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Constitution and By-Laws

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TRINIDAD ASSOCIATION OF MUNICIPAL EMPLOYEES (TAME)


CONSTITUTION AND BY-LAWS

 P R E A M B L E

 We, the employees of the Local Government Unit of Trinidad, Bohol, Region VII, conscious of our potentialities and our duties to God, country and people, having seen the need to unite ourselves in an organization composed of dedicated men and women of firm resolve and good will in order to enhance mutual help and support, enhance its members efficiency and effectiveness in public service, serve as a competent forum for communication and much closer relationship and camaraderie between the organization and management, as well as among its members, do hereby constitute ourselves into an association and establish for our governance this Constitution and By Laws.


ARTICLE I

NAME AND DOMICILE

 Section I.         This association shall be known as the TRINIDAD ASSOCIATION OF MUNICIPAL EMPLOYEES (TAME).

 Section 2.        The Association shall be domiciled at MUNICIPAL HALL, POBLACION, TRINIDAD, BOHOL.

 

ARTICLE II

DECLARATION OF OBJECTIVES

 

The Association commits itself to the pursuit of the following objectives:

 Section 1.        To establish an organization that will represent the employees of the Local Government Unit of Trinidad, Bohol in collective negotiation beneficial to the members.

 Section 2.        To promote the moral, social, and economic well-being of all the members.

 Section 3.        To protect and uphold the individual and collective rights of all the members.

 Section 4.        To foster harmonious and progressive labor-management relations.

 Section 5.        To strive for the adoption of legislation, policies and other measures that will promote the economic, social and general well-being of all the members in particular, and the working class, in general.

 Section 6.        To promote the enlightenment of all the members in regard to their rights and obligations as union members and as employees, the present labor relations systems, the existing collective negotiating agreement (CNA) and all other matters that directly or indirectly affect the association.

ARTICLE III

NAME OF EMPLOYER AND PLACE OF OPERATION

 

Section 1.        For collective negotiating purposes the definite employer is the LOCAL GOVERNMENT UNIT OF TRINIDAD, BOHOL, hereinafter referred to as the Agency, the principal place of operation which is at MUNICIPAL HALL, POBLACION, TRINIDAD, BOHOL.


ARTICLE IV

MEMBERSHIP

 Section 1.        Every rank and file employees of THE LOCAL GOVERNMENT UNIT OF TRINIDAD, BOHOL not otherwise disqualified by law and without regard to sex, race, nationality, religious or political belief of affiliation is eligible for membership in the union.

 Section 2.        Qualified employees of the Agency may become members of the Association by written application approved by the President upon recommendation of the Committee on Membership and after payment in full of the required admission fee.


ARTICLE V

PRINCIPAL OFFICERS

 Section 1.            The governing body of the association shall be the Executive Board whose members

shall be elected through secret ballot.

 Section 2.            The Executive Board shall administer association affairs, formulate policies and  implement programs to effectively carry out the objectives of the association and manage all the monies and properties of the association.

 Section 3.            The Executive Board shall consist of nine (9) officers, namely:

(1)    President

(1)  Vice-President

(1)  Secretary

(1)  Treasurer

(1)  Auditor

(2)  Public Relations Officers

(2)  Peace Officers

Section 4.            The officers of the association shall hold office for a period of three (3) years from the date of their election until their successors shall have been duly elected and qualified provided that they remain members of the association in good standing.

Section 5.            Vacancies in the Executive Board, except the position of President, shall be filled up by

the Board by appointing any member(s) in good standing of the association. The said appointee(s) shall hold office in acting capacity for the unexpired term of office of the immediate predecessors, or until special election therefore as authorized by the Executive Board.

 

ARTICLE VI

 DUTIES AND POWERS

 Section 1.  The President shall perform the following duties and powers:

 a)      Approve orders covering the applications or expenditures of association funds before payment or disbursement is made by the Treasurer;

 b)      Call special meeting of the association or the Executive Board whenever he deems necessary or upon written request of at least 30% of the general membership or a majority of the members of the Executive Board;

 c)       Represent the association on all occasions and all matters in which representation of the association may be agreed upon or required;

 d)      Serve as official spokesman of the association.

 Section 2.   The Vice-President shall perform the duties and functions of the President in case of the latter’s absence, disability, death o resignation. He/she shall perform functions that may be assigned to him/her by the President.

