LANDBANK OF THE PHILIPPINES EMPLOYEES’ ASSOCIATION
(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
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
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
We the employees of the Land Bank of the Philippines, in order to promote our moral, social and economic well-being; protect and uphold individual and collective rights; and foster harmonious and progressive employee-management relation; do hereby ordain and promulgate these Constitution and By-Laws.
ARTICLE I – NAME AND DOMICILE
Section 1. The organization shall be known as the LAND BANK OF THE PHILIPPINES EMPLOYEES’ ASSOCIATION, hereinafter referred to as the LBPEA.
Section 2. The LBPEA shall be domiciled at the Land Bank of the Philippines with its principal address at the LBPEA Office, Land Bank Plaza, 21st Floor 1598 M. H. del Pilar corner Dr. Quintos and Mabini Sts. Malate, Manila.
ARTICLE II – DECLARATION OF OBJECTIVES
The LBPEA commits itself to the pursuit of the following objectives:
Section 1. To represent the employees in collective negotiation with management with respect to salaries, wages and other benefits; hours of work and other employment terms and conditions.
Section 2. To promote the moral, social and economic well-being of all members.
Section 3. To protect and uphold the members’ individual and collective rights, through legal, rational and peaceful process.
Section 4. To foster harmonious and progressive employee-management relationship.
Section 5. To work for the adoption of legislation, policies and measures that will uplift the economic and social status of its members, in particular, and of government employees in general.
Section 6. To promote the enlightenment of all members in regard to their rights and obligations as LBPEA members and as government employees, the present labor relations systems, the existing Collective Negotiation Agreement (CNA), and all other matters that directly or indirectly affect them.
Section 7. To improve the quality of service to the people and act as the people’s guardian against irregularities in the Bank.
ARTICLE III – NAME OF EMPLOYER AND PLACE OF BUSINESS
Section 1. The name of employer is the Land Bank of the Philippines, a government owned/controlled corporation, engaged in universal banking, with principal place of business at Land Bank Plaza, 1598 M.H Del Pilar corner Quintos and Mabini Sts., Malate, Manila
ARTICLE IV – MEMBERSHIP
Section 1. Every rank-and-file employee of the Land Bank of the Philippines, holding the position of Chief of Division and below, not otherwise disqualified by law, is eligible for membership in the LBPEA regardless of sex, race, nationality, religious or political belief or affiliation.
Section 2. Qualified employees therein may become members of the LBPEA by written application, approved by the Pesident, upon the recommendation of the Membership & Discipline Committee and upon payment in full of the required membership fee.
Section 3. A member in good standing is one who has paid the required membership fee and quarterly dues and has not violated any provision of these Constitution and By-Laws and other such policies, measures, resolutions, decisions and rules and regulations of the LBPEA. Membership in the LBPEA shall cease for any of the following causes:
(a) Withdrawal. Any member may withdraw his membership through a written resignation to be approved by the President upon the recommendation of the Membership & Discipline Committee.
(b) Expulsion. Membership may be terminated by expulsion of the member who willfully violates any provision of these Constitution and By-Laws or the rules, regulations, measures, resolutions and decisions of the LBPEA. The complaint shall be referred to the Membership & Discipline Committee who shall recommend the appropriate action to the National Executive Board. Upon two-third (2/3) votes of the National Executive Board, it shall decide the case within seven (7) banking days from receipt of the recommendation from the Membership & Discipline Committee.
(c) Disqualification. Membership shall automatically cease when a member is promoted to the level of a Bank Officer or when he is no longer employed at the Bank.
ARTICLE V – RIGHTS, DUTIES AND DISMISSAL OF MEMBERS
Section 1. The following are the rights of all members in good standing:
(a) To oppose the imposition of excessive fines and arbitrary forfeitures;
(b) To demand for full and detailed reports from the officers of all financial transactions and other activities of major concern;
(c) To determine by secret ballot, after due deliberation, any question on major policies affecting the entire membership of the LBPEA, unless its nature or force major renders such secret ballot impractical, in which case the Executive Board may take the decision on behalf of the general membership;
(d) To be informed about the provisions of these Constitution and By-Laws, collective negotiation agreement, prevailing labor system as well as the rights and obligation of government employees under existing labor laws;
(e) To actively participate in the electoral process to cast his vote and seek elective position subject to the provisions of Section 4, Article XII;
(f) To seek assistance of the LBPEA to represent him of his unit in settlement of disputes with Management, subject to evaluation of the Executive Board.
