Thursday, May 05, 2011

Constitution and By-Laws of the Budget Union for the Declaration of Genuine Employees' Thrusts (B.U.D.G.E.T.)

PREAMBLE

            We, the employees of the Department of Budget and Management (DBM) and the Procurement Service (PS), in order to promote our moral, social and economic well-being, protect and uphold our individual and collective rights, promote our common welfare and interests, foster morale, efficiency, integrity and above all, honesty in public service, as well as foster relationship among ourselves, do hereby ordain and promulgate this Constitution and By-Laws.


ARTICLE I
NAME AND DOMICILE

            SECTION 1.     The name of the Union shall be the BUDGET UNION for the DECLARATION OF GENUINE EMPLOYEESTHRUSTSor “B.U.D.G.E.T.” or  “Union” for brevity.

            SECTION 2.     The principal office of the B.U.D.G.E.T. shall be at the Boncodin Hall of the DBM, General Solano Street, San Miguel, Malacañang, Manila.

ARTICLE II
PURPOSES

            SECTION 1.     The purpose of the Union shall be as follows:

  1. To create an atmosphere conducive to harmonious management-employees relations, within the context of justice, equity, and respect for individual rights and obligations, good supervisor-employee relations and the improvement of the employee morale;

  1. To foster closer fellowship, goodwill and understanding, and a feeling of belongingness among the members through the promotion and undertaking of activities such as but not limited to counselling, sports and cultural projects, mutual aid benefits, employees’ housing program, and similar services that will enhance general welfare of employees;

  1. To inform the member of their rights and privileges as employees of the DBM and PS;

  1. To safeguard the rights and legitimate interests of the members, and to act collectively in redressing legitimate grievances in accordance with existing laws, rules and regulations;

  1. To undertake joint activities with management to ensure effective delivery of DBM's mandate and to advocate the attainment of honest, and efficient public service; and 

  1. To promote the enlightenment of the members in regard to their rights and obligations as union members and as employees, the existing collective negotiation agreement (CNA) and all other matters that directly affect the Union.

ARTICLE III
MEMBERSHIP
            SECTION 1.     Coverage. Every rank and file employee of the DBM and PS not otherwise disqualified by law and without regard to sex, race, religious or political belief of affiliation, and who agrees to be bound by this Constitution and By-laws, upon application and payment of a fee herein fixed, is eligible for membership in the Union.

            SECTION 2. Application. Qualified employees of the DBM and PS may become members of the Association through written application approved by the President upon recommendation of the Membership Committee and after payment in full of the required membership fee. 

            SECTION 3. Fee. Every member shall pay a one time membership fee and monthly dues as prescribed under Article IX, which shall be deducted from his/her salary as expressly authorized for that purpose at the end of every month.
           
            SECTION 4.     Termination of Members. A member shall cease to be a member of the Union upon his separation from any cause from the DBM/PS or upon resolution of the Board of Directors for failure of the member to comply with this Constitution and By-Laws, and the lawful rules, regulations and orders of the Union.  Moreover, any member who will be promoted to the third level position shall automatically cease to be a member effective upon the date of his/her appointment.

            SECTION 5.     Record of Registration. There shall be kept and maintained a roster of registry of members containing their names, addresses and signature of all the members of the Association.

ARTICLE IV
OFFICERS, POWERS & DUTIES

            SECTION 1.     The Association shall have a President, a Vice-President, a Secretary, Assistant Secretary, a Treasurer, an Assistant Treasurer, an Auditor and a Public Relations Officer.

            SECTION 2.     President. The President shall have the following powers and duties:

  1. Preside at all meetings and deliberations of the Board of Directors and of the General Assembly;

  1. Call special meetings of the Board of Directors whenever necessary or upon written request of at least thirty (30%) of the General membership or a majority of the members of the Board of Directors;

  1. Represent the Association in all occasions and in all matters where representation of the Association may be agreed upon or required;

  1. Exercise general supervision over the affairs of all officers of the Association;

  1. Execute on behalf of the Union all contracts and agreements as approved by the Board Directors;

  1. Sign, endorse and deliver all checks, drafts and other negotiable instruments, in the name and on behalf of the Union;

  1. Submit an annual report of the operations of the Union to the members of the Union at the annual meetings;

  1. Act as the official representative of the Union in its contracts with governmental, civic, business and professional organizations for the purpose of advancing the objectives or purposes of the Union;

  1. Exercise such other powers and perform such other duties as the Board of Directors or the members of the Union may from time to time fix or delegate.

            SECTION 3.     Vice-President. The Vice-President shall perform the following duties and functions:

  1. Assume the duties and functions of the President in case of the latter's absence, disability, or incapacity for any cause, or resignation;

  1. Assist and coordinate with the President regarding all Association matters;

  1. Perform such other duties and functions that may be assigned by the President and/or the Board of Directors may from time to time, fix or delegate.

            SECTION 4.     Secretary. The Secretary shall have the following duties and functions:

  1. Take down minutes of meetings of the General Membership and of the Board of Directors;

  1. Keep full Minutes of all meetings of the Board of Directors and of the members of the Union, including Board Resolutions and a continuing register of all members of the Association;

  1. Give or cause to be given all notices required by as notices of all meetings of the Board of Directors and members of the Union;

  1. Have in custody the seal of the Union and when authorized by the Board of Directors, shall affix such seal to any instrument requiring the same;

  1. Coordinate the activities of all various committees that may be organized by the Board of Directors;

  1. Submit to the Department of Labor and Employment-Bureau of Labor Relations and Civil Service Commission annually a list of officers and  their respective addresses, minutes of election of officers and list of voters within thirty (30) calendar days from the date of election or from the concurrence of a change in the Association officers and such other documents or papers as may be required; and

  1. Perform such other duties as may be assigned by the President.

            SECTION 5.     Assistant Secretary. The Asst. Secretary shall assist the Secretary and perform all the duties and responsibilities of the Secretary in his/her absence.

SECTION 6. Treasurer. The Treasurer shall have the following duties and powers:

  1. Collect, receive, and issue receipts for all money, funds and contributions to the Association;

  1. Deposit or cause to be deposited all moneys and other valuable effects of the Union in the name and to the credit of the Union in such banks or trust companies as may be designated by the Board of Directors;

  1. Render to the Board of Directors whenever the latter so requires a report of the financial transactions of the Union and prepare the Annual Financial Statement/Report before the conduct of annual General Assembly;

  1. Make sure that all disbursements and payments made are covered by vouchers and accompanied by the necessary documents;

  1. Keep correct and complete books of accounts of all the business transactions of the Union; and

  1. Countersign all checks or drafts and other instruments signed by the President.

SECTION 7.  Assistant Treasurer. The Asst. Treasurer shall assist the Treasurer and perform all duties and responsibilities in his/her absence.

            SECTION 8. Auditor. The Auditor shall see to it that all accounts and books of the Union are properly kept and for that purpose he shall make a full, detailed annual periodic audit of all the funds and accounts of the Union and shall be in writing. If he finds that the books and accounts are not properly kept or any irregularity has been committed, he shall so advice the President and the latter shall call a special meeting of the Board of Directors for such appropriate action as the facts and circumstances may warrant.

            SECTION 9.     Public Relations Officer. He/She shall take charge of promoting good relations between the Union and the public as well as the publicity of important activities of the organization through all known media of communication. He/She shall represent the Union, together with the President or in his/her official capacity as such, in all aspects of public relations in order to promote that good name and goodwill of the Union including coordination activities with other associations, societies, or unions that share common interests with the Union for the purpose of undertaking joint projects or activities.

            SECTION 10. Vacancy. If the Office of the President, Vice-President, Secretary, Asst. Secretary, Treasurer, Asst. Treasurer, Auditor or PRO shall become vacant by reason of death, resignation or otherwise, the remaining Directors, if still constituting a quorum may by a majority vote, choose a successor/ successors who shall hold office for the unexpired term.

            In case of the temporary absence of any officer of the Union, the Board of Directors may delegate the power and duties of such officer to any other officer or to any Director for the time being, provided that a majority of the Board of Directors shall concur therein and such delegation is not covered by any express provision of this Constitution and By-Laws.

ARTICLE V
BOARD OF DIRECTORS

            SECTION 1.     The Union shall have a Board of Directors composed of the officers enumerated under Section 1, Article IV and three (3) other members. They shall be elected to hold office for a term of three (3) years and shall act as such until their successors shall have been duly elected and qualified.

            SECTION 2.     Qualifications. No member of the Union shall be elected as officer or member of the Board unless:

  1. He/She is a permanent employee on the day of the election;

  1. He/She has been in the service of the DBM/PS for at least three (3) years;

  1. He/She is not holding a position higher than Chief of a Division or its equivalent; and

  1. He/She is not holding a co-terminus position.


            SECTION 3. General powers of the Board. The government of the Union shall be vested in and its properties and affairs administered by a Board of Directors.

            SECTION 4.     Specific powers. The following are the specific powers:

  1. From time to time, to make and change rules and regulations consistent with this Constitution and By-Laws for the management of the Union’s affairs and business.

  1. To purchase or otherwise acquire for the Union any property, rights or privileges which the Union is authorized to acquire at such price, terms and conditions or for such considerations as the Board sees fit.

  1. At its discretion, to pay any property or rights acquired by the Union either wholly or partially in money or other negotiable instrument.

            SECTION 5.     Vacancy in the Board. Any vacancy in the Board of Directors shall be filled by the candidate who gained the next highest number of votes in the last election and the Director or Directors chosen shall serve for the unexpired term unless sooner removed or otherwise separated.

ARTICLE VI
UNION ELECTION AND ELECTION OF
OFFICERS AND MEMBERS OF THE BOARD

            SECTION 1. Committee on Elections. There shall be a Committee on Elections (COMELEC) to be created by the Board at least forty-five (45) days before any regular or special election. The functions of the COMELEC shall include the following:

  1. Adopt and promulgate rules and regulations relative to the conduct, supervision and administration of election, whether regular or special;

  1. Pass upon qualification of candidates;

  1. Rule on any question or protest regarding the conduct of the election and decisions/orders duly promulgated by the committee are final and unappealable; and

  1. Proclaim duly elected officers.

            SECTION 2. Elections of Officers. The elections of officers and members of the Board of Directors shall be held on the 4th quarter of every third year thereafter, and the term of office of the elected officers shall begin after proclamation by the committee on elections and taking their oath of office.

            SECTION 3.     Secret ballot. The election of officers shall be by secret ballot and shall be conducted by the Committee on Elections of five (5) members to be appointed by the Board.

ARTICLE VII
MEETINGS

            SECTION 1.     Place. All meetings of the Union shall be held in the DBM Central or Regional Offices or PS premises.

            SECTION 2.     Regular meeting of the Board. The Board of Directors shall meet every third Friday of every month, at such time and place as it may determine.

            SECTION 3.     Special meetings of the Board. The Board of Directors shall meet at the call of the President and as often as the members thereof may agree.

            SECTION 4.     Regular assembly meetings. Assembly meeting of the Union may be called by the President at his/her own discretion or by the Board of Directors or upon a written request by at least thirty (30%) of the total members of the Union.

ARTICLE VIII
REGULAR COMMITTEES

            SECTION 1.     There shall be five regular committees that shall take charge in the implementation and supervision of Union projects and activities, subject to the direction of the Board of Directors, and under the immediate supervision of the President who shall see to it that the functions of the Regular Committees shall perform the following functions:

1.1  Training and Education Committee. It shall be charged with enlightening and training Union members on labor education, public service, employer-employee relations and the like. It shall develop a comprehensive program and curriculum whereby members could be made aware of their rights and privileges under existing laws and develop them into enlightened, dedicated and committed Union members in preparation for Union leadership.

1.2  Public Relations and Information Committee. It shall be responsible for the promotion of a greater understanding of Union activities and such relevant matters of importance to unionism. It shall keep abreast all members on different issues and cause the formation of an effective organization that shall handle any course of action as part of union activities.

1.3  Grievance and Legal Assistance Committee. It shall formulate guidelines and develop a mechanism for the proper resolution of legitimate grievances of Union members; to receive, collate, investigate and document all grievances submitted by Union members against any employee of the DBM or PS, or established policies, rules and regulations being enforced by management that impinge on the legitimate rights and prerogatives of Union members as provided by law.

1.4  Socio-Cultural Projects Committee. It shall promote socio-cultural activities and encourage Union members in the participation of the same to develop desirable mental, physical, moral and spiritual qualities. It shall formulate an annual program of activities that shall culminate every end of the fiscal year to coincide with the DBM anniversaries.

1.5  Business and Finance Committee. It shall implement and supervise all kinds of income-generating activities or projects of the Union for the benefit of the Union members and shall be the custodian of all assets and resources of the Union.

            SECTION 2.     Regular Committees shall be headed by a Committee Chairperson appointed by the President with the concurrence of the majority of the Board of Directors meeting en banc for the purpose. The Chairperson shall hold office effective upon appointment for a period of the regular incumbency of the officers of the Union. Any vacancy occurring shall be filled by appointment in accordance with the procedure herein provided and shall hold office for the unexpired term of the predecessor.

            SECTION 3. The Board may create other Committees as deemed necessary thru a Resolution.

ARTICLE IX
FEES, DUTIES, SPECIAL ASSESSMENT, FINES AND OTHER PAYMENTS

            SECTION 1. Membership Fee. A membership fee of P50.00 shall be paid by an applicant before becoming an official member of the Association.

            SECTION 2. Monthly Dues. Every member shall pay monthly dues to the Association in the amount of P20.00 that may be collected through salary deduction upon previous written authorization as stated in the application for membership.

            SECTION 3. Special Assessment. As a result of the CNA negotiations between management and the Union and in accordance with the PSLMC rules, all non-members of the Union shall be assessed an agency fee equivalent to twenty-five percent (25%) of the CNA Incentive. Other special assessments or other extraordinary fees shall be made only upon resolution duly ratified by 3/4 of the General Membership through secret balloting.

            SECTION 4. Funds of the Association. All amounts collected pursuant to the preceding sections shall constitute the General Fund of the Association to be applied to the operational and organizational expenses of the Association or any purpose or subject as may be authorized by the Board of Directors in a written resolution adopted at a meeting duly called for the purpose.

            SECTION 5.  Every member shall contribute to the Association such amounts as may be fixed by the Board of Directors or General Membership through a written resolution adopted during the General Assembly, to be applied to or expended for any or all of the following purposes:

a)     education programs;
b)     CNA negotiations; and
c)     Such other plans and programs that will promote the interests and welfare of the Association and the members.

ARTICLE X
DISPOSITION OF ASSOCIATION FUNDS

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

ARTICLE XI
QUORUM

            SECTION 1. Except when greater proportion is required herein or by law, a majority vote shall prevail at its meetings and deliberations of the Association. A majority of the members (50% + 1) of the Association shall constitute a quorum to officially transact any business.

ARTICLE XII
COLLECTIVE NEGOTIATION

            SECTION 1. Collective negotiation for and in behalf of the Association shall be undertaken by the Board of Directors and designate its representatives to act as the Negotiating Panel.

            SECTION 2. The CNA resulting from the negotiations shall be subject to ratification and approval by the majority vote of the Association members at a meeting convened or by referendum held for such purpose.

ARTICLE XIII
SETTLEMENT OF INTERNAL DISPUTE

            SECTION 1. Dispute involving Association members or its officers shall be made in writing to the President who shall undertake to have them settle their differences 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 to be created by the Board of Directors, who shall undertake investigation to hear the case of its merits.

            SECTION 3. The Committee on Grievance shall require the respondents within five (5) working days from the date of the aforementioned confrontation of the parties to submit 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 shall render its written decisions on the dispute within seven (7) working days from termination of the hearing.

            SECTION 5. Decision of the Committee on Grievance shall become final unless appealed to the General Membership within three (3) working days from receipt of a copy of the decision of the Committee on Grievance.

ARTICLE XIV
GENERAL PROVISIONS

            SECTION 1.     Annual Report. The Board of Directors shall render an annual report covering the Union activities and operations of the previous year, which shall contain, among others:

  1. Statement of income and expenses of the previous years;

  1. Statement of the activities and projects of the previous year;

  1. Statement of the unfinished projects and its recommendation; and
  2. Statement on the proposed projects, if any.

            SECTION 2.     The books, accounts, and records of the Union shall be open to inspection by the members of the Board at all times and by the general members at reasonable time.

            SECTION 3.     The members of the Board and the officers shall not receive any salary, honorarium or commission, but they shall be reimbursed of any transportation or other expenses incurred in the course of their official activities subject to auditing rules and regulations.

            SECTION 4.     Fiscal year. The Fiscal year of the Union shall begin from January 1st and shall end on December 31st of the Calendar Year.

            SECTION 5.     Amendments. Proposals for amendments to this Constitution and By-Laws may be made by the Board of Directors or upon formal petition of at least twenty percent (20%) of the General Membership.
            No proposal shall be considered an amendment and become 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 a special meeting or a referendum called for such purpose.

            SECTION 6. Seal. Unless otherwise provided by the Board, the seal of the Union shall be a lion holding a weighing scale on a raised right paw and a hammer on the left, with the acronym, B.U.D.G.E.T.

            SECTION 7.     Effectivity. This Constitution and By-Laws shall take effect on the day following its ratification.


            APPROVED, ADOPTED and RATIFIED this 18th day of April, 2011, with the list of members, together with their signatures, who ratified the same appearing in Annex "A" hereof.

            DBM, Malacanang, Manila, Philippines.

                                                                        CERTIFIED CORRECT:

                                                                        MERCEDES P. NAVARRO
                                                                                    Secretary
ATTESTED:

DIMPNA O. LEJOS
        President

SUBSCRIBED AND SWORN TO BEFORE ME this ____ day of ______ at___________________, Affiants exhibiting their valid Identification Numbers and Community Tax Certificates No.,  as follows:

                                                Valid ID/CTC                         Issued At/On:
Mercedes P. Navarro
Dimpna O. Lejos
                                                           
                                                                                               


Notary Public

Doc. No. ____
Page No. ____
Book No. ____
Series of 2011


Spark Message


Budget Union for the Declaration of Genuine Employees’ Thrusts
(B.U.D.G.E.T)

May 6, 2011



Dear B.U.D.G.E.T. Members:


Greetings!


May we inform you that the B.U.D.G.E.T. By-laws is due for submission to the Civil Service Commission and the Bureau of Labor Relations of the Department of Labor and Employment on or before May 18, 2011. We would appreciate receiving your final comments and suggestions thereon, if any, on or before May 13, 2011 to Ms. Mercy of FPB, Ms. Sheryll Grace of IAS or Ms. Ningning of CPRS. 


Thank you and we are happy to serve you!


Very truly yours,


B.U.D.G.E.T. BOARD MEMBERS