 Section 3. The Secretary shall perform the following duties and functions.

a)      Take down minutes of the meetings of the general membership and of the Executive Board;

b)      Keep a book of Minutes, Resolution and a continuing register of all members of the association;

c)       Act as custodian of all records, documents, minutes of the meetings of the Executive Board and the general membership as well as printed and/or written policies, projects and activities of the association;

 d)      Submit to the Department of Labor and Employment and Civil Service Commission annually a list of union members, list of officers and their respective addresses, minutes of election of officers and list of voters within 30 days from the date of election or from the occurrence of a change in the union officer and such other documents or papers as may be required.

Section 4.        The Treasurer shall perform the following duties and functions.

 The treasurer shall be the custodian of the Association’s properties which include cash, records, books, documents, equipment and other valuables. He/she deposit all cash and other valuables in such bank or depository and in such manner as the EXECOM may authorize, and shall withdraw, disburse and or dispose the same in accordance with standard operating procedures and systems which the General Assembly shall establish. He/she render reports during meetings which shall be posted at the Association’s Bulletin Board.

Section 5.        The Auditor shall perform the following duties and functions.

The auditor is responsible in examining and recommending approval or disapproval of any business transactions 4vhich involve receipts and disbursement or disposal of cash and valuables of the Association in accordance with approved procedures, rules and regulations. He/she shall render audit reports.

Section 6.        The Public Information Officers shall perform the following duties and functions.

 The public information officer shall be responsible for press release to the media regarding the affairs and activities of the Association and he/she shall maintain records of the documents and press releases on file with the Association.

Section 7.        The Peace Officers shall perform the following duties and functions.

The peace officer shall be responsible for maintaining the proper decorum during meetings of the Association and shall render any other duties and functions as maybe assigned to them by the President/Executive Committee.


ARTICLE VII

STANDING COMMITTEES

Section I.         To ensure coordination and efficiency in the transaction of association matters and in order to realize the objectives of this Constitution, the following three (3) standing committees are hereby created:

1. Committee on Membership – which shall receive and process application for membership and make recommendations thereon to the President. It shall implement rules, regulations and decisions as may be promulgated by the Executive Board or the general membership for the admission of members in the association.

 2. Committee on Grievance/Welfare – which shall investigate internal association disputes in accordance with Article XIV of this Constitution. It shall assist in the presentation and settlement of association grievance with Management subject to pertinent provisions of the existing Collective Negotiation Agreement (CNA). It shall be responsible for the adoption and implementation of programs, projects and activities that will promote and protect the general welfare of the members.

3. Committee on Labor Education and Research – which shall prepare, adopt and implement labor education programs and activities, that will promote the enlightenment of the members in regard to the prevailing labor relations system, the provisions of the Constitution and the existing CBA, and all labor legislations rules, issuances and policies that affect the members directly or indirectly.

 

ARTICLE VIII

MEETINGS OF THE UNION

 

 Section 1.        The association shall hold regular membership meetings at least once a year. Notices of the meeting shall be sent out by the Secretary at least (10) days prior to such meeting by posting in conspicuous places preferably inside office premises, said notices. The date time and place for the meeting shall be determined by the Executive Board.

Section 2.        Regular meetings of the Executive Board shall take place every month with appropriate notice to be sent out by the Secretary to each member of the Board at least five (5) working 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 association office.

Section 3.        Special meetings of the Executive Board or of the general membership may be called at any time, either at the call of the President, upon request of majority of the members of the Executive Board or upon petition addressed to the President  of at least twenty (20%) percent of all members in good standing of the association.

Section 4.        The notice for any meeting whether it be of the general membership or of the Executive Board, regular or special, shall contain the item or items to be discussed and shall included constitute the agenda of the meeting. Any item or items included in the agenda may be taken up recommendation of majority of the members of the Executive Board present and constituting a quorum if it be an Executive Board meeting or majority of the members present and constituting a quorum if it be a general membership meeting.

Section 5.        Any member who absents himself from any regular or special meeting of the general membership shall within five (5) working days from the date of said meeting submit a written explanation of the Committee on Membership as to the reason or reasons for his failure to attend the meeting. The Committee on Membership shall evaluate the explanation and render a report thereof to the Executive Board.