Section 2. The following are the duties of the members:
(a) To uphold and defend the Constitution and By-Laws of the LBPEA;
(b) To abide by the policies, measures, resolutions, decisions, rules and regulations duly promulgated by the LBPEA;
(c) To promptly pay all fees, dues and other contributions that may be required by the LBPEA;
(d) To actively participate during the deliberations during meetings and in the electoral process; and
(e) To cooperate with the duly elected officers in their endeavors to attain the objectives of the LBPEA.
ARTICLE VI – NATIONAL EXECUTIVE BOARD
Section 1. The governing body of the LBPEA shall be the National Executive Board of Directors which shall be composed of the President, Internal Vice President, External Vice President, Secretary General, National Treasurer, Assistant National Treasurer, National Auditor and twelve (12) directors --- 6 of them shall come from Head Office and the remaining six (6) shall come from Central Luzon, Northern Luzon, Visayas, Northern Mindanao and Southern Mindanao, who shall all be elected at large through a secret ballot by the general membership.
Section 2. The Executive Board shall administer LBPEA affairs, formulate policies and implement programs to effectively carry out the objectives of the LBPEA and manage all the monies and properties of the LBPEA.
Section 3. The Executive Board shall hold office for a period of five (5) years from the start of the fiscal year immediately preceding the last election and until their successors shall have been duly elected and qualified.
Section 4. When a vacancy occurs in the National Executive Board by reason of death, incapacity, disqualification, removal or resignation, the Board constituting a quorum shall fill the said vacancy. If the vacant position is that of President, the successor should be the Internal Vice President; if the vacant position is that of Internal Vice President, his successor shall be the External Vice President; if the vacant position is that of External Vice President, his successor shall be the Secretary General. However, if the vacant position is that of any other office, the successor shall come from the remaining members of the National Executive Board based in the Head Office. If the vacant position is that of a Board Director based in Head Office, the successor shall be appointed from among the Unit Representatives. If the vacant position is that of a Board Director based in the province, the successor shall be appointed from among the Regional Governors based in the same area. The appointee shall hold office of his predecessor or until a special election is authorized by the National Executive Board or the general membership.
ARTICLE VII – UNIT REPRESENTATIVES
Section 1. There shall be one (1) Unit Representative in every Unit/Department with at least five (5) up to a maximum of thirty (30) members. If the maximum number of members therein exceeds by five (5), the said Unit/Department shall be entitled to another one (1) Unit Representative.
Section 2. A Unit Representative shall be elected by direct vote through secret ballot by the members in his respective Department or Unit located at the Head Office. Election of Unit Representatives shall be held simultaneously with the election of the members of the National Executive Board.
Section 3. A Unit Representative shall hold office for a period of five (5) years from the start of the fiscal year immediately after the last elections and until his successor shall have been duly elected and qualified. However, in the event of vacancy by reason of death, incapacity, disqualification, removal, resignation of transfer to another Unit of the Bank; or upon written petition of at least 30% of the members in a particular unit; the National Executive Board may conduct a special or earlier election in the Unit, or require a vote of confidence of majority of the members in favor of the incumbent. In case a new Unit Representative is elected, he shall serve for the un-expired portion of the term of his predecessor
Section 4. The duties and responsibilities of a Unit Representative shall include the following:
(a) To bring to the attention of a particular committee or of the National Executive Board the problems, complaints, suggestions or opinions of the members in his unit when in his judgment such are valid;
(b) To explain to the members of his unit the policies, decisions, rules and regulations of the LBPEA;
(c) To attend and represent the interests of the members in his unit during meetings called by the LBPEA or by Management and in all matters in which his representation is necessary; and
(d) To administer and execute pertinent resolutions and/or activities of the LBPEA within his unit.
Section 5. Removal of Unit Representative.
A unit representative may be removed by reason of his willful neglect of duties as enumerated above and by his failure to attend the meetings called by the LBPEA for three consecutive times. The complaint shall be referred to the Membership and Discipline Committee who shall recommend the appropriate action to the National Executive Board. Upon two-third (2/3) votes of the National Executive Board, it shall decide the case within seven (7) banking days from receipt of the recommendation from the Membership & Discipline Committee.
