PAMBANSANG KILUSAN NG PAGGAWA (KILUSAN)-TUCP
PGEA Compound, Elliptical Road, Diliman, Quezon City 1100
CONSTITUTION & BY LAWS
KILUSAN SA JOLLIBEE
With Charter Cert. No. 83-3-1-78
We, the employees of JOLLIBEE FOODS CORPORATION in order to promote our moral, social, political and economic well-being; protect and uphold our individual and collective rights, and foster progressive labor relations, in pursuance of the basic and nationalist principles of our mother Federation, the Pambansang Kilusan ng Paggawa (KILUSAN)-TUCP; do hereby ordain and promulgate this Constitution.
ARTICLE I – NAME AND DOMICILE
Section 1. This Labor organization shall be known as the KILUSAN SA JOLLIBEE-KILUSAN, hereinafter referred to as the UNION.
Section 2. The UNION shall have its principal address at TUCP/PGEA Compd., Elliptical Road, Diliman, Quezon City.
ARTICLE II – DECLARATION OF PRINCIPLES AND OBJECTIVES
Section 1. The UNION subscribe to and abides by the following principles and objectives:
a. To establish an organization that will represent the employees of the Jollibee Foods Corporation in collective bargaining with respect to salaries, wages, hours of work and other terms and conditions of employment.
b. To promote the moral, social, political and economic well- being of its members.
c. To enhance respect for human dignity and the dignity of labor.
d. To protect and uphold the individual and collective rights of its members, and develop, leadership among them.
e. To foster harmonious and progressive labor-management relationships and preserve industrial peace.
f. To inculcate and develop democratic discipline as imperative to effective labor unionism.
g. To strive for the adoption of legislation and/or other measures which will promote the economic and social welfare of its members and labor in general.
ARTICLE III – NAME OF EMPLOYER AND PLACE OF OPERATION
Section 1. The present employer of the members of this UNION is Jollibee Foods Corporation, hereinafter referred to as the COMPANY, with principal address at 5th Floor, Jollibee Plaza, No. 10 Emerald Avenue, Ortigas, Pasig City.
ARTICLE IV – MEMBERSHIP
Section 1. The Supreme authority in the administration of the UNION shall rest in the general membership which shall hold a regular meeting at least once a year.
Section 2. Every employee of Jollibee Foods Corporation not otherwise disqualified by law, without regard to sex, race, nationality, religious or political belief or affiliation, is eligible for membership of the Union.
Section 3. Qualified employees may become members of the Union by written application, approved by the President, upon recommendation of the Membership Committee, and upon payment in full of the admission fee in the amount of One Percent (1%)
Section 4. The powers and duties of the general membership are:
a. To approve or amend this Constitution and by-laws, subject to the final approval of the Executive Board of KILUSAN.
b. To approve this UNION’s program of activities and all resolutions for local implementation and operations.
c. To elect the members of the Board of Directors.
d. To approve the Budgets of the Union.
e. To hear and decide on the reports of the Board of Directors and the Board of Auditors.
ARTICLE V – BOARD OF DIRECTORS AND EXECUTIVE COMMITTEES
Section 1. The highest governing body of the Union between General Membership meetings, shall be the Board of Directors, consisting of at least eleven (11) members, who shall be elected, through secret ballot, by the appropriate membership bodies. The Board shall be composed of the members of the Executive Committee of at least seven (7) Directors-at-Large who are elected by the General Membership, and shop stewards elected by and from each Department/Division of the Company’s bargaining unit. The Board shall meet regularly at least once every three (3) months.
Section 2. The powers and duties of the Board of Directors are:
a. To administer direct and supervise the implementation of the decisions, resolutions, and policies laid down by the General Membership.
b. To have general supervision of all administrative functions of all officers and personnel of the Union.
Section 3. In between meetings of the Board of Directors, the executive and governing body of the Union shall be the Executive Committee, composed of the seven (7) Directors-at-Large, elected by the General Membership. The Executive Committee shall meet regularly at least once a month.
Section 4. The Executive Committee shall administer all the funds and properties of the Union, supervise Union offices, and carry out the objectives of the Union and the Labor Code.
Section 5. The Executive Committee shall consist of the following elective officers:
The President, the Executive Secretary, and at least five (5) Secretaries for Organization, Education, Finance, Grievance and Welfare. These officers shall be elected by the Board of Directors from among the Directors-at-Large.
Section 6. The Board of Auditors shall consist of at least two (2) members who shall be elected by the General Membership.
Section 7. The officers shall held office for a period of three (3) years from the date of their election until their successors shall have been duly elected and have qualified.
