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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. 
 


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 VALIDITY OF THE 3% SPECIAL ASSESSMENT ON THE 2013 CNA INCENTIVE SCRUTINIZED

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Pensar



Number of posts : 29
Registration date : 2011-06-08

PostSubject: VALIDITY OF THE 3% SPECIAL ASSESSMENT ON THE 2013 CNA INCENTIVE SCRUTINIZED   Sun Mar 02, 2014 1:56 am

Subject: Re: REPORT ON LBPEA NEB MEETING FOR FEBRUARY 2014   Wed Feb 26, 2014 3:22 pm


marky wrote:may deduction po ba ito ng softloan at hmo madam? salamat po.

No HMO or softloan deductions. The deductions will be the 3% CNA special assessment, past due VISA and past due coop loan.


VALIDITY OF THE 3% SPECIAL ASSESSMENT ON  THE  2013 CNA INCENTIVE SCRUTINIZED

Our 2013 CNA incentive credited to our respective deposit accounts on February 27, 2014 is accordingly net of the  3% “special assessment” equivalent to P750.00, hence,  the net proceeds of P24,250.00 per recipient employee.

The LBPEA’s Constitution & By-Laws contains the following relevant provisions on “special assessment, dues and other fees:

ARTICLE XIV – FEES, DUES, SPECIAL ASSESSMENTS AND OTHER PAYMENTS

Section 1.  A one-tie membership fee of ONE HUNDRED PESOS (P100.00) shall be paid by an applicant before he officially becomes a member of the LBPEA.

Section 2.  Every member shall pay regular dues to the LBPEA in the amount of PESOS ONE HUNDRED (P100.00) per quarter or a fraction thereof deducted from his salary or benefit to be received at the start of the quarter.

Section 3.  Non-members who shall receive benefits as a result of the Collective Negotiation Agreement entered into by the LBPEA and the Management shall be charged with an agency fee, the amount of which to be determined by the Executive Board.

Section 4. All amounts collected pursuant to the three (3) preceding sections shall constitute the General Fund  which shall be allotted as follows: thirty percent (30%) for the operational expenses; twenty percent (20%) for the local chapter; twenty percent (20%) for education and research; fifteen percent (15%) for organizational expenses and fifteen percent (15%) for general assistance.

 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.
 
As far as most of us can recall,  no written resolution was adopted by LBPEA’s general membership nor a referendum called for the purpose of making special assessment was undertaken prior to the release of the 2013 CNA incentive.
 Clear enough ,the special assessment was applied to our 2013 CNA  incentive in blatant disregard of the requirements  in Section 5, Art. XIV of LBPEA’s Constitution & By-Laws.  
 To some, P750.00 may be an insignificant amount.  On a macro-scale however, this may translate to a whooping SIX MILLION (P6,000,000.00) PESOS (P750.00 x 8,000*  [*- conservative estimate on the number of CNA incentive recipients]). 
 Section 4, Art. XIV, Constitution & By-Laws of the LBPEA provides that proceeds collected pursuant to sections 1-3 of of Art. XIV,  Constitution & By-Laws constitute the General Fund.  “Special Assessment” is not one of those enumerated that constitutes the general fund.   While Section 4, Art. XIV explicitly provides how the general fund shall be allotted for disbursement, nowhere in the entire Constitution and By-Laws stipulates how proceeds from “special assessment” shall be specifically disbursed.   


This is the spirit of Section 5 why there is a need for stringent requirement in the form of either “written resolution adopted by the general membership or a referendum called for the purpose” before any “special assessment” or “extraordinary fees” may be made. Either of the two requirements may lay down  the pertinent particulars which I suppose shall include, among others, justifications,  fee rate, manner of collection (i.e. how and when) and purpose of the proceeds.
A belated written resolution or referendum will not cure the defect.  Either of which is a pre-requisite rather than a post-release requirement. 
Section 5 was so couched in such a manner so as to imply strict interpretation against the  making of any “special settlement”/extraordinary fees rather than resolve doubts in favor therefor.       
In sum, the P750.00 deduction per recipient of the 2013 CNA incentive representing 3% special assessment was without valid basis, thus, subject for refund.





































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sonia
Admin


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

PostSubject: Re: VALIDITY OF THE 3% SPECIAL ASSESSMENT ON THE 2013 CNA INCENTIVE SCRUTINIZED   Mon Mar 03, 2014 11:00 am

I have already informed Director Vita Maligad who is assigned in your area about your concern and I also faxed to Pres. Allan your message for him to officially comment.  

However as you may know, we have a general assembly resolution last year on this 3% Special Assessment on CNA Incentive which was deducted to the proceeds of 2011 and 2012.


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sonia
Admin


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

PostSubject: Re: VALIDITY OF THE 3% SPECIAL ASSESSMENT ON THE 2013 CNA INCENTIVE SCRUTINIZED   Mon Mar 03, 2014 4:59 pm

Below is a copy of the General Assembly Resolution ratified by more than majority of the LBPEA members last year.

The 2nd paragraph of this General Assembly Resolution is the legal basis of the 3% Special Assessment on the CNA Incentive that authorizes deductions which may be derived from and during the effectivity of this Agreementxxx


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BLITZ



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

PostSubject: Re: VALIDITY OF THE 3% SPECIAL ASSESSMENT ON THE 2013 CNA INCENTIVE SCRUTINIZED   Mon Mar 03, 2014 6:31 pm

I think this is the applicable provision of rule/law that governs the 3% deduction from our CNA incentive. It is pursuant to the provisions of Sec. 15 of EO No. 180 governing the exercise of the right of government employees to self-organization, thus:
 
"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:
 
(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."
 