ARTICLE VIII – LOCAL CHAPTER
Section 1. At least (5) members in a Branch / Unit of the Bank shall constitute a Local Chapter. A member belonging to a Branch/Unit which does not qualify as a chapter shall be considered as a member of the Local Chapter in the Branch/Unit that is most proximate or accessible to him until such time that his Branch/Unit shall be qualified to be a Local Chapter.
Section 2. The Local Chapter shall be the governing arm of the LBPEA in each Branch/Unit. The Officers of the Local Chapter shall be composed of the Governor, Vice-Governor, Secretary, Treasurer and Auditor.
Section 3. Election of Chapter Officers shall be held simultaneously with the election of the members of the National Executive Board.
Section 4. Chapter Officers shall hold office for a period of five (5) years from the start of the fiscal year immediately after the last election and until their successors have been duly elected and qualified. When a vacancy occurs in a local chapter by reason of death, incapacity, disqualification, removal, resignation or transfer to another Unit of the Bank by a Chapter officer; the local Board constituting a quorum shall fill the said vacancy. If the vacant position is that of Governor, the Vice-Governor shall exercise the powers and perform the duties and functions of the former, in a concurrent capacity; if that of any other office, the local Board constituting a quorum may hold a special election within the chapterfor the particular vacant position. In case of the simultaneous incapacity of the Governor and Vice-Governor, the National Executive Board may conduct special or earlier election in the Chapter. In case a new Chapter officer is elected, he shall serve for the un-expired portion of the term of his predecessor.
Section 5. The Local Chapter shall have full control in the management of its fund, subject to the usual accounting and auditing rules and regulations.
ARTICLE IX – REGIONAL BOARD OF GOVERNORS.
Section 1. Governors of the Local Chapters within each geographical-regional grouping of the Bank, to be defined by the National Executive Board, shall elect from among themselves the members to the Regional Board of Governors. A regional Board of Governors shall be composed of the Regional Governor and Regional Vice Governor and three (3) Board Members.
Section 2. Election of the Regional Board of Governors shall be held within ninety (90) days upon assumption of office of the Local Chapter Officers.
Section 3. The duties and responsibilities of the regional Board of Governors shall include the following:
(a) To represent the members of Branches/Units within its respective geographical-regional groupings in all meetings, conferences and affairs where its representation is necessary;
(b) To administer and execute pertinent resolutions, plans, programs and/or activities of the LBPEA within its respective region;
(c) To carry out such other functions as may be deputized to it by the National Executive Board; and
(d) To address the concerns and complaints of the members in the said region and when deemed appropriate, direct the same to the Board of Director who has the geographical jurisdiction over the area.
Section 4. The Regional Governors shall be ex-officio representatives to the National Convention.
Section 5. Removal of Regional Governor / Regional Board Member. A Regional Governor / Board Member may be removed by reason of his willful neglect of duties as enumerated above and by his failure to attend the meetings called by the LBPEA for three consecutive times. The complaint shall be referred to the Membership & Discipline Committee who shall recommend the appropriate action to the National Executive Board. Upon two-third (2/3) votes of the National Executive Board, it shall decide case within seven (7) banking days from receipt of the recommendation from the Membership & Discipline Committee.
ARTICLE X – DUTIES AND POWERS OF OFFICERS
Section 1. The President shall be the Chief Executive Officer of the LBPEA. His duties and powers shall include the following:
a. Preside over the National Convention and all regular or special meetings and deliberations of the Executive Board, unit representatives or general membership;
b. Direct and supervise the overall activities of the LBPEA;
c. Represent the LBPEA on all occasions and in all matters in which representation of the LBPEA may be agreed upon or required;
d. Call special meetings of the LBPEA or the Executive Board whenever he deems necessary or upon written request of at least thirty percent (30%) of all unit representatives or the general membership or a majority of the members of the Executive Board.
e. Serve and act as principal signatory in all transactions involving the LBPEA which have been approved by the Executive Board except in the disbursements of funds where the signature of the National Treasurer shall also be needed;
f. Appoint Chairpersons of the Standing Committees and Special Committees/Task Forces with the concurrence of the majority of the members of the Executive Board;
g. Submit annual reports to the general membership; and
h. Act as ex officio rank-and-file employee representative in all Management-Created Committees/Bodies, including but not limited to the Provident Fund Board, Selection Board, Labor-Management Committee, Health & Safety Committee, Uniform Committee, and Committee on Decorum and Investigation.
i. Act as Chairman of the Labor Panel in Collective Negotiations.