Section 6.        In the event reason or reasons are unacceptable to the Executive Board for being

unjustified, the erring member or members shall pay a fine of  One Hundred                (P 100.00) to the association, through the Treasurer.

Section 7.        Members on official leave of absence are excused from attending meetings whether regular or special.

Section 8.        Any member who absents himself for three consecutive times from any regular or special meeting of the general membership without justifiable grounds therefore may be expelled or suspended from the association by a vote of the majority of the Executive Board.

Section 9.        Absence of a member or members of the Executive Board shall be subject to rules and regulations to be promulgated by the Board. Such rules and regulations shall be passed upon by the general membership.

 

ARTICLE IX

UNION ELECTION


Section 1.        There shall be a Committee on Election (COMELEC) to be created by the Executive Board at least thirty (30) days before any regular or special election. The functions of the COMELEC include the following:

1. Adopt and promulgate rules and regulations that will ensure a free, clean, honest and orderly election, whether regular or special;Pass upon qualification of candidates;

 

  1. Rule on any question or protest regarding the conduct of the election subject to the procedure that may be promulgated by the Executive Board; and
  2. Proclaim duly elected officers.

Section 2.        The COMELEC shall be composed of a chairman and two members all of whom shall be appointed by the Executive and are disqualified from running on any elective position.

Section 3.        The COMELEC shall be automatically dissolved thirty days (30) after the duly elected officers are proclaimed.

Section 4.        Regular election of officers of the association shall be held on the First Monday of July and on the same date every two (2) years thereafter.

Section 5.        All members of the association in good standing shall be eligible to vote in association election. Candidates for elective positions must be members of the union in good standing for a period of at least one (1) year on the date of the election.

Section 6.        Voting shall be by secret balloting and the election shall be decided by plurality of votes.

Section 7.        The duly elected officers shall meet within one (1) week following their proclamation to which time the outgoing administration shall turnover all records and properties of the UNION to the new administration.

 

ARTICLE X

FEES, SPECIAL ASSESSMENTS, FINES AND OTHER PAYMENTS

Section 1.        Any admission fee of One Hundred (P 100.00) Pesos shall be paid by an applicant before he becomes officially a member of the association.

Section 2.        Every member shall pay monthly dues to the association in the amount of Twenty (P 20.00) Pesos to be collected by the Treasurer.

Section 3.        All amounts collected pursuant to the two preceeding sections shall constitute the General Fund of the association to be applied to the operational and organizational expenses of the association or for any purposes or object as may be authorized by the Executive Board in a written resolution adopted at a meeting duly called for the purpose.

Section 4.        Every member shall contribute to the Association such amounts as may be fixed by the Executive Board or General Membership through a written resolution adopted at a general membership through a written resolution adopted at a general membership meeting duly called for the purpose to be applied to or expended for any or all of the following objects:

1. Labor education programs

2. CNA negotiation

3. Such other plans and programs that will promote the interest and welfare of the association and the members.

Section 5.        Special assessments or other extraordinary fees shall be made only upon resolution duly ratified by ¾ of the general membership through secret balloting.

Section 6.        Any member who shall be six (6) months in arrears in the payment of his regular

monthly dues or who fails for two times to pay the special assessments, fines or other payments required to be made, good standing and may be subjected to other disciplinary actions. In the event of sickness, leave of absence without pay and other similar causes, the Executive Board may excuse non-payment or defer collection thereof at its discretion.

Section 7.        Every payment of fees, dues or other contributions by a member shall be evidenced by a receipt signed by the Treasurer or his duly authorized representative making the collection and entered into the records of the association to be kept and maintained for the purpose.

Section 8.        Every expenditures of the funds of the association 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 association.

Section 9.        The books of accounts and other records of the financial activities of the union

shall be open for inspection by any officer or member anytime during office hours.

 

ARTICLE XI

DISPOSITION OF UNION FUNDS

 

Section 1.        In case of voluntary dissolution of the association or final cancellation of its registration certificate, the association members shall enjoy equity to the association properties to the extent that said properties shall first be sold to the association members before said properties are offered to non union members and the proceeds therefrom, together with the balance of the union funds shall be distributed, pro-rata to its members, depending on the amount of membership dues contributed to the association. The general membership may be consulted to settle differences of opinion.