Section 8. Vacancies in the Executive Committee shall be filled by the Board of Directors from the members in good standing of the Union for a continuous period of at least one (1) year immediately preceding such appointment. The said appointee(s) shall hold office for the unexpired term of the predecessor(s), or until a Special Election therefor is held as maybe directed by the Board of Directors.
ARTICLE VI – DUTIES AND POWERS OF UNION OFFICERS
Section 1. The President shall be the Executive Officer of the Union. He shall preside at all meetings and deliberations of the General Membership, the Board of Directors and the Executive Committee. He shall appoint all members of standing committees and sub committees, the concurrence of the Executive Committee. He shall approve vouchers covering applications or expenditures of Union funds, before payment or disbursement is made by the Treasurer. He shall represent the Union on all occasions and in all matters in which representation of the Union may be agreed or required. He shall call meetings of the General Membership and/or the Board of Directors motu propio or upon written request of at least 30% of the General Membership or a majority of the members of the Executive Committee.
Section 2. The Executive Secretary shall –
a. Perform administrative supervision over the affairs of the Union and the officers and members of the Union, except the President.
b. Represent the Union in the absence, or on direction, of the President in the higher organs of KILUSAN and in the administration of Union grievances.
c. Call meetings of the General Membership, the Board of Directors and the Executive Committee, in the absence, or on order, of the President.
d. Perform the duties and responsibilities of the President, in the latter’s dismissal, suspension, resignation, sickness or incapacity.
e. Be the custodian of all records, documents, minutes of the General Membership, the Board of Directors and the Executive Committee meetings and documented policies, projects and activities of the Union. He shall keep Minutes Books of Resolution and a continuing Register of all members of the Union.
Section 3. Secretary for Organization shall –
a. Take charge of the stability and expansion of the Union.
b. Closely coordinate with the other Secretariats/Departments of the Union in matters relating to organizational matters and activities.
c. Perform such other duties as may be assigned to him from time to time.
Section 4. The Secretary for Finance – is the Treasurer who shall collect, receive and issue receipts for all funds and contributions to the Union. All disbursements and payments made by him must be supported by vouchers and accompanied by corresponding receipts. He shall keep a Register of all receipts and expenditures. He shall prepare such financial reports as may be required of him by the General Membership, the Board of Directors, the Executive Committee and the Department of Labor which shall contain true correct accounts of all funds received and disbursed by him, as well as all bonds and securities and other properties of the Union entrusted to his custody and under his control. The rendition of such accounts shall be made:
a. At least once a year, within thirty days after the close of the Union’s fiscal year;
b. At such other times as may be required by a Resolution of the majority of the General Membership; and
c. Upon vacating his office or dissolution of the Union for any cause. The accounts shall be duly audited, duly verified under oath and a copy thereof furnished the Department of Labor.
Section 5. The Secretary for Grievance shall assist the members in the presentation and settlement of their grievances, internally and/or with the Company.
Section 6. The Secretary for Education & Research shall prepare, adopt and implement labor education programs, seminars and activities to enhance the knowledge of the members in trade unionism, collective bargaining, etc.
Section 7. Secretary for Collective Bargaining shall gather all data pertinent to the improvement of existing Collective Bargaining Agreements and supervise strict and sustained compliance therewith.
Section 8. The Secretary for Welfare shall plan, direct, administers and effectuate general welfare programs for Union members.
Section 9. The Board of Auditors shall audit, examine and verify all financial accounts of the Union. It shall supervise the entries in the books of accounts of the Union and shall render financial reports as often as are required by the General Membership, the Board of Directors and the Executive Committee.
Section 10. The officers of the Union shall be paid only the salaries, per diems and reimbursements due their respective positions, as are specifically authorized and appropriated for in the Budget or in Resolutions of the Board of Directors or of the General Membership. The Minutes of the corresponding meetings and the lists of the participants and ballots cast shall be subject to inspection by the Department of Labor or his duly authorized representative.
ARTICLE VII – MEETINGS OF THE GENERAL MEMBERSHIP
Section 1. Any member who absents himself from any general or special meeting of the General Membership shall, within five working days from said meeting, submit a written explanation as to t he reason(s) for his failure to attend thereat.
Section 2. In the event the reason(s) for said absence is/are unacceptable to the Executive Committee, the erring member(s) shall pay, at the discretion of the Executive Committee, a fine of not less than Fifty Pesos (Php50.00) to the Union, in cash or by duly authorized salary deductions.
Section 3. Members on official leaves of absence are excused from attending said meetings.
Section 4. Any member who absents himself in three consecutive regular or special meetings of the General Membership, without justifiable grounds therefore, may be expelled or suspended from the Union by the majority of the Executive Board.
ARTICLE VIII – UNION COMELEC AND ELECTORAL POLICIES AND PROCEDURES
Section 1. There shall be a Committee on Elections (COMELEC), to be created by the Board of Directors, at least two (2) weeks before the regular elections. It shall adopt electoral procedures to ensure that the elections shall be free, clean, honest and orderly. This Committee shall formulate election rules to safeguard the sanctity of the ballot and the ensure the integrity of democratic processes under the supervision of KILUSAN. It shall have the authority to decide election protests, but its decisions may be appealed to the Department of Labor according to its rules and regulations.
Section 2. The COMELEC shall be composed of a Chairman and two members all of whom shall be appointed by the Board of Directors.
Section 3. The tenure of each COMELEC shall expire one month after the new set of officers and Directors is inducted into office.
Section 4. Regular elections of Directors and officers of the Union shall be held on July 17, every three (3) years after the organization of this Union.
Section 5. All members of the Union, in good standing, shall have the right to vote in every election. Candidates for elective positions must be members of the Union in good standing for at least one (1) year on the date of the election. Voting shall be by secret and uniform ballots supplied by COMELEC.
Section 6. The elections of Directors and officers shall be by plurality of the votes cast.
Section 7. The newly-elected Directors shall meet within one week following their election, at which time the outgoing administration shall turn over all records and properties of the Union to the new administration.
ARTICLE IX – 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 Union bodies or organs. The majority of the Executive Committee of the Board of Directors and of the General Membership shall constitute a quorum to officially transact business.
Section 2. Meetings shall, whenever practicable, is governed by Robert’s Rule of Order.
ARTICLE X – UNION DUES, FINES AND SPECIAL ASSESSMENTS
Section 1. Union Dues. – Every member shall pay monthly dues to the Union, thru check-off deductions, in accordance with the Collective Bargaining Agreement. Pending the execution of the CBA, every member shall directly pay the monthly dues fixed by the General Membership.
Section 2. General Operating Fund. All union dues and fines, not allocated to the Mother Federation, shall constitute the General Operating Fund of this Union. No amount shall be disbursed there from except upon appropriation by the Board of Directors or the Executive Committees.
Section 3. Special Assessments - Every member shall contribute to the Union such amounts as may be fixed by the Board of Directors or Executive Committee for labor education and seminars required by the Labor Code, for CBA negotiations and legal assistance, and for welfare plans, cooperative and special activities. Special assessments shall be subject to the approval of the General Membership at Special Meetings call for that purpose. Unexpended balances thereof may be transferred to the General Operating Fund, upon authorization by the General Membership.
Section 4. Membership in Good Standing. - Any member who incurs two (2) months in arrears of his monthly dues or who twice fails to pay special assessments, fines and other pecuniary obligations to the Union shall cease to be a member in good standing and shall be subject to disciplinary action. In the event of sickness, leaves of absence, without pay, and other similar justifiable causes, the Executive Committee or Board of Directors may excuse non-payment or defer collections hereof.
Section 6. Books of Account - Every payment of union dues, fees, special assessments and 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 Books of Account of the Union.
Every expenditure of Union funds shall be supported by receipts which shall form part of the financial records of the Union.
The Books of Accounts and other financial records of the Union shall be open to inspection by any officer or member during office hours.
ARTICLE XI - DISPOSITION OF UNION FUNDS
Section 1. In case of dissolution of this Union, every member in good standing shall be entitled to equitable participate in the liquidation and distribution of the Union’s surplus assets. The Bureau of Labor Relations may be consulted to settle differences of opinion.
ARTICLE XII – COLLECTIVE BARGAINING
Section 1. Collective Bargaining for and in behalf of the membership, shall be conducted by the Pambansang Kilusan ng Paggawa (KILUSAN)-TUCP, and assisted by the Executive Committee, or by a Negotiation Panel which may be elected by the general membership designated by the Board of Directors.
Section 2. The Collective Bargaining Agreement shall be subject to ratification and approval by a majority vote of the Union members at a meeting to b e convened, or by a plebiscite, for such a purpose.
ARTICLE XIII – SETTLEMENT OF INTERNAL DISPUTES
Section 1. Disputes involving the Union members or the officers shall be made in writing and submitted to the President who shall then call the members involved and shall undertake to have the parties 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 Grievance Committee, which shall undertake to investigate or hear the case on the merits.
Section 3. The Grievance Committee shall then require the respondents, within two days from the date of the aforementioned confrontation of the parties to reduce their answers in writing. Thereafter, both sides, after having been duly informed of the nature and cause of the dispute, shall be entitled to hearing.