Section 2. The Internal Vice-President shall exercise the powers and perform the duties and functions of the President in case of the latter’s absence, disability, death, resignation or disqualification. His duties and functions shall include the following:
a. Assist the President in the performance of the duties and functions of the latter;
b. Act as Chairperson of the Committee on Grievance;0
c. Carry out such other functions as may be deputized by the President; and
d. Act as ex-officio member representing rank-and-file employees in the Provident Fund Board of Trustees
Section 3. The External Vice-President shall exercise the powers and perform the duties and functions of the Internal Vice-President in case of the latter’s absence, disability, death, resignation or disqualification. His duties and functions shall include the following:
a. Represent the Union in its external affairs such as forging alliance with different unions, organizations and associations within and outside the Bank;
b. Assist the President in the performance of the duties and functions of the latter; and
c. Carry out such other functions as may be deputized by the President.
Section 4. The Secretary General is the overall administrator of day-to-day operations and organizational affairs of the LBPEA. Relative thereto, he shall perform the following:
a. Monitor and coordinate the overall activities of the various Committees through their respective Chairpersons and of all units through their respective Unit Representatives, Local Chapter Officers or Regional Board of Governors;
b. Set priorities in the agenda for the meetings of the Executive Board, representative assembly or the general membership and insure the presence of the members of either body in the meetings;
c. Act as official custodian of all records and documents of the LBPEA and maintain an updated Register of all members;
d. Take charge of the documentation of all meetings of the Executive Board and the general membership; and
e. In case of the simultaneous incapacitation of the President and the Vice Presidents, the Secretary General shall exercise the powers and perform the duties of the President. The majority vote of the remaining members of the Executive Board may call for special elections in case the unexpired portion of the term of the President is more than one (1) year.
Section 5. The National Treasurer shall exercise general administration and supervision of all financial matters of the LBPEA. Relative thereto, he shall perform the following functions:
a. Receive all funds and revenues collected and turned over to him for safekeeping;
b. Deposit the funds of the LBPEA in a bank selected by the Executive Board, except such amount as petty cash or revolving fund or for similar purpose which the President or the Executive Board may direct;
c. Disburse properly the funds in accordance with the accepted principles of accounting practices;
d. Keep a record of all receipts and expenditures;
e. Countersign with the President or Vice-Presidents, or in their absence, the Secretary General, all disbursements of funds, including issuance and signing of checks, credit notes, withdrawal slips, money orders and all other documents evidencing monetary obligations of the LBPEA;
f. Cause the preparation of an annual LBPEA budget for approval of the Executive Board; and
g. Submit to the general membership and Executive Board semi-annual financial reports within the first week preceding the last semester and annual financial reports within ninety (90) days after the close of the calendar year; or upon vacating his office or dissolution of the LBPEA for any cause. The reports shall be duly certified by the National Auditor.
Section 6. The Assistant National Treasurer shall exercise the powers and perform the duties and functions of the National Treasurer in case of the latter’s absence, disability, death, resignation or disqualification. His duties and functions shall include the following:
a. Assist the National Treasurer in the performance of the duties and functions of the latter.
b. Act as Alternate signatory of the National Treasurer; and
c. Carry out such other functions as may be deputized to him by the National Treasurer.
Section 7. The National Auditor shall undertake the following:
a. Audit the books of the LBPEA at least once every quarter and certify the financial reports of the Treasurer;
b. Verify and examine the book of accounts of the LBPEA in accordance with existing accounting and auditing procedures;
c. Submit periodic audit reports; and
d. Make the necessary recommendations to the Executive Board through the President on the steps and procedures that have to be adopted for the efficient and safe financial operations of the LBPEA.