Applying the above provision in this case, there are requisites before a union may validly check off the 3% from the CNA Incentive: 1) individual written authorization signed by the employee; and 2) specific statement of the amount, purpose and beneficiary of the deduction,


 which were not complied.
 
Even assuming compliance of these requirements since there was a ratification made through the pro-forma that was prepared by LBPEA, the manner in obtaining the authorization was "VITIATED". In a case decided by the Supreme Court, it  declared as illegal the check-off of P42 M economic benefits package for union dues and special assessment and ordered the amount returned to the members because the same rightfully belongs to them. It reasoned that  the inclusion of the authorization for a check-off of union dues and special assessments for Educational Fund and Attorney's Fees, in the same document for ratification of the MOA granting the P42 Million economic benefits package, necessarily vitiated the consent of the union members.
 
  " For sure, it is fairly reasonable to assume that no individual member of USTFU would casually turn down the substantial and lucrative award of P42 million in economic benefits under the MOA. However, there was no way for any individual union member to separate his or her consent to the ratification of the MOA from his or her authorization of the check-off of union dues and special assessments.  As it were, the ratification of the MOA carried with it the automatic authorization of the check-off of union dues and special assessments in favor of the union.  Such a situation militated against the legitimacy of the authorization for the P4.2 million check-off by a majority of USTFU membership.  Although the law does not prescribe a particular form for the written authorization for the levy or check-off of special assessments, the authorization must, at the very least, embody the genuine consent of the union member." (Mariño, et.al. vs Gamilla, et.al.,  G.R. No. 149763, July 7, 2009)    
 
HENCE, THE MANNER IN OBTAINING THE 3% CNA INCENTIVE IS VITIATED AND THEREFORE IS ILLEGAL.
 


Last edited by BLITZ on Mon Mar 03, 2014 6:41 pm; edited 1 time in total
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sonia
Admin


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

PostSubject: Re: VALIDITY OF THE 3% SPECIAL ASSESSMENT ON THE 2013 CNA INCENTIVE SCRUTINIZED   Mon Mar 03, 2014 6:39 pm

You bring your case to the proper forum Atty Blitz you know the rules. LBPEA has a legal counsel who will be ready to face you anytime. Before it was circulated, it passed through his scrutiny for legal sufficiency.

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BLITZ



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

PostSubject: Re: VALIDITY OF THE 3% SPECIAL ASSESSMENT ON THE 2013 CNA INCENTIVE SCRUTINIZED   Mon Mar 03, 2014 6:43 pm

I will call your challenge Madam Sonia...you have knowledge in law and the citation that i have indicated is applicable to our case...tell that to your group!
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BLITZ



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

PostSubject: Re: VALIDITY OF THE 3% SPECIAL ASSESSMENT ON THE 2013 CNA INCENTIVE SCRUTINIZED   Mon Mar 03, 2014 6:47 pm

The problem with us is that we don't hear and accept the views of our colleagues even if there is basis on what they are saying! Not a good leadership style...Sorry!
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BLITZ



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

PostSubject: Re: VALIDITY OF THE 3% SPECIAL ASSESSMENT ON THE 2013 CNA INCENTIVE SCRUTINIZED   Tue Mar 04, 2014 3:09 pm

To LBPEA members who are in agreement with my stand on the CNA check-off, I contemplating to formally raise the issue confronting us if only to settle once and for all the matter. Please comment if you will support the move...Thank you very much!


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Xela



Number of posts : 4
Registration date : 2013-10-01

PostSubject: Re: VALIDITY OF THE 3% SPECIAL ASSESSMENT ON THE 2013 CNA INCENTIVE SCRUTINIZED   Wed Mar 05, 2014 3:04 pm

with due respect to the LBPEA NEB & madam Sonia, as long as nandyan yong legal basis, I will support your stand atty blitz, at sana naman huwag masamain nang pamunuan ng LBPEA at Ma'am Sonia kong may isang atty blitz na  ipinaglalaban ang karapatan nang nakakarami at lalo na kong sa ikakabuti naman nang bawat miembro, MABUHAY KA ATTY BLITZ sa malasakit mo sa karamihan at sa maliliit na miembro ng union, may your tribe multiplied
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sonia
Admin


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

PostSubject: Re: VALIDITY OF THE 3% SPECIAL ASSESSMENT ON THE 2013 CNA INCENTIVE SCRUTINIZED   Wed Mar 05, 2014 3:56 pm

Xela wrote:
with due respect to the LBPEA NEB & madam Sonia, as long as nandyan yong legal basis, I will support your stand atty blitz, at sana naman huwag masamain nang pamunuan ng LBPEA at Ma'am Sonia kong may isang atty blitz na  ipinaglalaban ang karapatan nang nakakarami at lalo na kong sa ikakabuti naman nang bawat miembro, MABUHAY KA ATTY BLITZ sa malasakit mo sa karamihan at sa maliliit na miembro ng union, may your tribe multiplied

With all due respect to Atty. Blitz, I admit I lost my objectivity when he revived the issue and I apologize for my mistake.  

Actually before the 2011 and 2012 CNA Incentives were given last year, I raised during the Board Meeting the issue of Atty. Blitz in this website so the NEB supposedly decided to suspend the giving of CNA incentive until the issue is resolved.  But then the NEB Director assigned in the area of Atty. Blitz was able to talk to him I dont know what made him withdrew.  It should have been the proper forum to initially consider his complaint. I thought all the while that the issue was closed.  So when he brought it up again I was pissed off although I was wrong I should have kept an  open-minded view of his point.

Despite everything, I still raised the issue to Pres. Allan and to the NEB Director yesterday.  We will be taking up again this issue next week during the NEB Meeting and I hope Atty. Blitz and Pensar would formally raise in written form this issue to the NEB by then.

Thank you!
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