Section 4. After proper evaluation of the evidence submitted therein, the Committee shall render its written decision thereon within ten (10) days from termination of the hearing.
Section 5. The decision of the Grievance Committee shall be appealable to the General Membership.
ARTICLE XIV – IMPEACHMENT AND RECALL
Section 1. Any of the following shall be grounds for impeachment or recall of officers:
a. Committing or causing the commission, of directly or indirectly, acts against the interests and welfare of the Union.
a. Malicious attack against the Union or against a fellow Union officer or member.
b. Any act of disloyalty to the Pambansang Kilusan ng Paggawa (KILUSAN)-TUCP such as attempting to disaffiliate, or affiliating with another Labor Federation, or similar acts.
c. Failure to comply with the obligation to turn over and return to the Union Treasurer, within the specified time, any sum or sums of money received from the Union funds to answer to a definitely authorized Union purpose.
d. Gross misconduct unbecoming of a Union officer.
e. Misappropriation of Union funds or property, without prejudice to the filing of appropriate criminal or civil action in connection therewith.
f. Willful violation of any provision of this Constitution and By-Laws, or of rules, regulations, measures and resolutions of the Union.
Section 2. Governing procedures here for shall be the following:
a. Petition or resolution signed by at least thirty percent (30%) of all bonafide members of the Union shall be submitted to the President and the Executive Secretary.
b. The President upon receipt of such petition, shall call a general membership meeting to consider the impeachment or recall of any elective or appointive Union officer. If it is the President who is sought to be impeached, the Executive Secretary shall call such meeting.
c. Union officers against whom the impeachment charges have been filed shall be given ample opportunity to defend themselves before the General Membership at a meeting specially called for the purpose, before any impeachment or recall vote is finally taken thereon. The Executive Board of KILUSAN shall supervise, and moderate at said General Membership meeting in order to assure a fair, just and sober hearing.
d. The impeachment or recall of accused Union officer(s) shall be by majority vote based on the total membership of the Union. The Board of Directors may compel the attendance of all members at such impeachment meeting through fines and other disciplinary measures against errant or absent union members.
e. The union officer(s) impeached shall ipso facto be considered permanently resigned or ousted from office and may no longer run for any elective position nor be appointed to any position in the Union thereafter.
f. The decision of the majority of the general membership on the merits of the impeachment or recall proceedings shall be final and executory.
ARTICLE XV – TRUSTEESHIP
Section 1. This Union and all its members are entitled to all the assistance and protection that the Mother Federation, Pambansang Kilusan ng Paggawa (KILUSAN)-TUCP confers and extends to all its affiliates and members.
Section 2. In accordance with Section 14, of Article XV of the Constitution and By-Laws of its Mother Federation, this Local UNION may be placed by the Executive Board of the Pambansang Kilusan ng Paggawa (KILUSAN)-TUCP under trusteeship and its funds and properties under receivership in any of the following instances:
a. When the Directorate/Membership of this Local Union so request.
b. When the President and the Executive Secretary have been impeached or recalled, or a majority of the Executive Officers have been convicted of any offense involving moral turpitude, or charged with any violation of the Constitution and By-Laws and/or those of KILUSAN.
c. When there is any investigation into serious irregularities affecting the finances of this local Union.
d. When, for any cause or reason, the Executive Officers of this Union pervert its principles and objectives, or do not conscientiously protect the interests of its members or are not able to administers the affairs of the Union.
Section 3. The Trusteeship/Receivership shall be for the primary purpose of safeguarding the interests of this local union and its members and shall be effective until it shall have been lifted by the Executive Board of KILUSAN or until a new set of officers shall have been duly elected.
ARTICLE XVI – AMENDMENTS
Section 1. Proposals for amendments to this Constitution and By-Laws may be submitted motu propio by the Board of Directors, or upon the petition of at least ten percent (10%) of the members; provided, that, the proposed amendments are consistent with the Constitution and By-laws of KILUSAN.
Section 2. No such proposals shall become a part hereof until after the same shall have been ratified by two-thirds (2/3) vote of all members, either at special meeting or by a plebiscite called for the purpose.
ARTICLE XVII – EFFECTIVITY
Section 1. This Constitution shall take effect upon its ratification.
Adopted and ratified this 25th day of February 1983, at the Quezon City, M.M.
Certified and Correct:
(SGD) HENRY B. CRISOSTOMO
Local Executive Secretary
(SGD) ANTONIO U. LIM
Pambansang Kilusan ng Paggawa (KILUSAN)-TUCP
(SGD.) IGMIDIO T. GANAGANA
Pambansang Kilusan ng Paggawa (KILUSAN)-TUCP