011-06-29

PostSubject: Re: 3% SPECIAL ASSESSMENT   Wed Oct 09, 2013 6:59 pm

Thanks Madam Sonia for bringing the matter to the attention of NEB for their consideration. No question as to the substantial compliance, the point that I want to drive is the manner in which the ratification was arrived at. It was not solely ratified for the purpose since it was a mere "rider". I doubt if those who affixed their signatures are aware of the said rider because of the eagerness of the information re CNA Incentive. The proper way should have been to ratify the deduction independently and not as rider...I hope we are clear on this.

I understand that the P100.00 quarterly contribution is not enough to sustain the operations of the union...In fact, I am proposing for an increase of this meager amount with the approval of your group and the majority to an amount that you deem appropriate... This, I think, is a better way to raise union funds because it is regular unlike the deduction on the CNA incentive which is only seasonal...What do you think?
Back to top Go down
sonia
Admin


Number of posts : 1428
Registration date : 2008-12-16

PostSubject: 3% SPECIAL ASSESSMENT   Wed Oct 09, 2013 7:49 pm

BLITZ wrote:
Thanks Madam Sonia for bringing the matter to the attention of NEB for their consideration. No question as to the substantial compliance, the point that I want to drive is the manner in which the ratification was arrived at. It was not solely ratified for the purpose since it was a mere "rider". I doubt if those who affixed their signatures are aware of the said rider because of the eagerness of the information re CNA Incentive. The proper way should have been to ratify the deduction independently and not as rider...I hope we are clear on this.

I understand that the P100.00 quarterly contribution is not enough to sustain the operations of the union...In fact, I am proposing for an increase of this meager amount with the approval of your group and the majority to an amount that you deem appropriate... This, I think, is a better way to raise union funds because it is regular unlike the deduction on the CNA incentive which is only seasonal...What do you think?
I cannot thank you enough for your laudable proposal Sir Blitz.  Rest assured that all your posts here will be presented to the NEB next meeting.

I have had so much fun in our healthy exchange of ideas. As I have previously stated I admire so much your manner of getting across your point without being too abrasive.  It takes a great deal of knowledge to be able to do what you just did.  Mabuhay ka Sir Blitz!
Back to top Go down
http://lbpea.forumotion.net
BLITZ



Number of posts : 181
Registration date : 2011-06-29

PostSubject: Re: 3% SPECIAL ASSESSMENT   Mon Mar 03, 2014 12:31 pm

It is good at may gumising sa topic na ito! Bring on Pensar
Back to top Go down
Sponsored content




PostSubject: Re: 3% SPECIAL ASSESSMENT   

Back to top Go down
 
3% SPECIAL ASSESSMENT
View previous topic View next topic Back to top 
Page 1 of 1
 Similar topics
-
» JOAS Special Edition 2008
» JOAS Special Edition 2012
» WTB - First Special Service Force
» 1st Special Service Force Parachute Oval
» [Help] How to make special members bg color like forumotion staffs for phpbb3 forum?

Permissions in this forum:You cannot reply to topics in this forum
LBPEA Visayas :: NEWS ARCHIVE :: LBPEA NEWS :: UPDATE ON BENEFITS-
Jump to: