DAVREMCEA Consitution by Laws For Ratification February 23 2024 1
DAVREMCEA Consitution by Laws For Ratification February 23 2024 1
changes in the Constitution & By-laws before signing the ratification sheet.
4. Kindly submit the signed ratification sheet (hard copy) on or before March
15, 2024 to Ms. Nescil Mulato of HRMS.
PREAMBLE
We, the rank and file employees of the Davao Regional Medical Center
(DRMC), imploring the aid of the Almighty in order to protect our legitimate
rights and actions; establish a high degree of professionalism towards our
duties and responsibilities to better serve the general public; promote unity
and cooperation between and among DRMC Employees and Management in
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Section 1.
To establish an association that will represent the rank and file
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Section 4.
To foster harmonious and progressive labor-management relations
within and outside the institution.
Section 5.
Extend financial assistance to any member in times of distress and
misfortune.
Section 6.
To strive for the adoption of legislation, policies, and other measures that
will promote the economic, social and general well being of all the
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Section 1.
The name of the definite employer of the association is the Davao
Regional Medical Center under the Department of Health (DOH) of the
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Section 1.
DAVREMCEA shall be open to all Davao Regional Medical Center rank
and file employees holding permanent status otherwise disqualified by
law regardless of sex, race, religion, or political belief or affiliation with
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FOR RATIFICATION
4.1.3. Submits/complies with documentary and other reportorial
requirements; and
4.1.4. Not serving a term of suspension
4.1.5. Non-violation of Civil Service Code of conduct and Ethical
standards
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FOR RATIFICATION
4.2. Any regular member who is not in good standing shall:
4.2.1. Not be allowed to have representation in any elected or
appointed position;
4.2.2. Not receive any technical, legal and financial assistance;
4.2.3. Not be allowed to participate in and receive recognition for
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achievements; and
4.2.4. Be a ground for suspension or termination of membership.
Further, a member declared to be of not in good standing shall also
incur a penalty of whatever amount of CNA received as mandated in
the signed DOH and National Department of Health (NADEA) CNA.
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FOR RATIFICATION
ARTICLE V
SUSPENSION / TERMINATION OF MEMBERSHIP
Section 1.
The following shall be grounds for suspension / termination of
membership with DAVREMCEA subject to the implementing
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1.2. Has repeatedly violated the DAVREMCEA’s by-laws and/or
declared policies for at least two (2) consecutive incidents;
and
1.3. Non-attendance and non-support/participation to the
activities and special programs/projects agreed by the
general body; 21
FOR RATIFICATION
Any member may file a voluntary termination of their membership
subject to evaluation of the Committee on Membership and the
requirements provided for such voluntary termination.
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ARTICLE VI
GOVERNING BODY
Section 1.
The highest policy making body of the association is the General
Assembly.
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Section 2.
There shall be fifteen (15) executive officers elected from, among
the regular members of the association who shall hold office for a
period of three (3) years or until a successor shall have been duly
qualified.
Note: From 15 to 16 24
FOR RATIFICATION
Section 3.
The Officers of the association shall be as follows:
3.1. President 3.6. Assistant Treasurer
3.2. Vice-President 3.7. Auditor
3.3. Secretary 3.8. Assistant Auditor
3.4. Assistant Secretary 3.9. Public Relations Officer
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Section 1.
Candidates for elective positions must be regular members of
DAVREMCEA in good standing for a period of at least six (6) months
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on the date of the election shall be eligible to run for any position.
Section 2.
Those whose actual functions as reflected in its latest Performance
Appraisal / Evaluation Report does not include the following based on
the Public Sector Labor-Management Council (PSLMC) Resolution No. 1
s.1991:
2.1. Exercise of powers to formulate management policies and
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decisions; or
2.2. To hire, transfer, assign, lay-off, recall or discipline employees.
ARTICLE VIII
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:
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1.1. Adopt & promulgate rules & regulations that will ensure a free,
clean, honest & orderly election, whether regular or special;
1.2. Pass upon qualifications of candidates;
1.3. Rule on any question or protest regarding the conduct of the
election subject to the procedure that may be promulgated by the
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Section 3.
The COMELEC shall be automatically dissolved thirty (30) days after
the duly elected officers are proclaimed.
Section 4.
Regular election of officers of DAVREMCEA shall be held on last week
of June and on the same date every three (3) years thereafter.
Section 5.
All regular members of DAVREMCEA in good standing shall be eligible
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Section 1.
The officers of DAVREMCEA shall hold office for a period of
three (3) years and can be elected for a maximum of two (2)
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FOR RATIFICATION
ARTICLE X
DUTIES, RESPONSIBILITIES AND POWERS
Section 1.
The Executive Board shall be composed of the President, Vice
President, Secretary, Assistant Secretary, Treasurer, two (2)
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Section 4.
The Executive Board shall conduct ENBANC regular monthly or quarterly
Meetings with Board of Directors as deemed necessary by the Executive
Board.
Section 5.
The President shall be the Chief Executive Officer of DAVREMCEA who
shall oversee and manage the overall operations of the association and
Shall perform the following duties and responsibilities:
5.1. Presides over all meeting and deliberation of the Executive Board
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required;
5.6. Approves / denies and revokes membership to the association;
5.7. May delegate some of his / her duties and powers to the other
executive officers if necessary.