Section 8. The Directors shall have the following duties and responsibilities:
a. Actively participate in the implementation of the policies, plans and programs formulated by the Executive Board;
b. Head or be a member of the Standing Committees;
c. Represent the LBPEA together with the President in Management-Crated Committees/Bodies, including the Provident Fund Board and Selection and Promotions Committee, as may be agreed upon by the Executive Board; and
d. Exercise such other functions and duties as may be directed, requested or delegated by the President or by the Executive Board.
Section 9. The officers of the LBPEA shall not be paid any salary. Mere application by any LBPEA Officer for a promotion to the level of a Bank Officer shall be considered resignation. Any officer of the LBPEA who is offered and in turn accepts a recommendation for his promotion to the level of a Bank Officer even in an Acting Capacity, shall be considered automatically resigned.
ARTICLE XI – STANDING / SPECIAL COMMITTEES
Section 1. The president shall appoint the Chairpersons of all Standing Committees from among the Directors except that of the Committee on Grievance which shall be headed by the Internal Vice-President. In case the number of Directors is less than the number of Standing Committee or the Chairperson of a particular Standing Committee cannot for a reason, perform his duties, the President may appoint from among the Unit Representatives. All appointments shall be subject to confirmation of the Executive Board. The Chairperson shall then appoint the members of his Committee subject to confirmation of the Executive Board.
Section 2. The Standing Committees shall be composed of the following:
a. Membership & Discipline Committee. This Committee shall receive applications for membership and make recommendations thereon to the Executive Board for membership acceptance or denial. It shall implement such rules, regulations and decisions as may be promulgated by the Executive Board for the admission, expulsion or suspension of members in the LBPEA
b. Committee on Grievance. This Committee shall assist in the presentation and settlement of the members’ grievances internally or with Management, subject to pertinent provisions of the existing Collective Negotiation Agreement (CNA).
c. Committee on Labor Education and Research. This Committee shall prepare, adopt and implement labor education activities that will promote the enlightenment of the members on the prevailing labor relations systems, the provisions of these Constitution and By-Laws, the existing CNA, and all labor legislations rules, issuances and policies that affect the members directly or indirectly.
d. Committee on Collective Negotiations. This Committee shall conduct research and gather all data as may be necessary in collective negotiations. It shall assist the LBPEA negotiating panel in the preparation of all necessary papers, documents and materials in collective negotiations and in the administration of the existing CNA.
e. Committee on Finance. This Committee shall be responsible in the generation of funds for the operation of the LBPEA. It shall formulate and recommend finance policies for the efficient performance of its functions subject to approval of the Executive Board.
f. Information and Public Affairs Committee. This Committee shall take charge of developing an efficient information system for the LBPEA as well as of the social and public relation functions thereof. It shall keep the members of the LBPEA duly informed on issues affecting themselves, the community and the nation and shall encourage them to express their views thereon either through LBPEA publications, letter-circulars, memoranda or manifestoes. It shall also coordinate the membership on any peaceful concerted activities to be undertaken.
g. The Cultural, Social& Sports Committee. This Committee shall take charge of the spiritual, moral, intellectual, social, physical and athletic development of the members. It shall prepare a program of activity related to its concerns subject to the confirmation of the Executive Board.
Section 3. Special Committees / Task Forces may be created by the Executive Board from time-to-time to attend to special tasks / activities of the LBPEA. A Special Committee / Task Force shall be headed by a Chairperson who shall be appointed by the President subject to confirmation by the Executive Board. The Chairperson shall appoint the members of his group subject to confirmation also of the Executive Board.
For efficient and effective performance of the Special Committee / Task Force functions, no persons shall be appointed to head more than one Special Committee / Task Force. Likewise, no person shall be appointed as member to more than two (2) Special Committees / Task Forces at any given time. The Special Committees / Task Forces created are co-terminus with the particular tasks / activities for which these were created.
Section 4. Management-Created Committees/Bodies wherein representatives from the Rank-and-file employees are allowed include but not limited to the Provident Fund Board, Selection and promotions Board, Labor-Management Committee, Employee-Management Committee and Committee on Decorum and Investigation. Representatives to these Committee/Bodies shall come from the Executive Board.