 

ARTICLE XII

QUORUM AND RULES OF ORDER

 

Section I.         Except when a greater proportion is required hereon or by law, a majority vote shall prevail at meetings and deliberations of the association. A majority of the members of the association shall constitute a quorum to officially transact any business.

Section 2.        Meetings of the association, shall whenever practicable be governed by the Roberts Rules of Order.

 

ARTICLE XIII

COLLECTIVE NEGOTIATION

Section 1.        Collective negotiation for and in behalf of the general membership shall be undertaken by the Executive Board and shall act as the Negotiating Panel.

Section 2.        The Collective Negotiating Agreement resulting from the negotiations shall be subject to ratification and approval by majority votes of the association members at a meeting convened or by a referendum held for such purpose.

ARTICLE XIV

SETTLEMENT OF INTERNAL DISPUTE

Section 1.        Disputes involving union members or its officers shall be made in writing and submitted to the President who shall undertake to have them settle their differences amicable.

Section 2.        In the event of failure to settle the dispute amicably, the President who shall pass on the dispute to the Committee on Grievance/Welfare which shall undertake to investigate or hear the case on the merits.

Section 3.        The Committee on Grievance/Welfare shall require the respondent within five (5) days from the date of the 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 evidence submitted, the Committee on Grievance/Welfare shall render its written decision on the dispute within five (5) working days from termination of the hearing.

Section 5.        Decisions of the Committee on Grievance/Welfare shall become final unless appealed to the General Membership within three (3) days from receipt of a copy of the decision of the Committee on Grievance/Welfare.

ARTICLE XV

 IMPEACHMENT AND RECALL

Section 1.        Any of the following shall be a ground for the impeachment or recall of association officers:

1. Committing or causing the commission directly or indirectly of acts against the interest and welfare of the association.

2. Malicious attack against the association, its officers or against a fellow association officer or member.

3. Failure to comply with the obligation to turn over and return to the association Treasurer within three days the unexpected sum or sums of money received from the association funds to answer for an authorized association purposes.

4. Gross misconduct unbecoming of a union officer.

5. Misappropriation of association 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.

6. Willful violation of any provisions of this Constitution or rules, regulations, measures resolution and decision of the association.

Section 2.        The following procedure shall govern impeachment and recall proceedings:

 1. Impeachment or recall proceedings shall be initiated by a formal petition or resolution signed by at least thirty (30) percent of all bonafide members of the association and addressed to the Chairman of the Executive Board;

2. The Board Chairman shall then convene a general membership meeting to consider the impeachment or recall of an officer or a group of officers whether elective or appointive;

3. Association officers against whom impeachment or recall charges have been filed shall be given ample opportunity to defend themselves before any impeachment or recall vote is finally taken;

4. A majority of all the members of the union shall be required to impeach or recall union officers;

5. An association officers impeached shall ipso facto be considered resigned or ousted from office and shall no longer be elected nor appointed to any position in the association;

6. The decision of the general membership on the impeachment or recall charge shall be final and executory.

 

ARTICLE XVI

FISCAL YEAR

Section 1.        The Association’s fiscal year commence on 1 January and end on 31 December of every year.

 

ARTICLE XVII

 AMENDMENTS

Section 1.        Proposals for amendments to this Constitution may be made by the Executive Board or upon formal petition of at least ten (10) percent of the general membership.

Section 2.        No proposal shall be considered an amendment and become a part of this constitution until after the same shall have been ratified by two-thirds 2/3 vote of all the members of the association either at special meeting or a referendum called for such purpose.

 

ARTICLE XVIII

EFFECTIVITY

Section 1.        This Constitution shall take effect on the day following its ratification.

Adopted and ratified this 14th day of August 2014 at Sen. Benigno S. Aquino, Jr.  Session Hall, Trinidad, Bohol with the list of members, together with their signatures, who ratified the same appearing in Annex “A” hereof.

 CERTIFIED CORRECT:

 

WARLITA O. ORIOQUE

Secretary

 

ATTESTED:


QUIRINO T. NUGAL, JR.

President

 

SUBSCRIBED AND SWORN TO BEFORE ME this ____day of ________________at _____________________ Community Tax Certificate No. 31600919 issued at Trinidad, Bohol on January 21, 2014.

 
 

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Until    _____________

PTR No.__________

Issued at __________

On_______________

Doc.No.___________

Page No.___________

Book No.___________

Series of____________