PAMBANSANG
KILUSAN NG PAGGAWA (KILUSAN)-TUCP
PGEA Compound, Elliptical Road,
Diliman, Quezon City 1100
CONSTITUTION & BY LAWS
Of
KILUSAN SA JOLLIBEE
With Charter Cert. No. 83-3-1-78
PREAMBLE
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
Attested:
(SGD) ANTONIO U. LIM
Pambansang Kilusan ng
Paggawa (KILUSAN)-TUCP
Approved:
(SGD.) IGMIDIO T. GANAGANA
Secretary
General
Pambansang
Kilusan ng Paggawa (KILUSAN)-TUCP