ARTICLE XII – ELECTION
Section 1. A Commission on Election (COMELEC) which is composed of a Chairman and four (4) members, shall be created by the National Executive Board at least forty (45) days before any regular or special election. The Chairman and members of the COMELEC shall be members of the LBPEA in good standing and must be known as persons of integrity and probity. The COMELEC may deputize any three (3) members per local Chapter to compose the Electoral Committee which shall act for and its behalf on any matter falling under its jurisdiction or within the scope of its office. The COMELEC shall automatically be dissolved sixty (60) days after the duly elected members of the Regional Board of Governors are proclaimed.
Section 2. The functions of the COMELEC shall include the following:
a. Adopt its own Rules and Regulations
b. Pass upon qualifications of candidates;
c. Rule and decide on all election questions or protests;
d. Act as Board of Inspectors and canvassers; and
e. Proclaim duly elected officers.
Section 3. Regular election of the members of the National Executive Board shall be held on the second week of November and every five (5) years thereafter. The election of all Unit representatives and Local Chapter officers shall be held simultaneously with the election of the members of the National Executive Board.
Section 4. Candidates for elective positions must be members in good standing for a period of at least one (1) year on the date of the election.
Section 5. Voting shall be by secret balloting and the election shall be decided on the plurality of votes.
Section 6. The newly elected officers within one (1) week following their proclamation shall meet with the outgoing officers at which time the outgoing officers shall turnover all records and properties to the new officer.
ARTICLE XIII – NATIONAL CONVENTION AND REGULAR MEETING
Section 1. The LBPEA shall hold at least one (1) National Convention every five (5) years. The delegates to the National Convention shall be the following:
a. National Executive Board of Directors;
b. Chairpersons of National Committees;
c. Chairpersons and Vice-Chairpersons of all Regional Board of Governors;
d. Sectoral Representatives (elected by Unit Representatives at the Head Office, belonging to their respective Sectors). The number of Sectoral Representatives shall be determined by the National Executive Board.
Section 2. Regular meetings of Unit Representatives shall be held at least once every three (3) months with appropriate notice to be sent by the Secretary General prior to such meeting. The date, time and place of the meeting shall be determined by the National Executive Board.
Section 3. Regular meetings of the Executive Board shall be held on the second (2nd) Friday of every month with appropriate notice to be sent by the Secretary General to each member of the Board at least three (3) days prior to such meeting. The time and place of the meeting shall be determined by the President. The meeting shall preferably be held in the LBPEA office.
Section 4. A special meeting of Unit Representatives or the Executive Board may be called at any time by the President, upon request of majority of the members of the Executive Board or upon written petition addressed to the President of at least thirty percent (30%) of all Unit Representatives.
Section 5. The notice meeting whether it be of the Unit Representatives or Executive Board, regular or special shall contain the item or items to be discussed and shall constitute the Agenda may be taken up upon recommendation of majority of the members present and constituting a quorum.
Section 6. Regular meetings of the local chapter shall be held on the second (2nd) Friday of every month with appropriate notice to be sent by the Secretary to each appropriate notice to be sent by the Secretary to each member of the local chapter at least three (3) days prior to such meeting. The time and place of the meeting shall be determined by the governor.
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.
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.
Section 6. A member who shall be two (2) quarters in arrears in the payments of his regular quarterly dues or who twice fails to pay the special assessments, fines or other payments required to be made shall cease to be a member in good standing and may be subjected to disciplinary action. In the event of sickness, leave of absence without pay and other similar causes, the Executive Board may excuse non-payment or defer collection to be kept and maintained.
Section 7. Every payment of fees, due or other contributions by a member shall be evidenced by a receipt signed by the National/Chapter Treasurer or his duly authorized representative making the collection and entered into the records of the LBPEA to be kept and maintained.
Section 8. Every expenditure of the LBPEA’s funds shall be evidenced by a receipt from the person to whom the payment is made which shall state the date, place and purpose of such payment. Such receipt shall form part of the financial records of the LBPEA.
Section 9. The Book of Accounts and other records of the financial activities of the LBPEA shall be open for inspection by any officer or member at anytime during office hours.
Section 10. Regular monthly dues collected from a member belonging to branch or field unit shall be retained at the local chapter where he is a registered member.
ARTICLE XV – DISPOSITION OF LBPEA FUNDS
Section 1. In case of voluntary dissolution of the LBPEA or final cancellation of its registration certificate, the LBPEA members shall enjoy preferential right over the LBPEA properties in which case the said properties are offered to non union members and the proceeds therefrom, together with the balance of the LBPEA funds, shall be distributed pro-rata to its members, depending on the amount of the membership dues contributed to the LBPEA. The Dept. of Labor and Employment may be consulted to settle difference of opinion.
ARTICLE XVI – QUORUM AND RULES OF ORDER
Section 1. Except when a greater proportion is required herein or by law, a majority vote shall prevail at meetings and deliberations of the LBPEA. A majority of the members of a particular body shall constitute a quorum to officially transact any business.
ARTICLE XVII – COLLECTIVE NEGOTIATIONS
Section 1. Collective Negotiations for and in behalf of the general membership shall be undertaken by a Negotiating Panel, the members of which shall be appointed by the President subject to confirmation of the Executive Board. The President shall be the Chairman of the Labor Negotiating Panel.
ARTICLE XVIII – SETTLEMENT OF INTERNAL DISPUTES
Section 1. Disputes involving LBPEA members or officers shall be made in writing and submitted to the President who shall undertake to have them settle their difference amicably.
Section 2. In the event of failure to settle the dispute amicably, the President shall pass on the dispute to the Committee on Grievance which shall undertake to investigate or hear the case on merits.
Section 3. The Committee on Grievance shall require the respondents within five (5) days from the date of aforementioned confrontation of the parties to reduce their answers in writing. Thereafter, both sides shall be entitled to a hearing.
Section 4. After proper evaluation of evidences submitted, the Committee on Grievance shall render its written decision on the dispute within fifteen (15) days from termination of the hearing.
Section 5. Decisions of the Committee on Grievance shall become final unless appealed to the general membership within ten (10) days from receipt of a copy of the decision of the Committee.
ARTICLE XIX – IMPEACHMENT AND RECALL
Section 1. Any of the following shall be ground for the impeachment or recall of the LBPEA officers:
a. Committing or causing the commission directly or indirectly of acts against the interest and welfare of the LBPEA;
b. Malicious attack against the LBPEA, a fellow officer or any member;
c. Gross misconduct unbecoming of an LBPEA officer;
d. Misappropriation of LBPEA funds and property; (This is without prejudice to the filing of an appropriate criminal or civil action against the responsible officer or officers by any interested party.)
e. Willful violation of any provision of these Constitution an By-laws or of rules, regulations, measures, resolutions and decisions of the LBPEA; and
f. Willful neglect of the duties and functions of his office.
Section 2. The following procedure shall govern impeachment and recall proceedings:
a. Impeachment or recall proceedings shall be initiated by a formal petition or resolution signed by at least thirty percent (30%) of all members in good standing and addressed to the President. If the President is included in the petition for impeachment, the petition may be addressed to the Chairperson of the Committee on Membership & Discipline.
b. The President (or Chairperson of the Committee) shall then convene a general membership meeting to consider the impeachment or recall of an officer or a group of officers.
c. The LBPEA officers impeached shall automatically be considered resigned or ousted from office and shall no longer be qualified for election nor appointed to any position in the LBPEA.
d. The LBPEA officers impeached shall ipso facto be considered resigned or ousted from office and shall no longer be qualified for election nor appointment to any position in the LBPEA.
e. The vote of a majority of all the members shall be required to impeach or recall LBPEA officers. The decision of the general membership on the impeachment or recall charge shall be final and executory.
ARTICLE XX – AFFILIATION
Section 1. Upon recommendation of the Executive Board, with the approval of the general membership, the LBPEA may affiliate with an organized body of government employees or workers.
ARTICLE XXI – FISCAL YEAR
Section 1. The LBPEA’s fiscal year shall commence on January 1 and end on December 31 of every year.
ARTICLE XXII – AMENDMENTS
Section 1. Proposals for amendments to these Constitution and By-Laws may be made by the Executive Board or upon formal petition of at least ten percent (10%) of the general membership
Section 2. No proposal shall be considered an amendment and become a part of these Constitution and By-Laws until after the same shall have been ratified by a majority vote of all the members of the LBPEA in a referendum called for such purpose.
ARTICLE XXIII – EFFECTIVITY
Section 1. These Amended Constitution and By-Laws shall take effect upon proclamation of the COMELEC of its ratification.