Section 6.
The Vice-President shall perform the duties and function of the
President in case of the latter’s absence, disability, death or resignation.
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In case of absence of the President for more than five (5) days in any
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9.6. Attends and participates in all regular and special meetings and
DAVREMCEA activities;
9.7. Performs other duties and functions as may be assigned
to him/her by the President;
9.8. Prepare financial reports as may be required by the
general membership, the Executive Board, DOLE and
CSC duly audited which shall include all money received
and paid by him/her since he/she assumed office and the
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13.3. With the approval of the Executive Board, he/she may establish
an official publication of DAVREMCEA;
13.4. Attends and participates in all regular and special meetings and
DAVREMCEA activities;
13.5. Serve as official Spokesman of the association;
13.6. Performs other duties and functions as may be assigned to
him/her by the President.
Section 14.
The Board of Directors (BOD) shall perform the legislative functions
of the association and shall elect chairman to preside the meeting.
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hereby created:
1.1. Committee on Membership
1.2. Committee on Grievance
1.3. Committee on Labor Education and Research
1.4. Committee on Ways and Means
1.5. Committee on Collective Negotiations
Section 2.
Each committee shall be composed of a Chairperson and two (2)
members from the association members and they shall be
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matters;
3.3.6. Prepares, adopts and recommends public sector in labor
education, programs and activities, that will enhance the
capability of members with regards to the prevailing public
sector labor relations system, the provisions of the Constitution
and the existing CNA, and all laws, labor legislations, rules,
issuances and policies that affect the members directly or
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indirectly;
3.3.7. Screens and recommends participants to national and
international trainings regarding public sector unionism for
approval of the President;
3.3.8. Attends and participates in all regular and special meetings and
DAVREMCEA activities; and
3.3.9. Performs other duties and functions as may be assigned to
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Board;
3.4.3. Attends and participates in all regular and special meetings and
DAVREMCEA activities; and
3.4.3. Performs other duties and functions as may be assigned to
him/her by the President
3.5. Committee on Collective Negotiations – Shall perform the following
functions:
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Section 1.
DAVREMCEA shall hold regular General Assembly every last week of
January. Notices of the meeting shall be sent out by the Secretary at
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Section 7.
In the event the reason/s is unacceptable to the Executive Board for
being unjustified, the erring member/s shall pay at the discretion of the
Executive Board as set forth by the board.
Section 8.
Any regular members who are on official leave of absence are excused
from attending meetings whether regular or special.
Section 9.
Any regular member who failed to attend for three (3) consecutive
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Section 3. 83
Every regular member shall pay the monthly dues, which may be
collected through check-off deduction upon previous written
authorization of the member concerned. The said payment will be non-
refundable in nature.
Section 3.
All amounts collected pursuant to the two (2) preceding 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 adapted at a meeting duly called for the purpose.
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Section 4.
Every regular 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 meeting duly called
for the purpose to be applied to or expended for any or all of the
following objects: 86
4.1. Labor Education Programs;
4.2. Collective Negotiation Agreement;
4.3. Association members’ Welfare and cooperative programs;
4.4. Such other plans and programs that will promote the interest;
and welfare of the association and all its members.
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Section 5.
Special assessment or other extraordinary fees shall be made only
upon resolution duly ratified by ¾ of the general membership through
secret balloting or by any method applicable.
Section 6.
Any regular member with three (3) month in arrears in the payment of
his/her regular monthly dues or who fails for two (2) times to pay the
special assessments, fines or other payment required to be made, shall
cease to be a member in good standing & may be subjected to other
disciplinary actions. In the event of sickness, leave of absence without
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pay & 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 made by a member
shall be given a receipt signed by the Treasurer or his/her duly
authorized representative making the collection and entered into
records of the association to be kept and maintained for the purpose.
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Section 8.
Any & all expenditures & cash advances chargeable against the funds
of the association shall be covered by the Board Resolution
promulgated prior to the incurrence of expenditures except petty
expenditures where lump sum appropriation in fixed amount will be
authorized by the Board. Provided, the blanket authority authorizing
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of the association and withdrawal from such fund may only be done
by the concurring signatures of any two (2) of the following officers:
President, Treasurer and two (2) assistant treasurers
FOR RATIFICATION
ARTICLE XV
DISSOLUTION OF ASSOCIATION’S FUNDS
Section 1.
Funds of DAVREMCEA shall be used only for purposes allowed by this
Constitution and By-Laws and which are necessary for the existence
and operation of DAVREMCEA and for the general welfare of its
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members.
Section 2.
In the event of voluntary dissolution of the association or final
cancellation of its registration certificate, the association members
shall enjoy equity to the association’s properties to the extent that
said properties shall first be sold to the regular members before said
properties are offered to non-members & the proceeds there from,
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Section 2.
The Collective Negotiating Agreement resulting from the bargaining
negotiations may be ratified by the approval by majority vote of the
association members at a meeting convened or by a referendum held for
such purpose.
ARTICLE XVII
SETTLEMENT OF INTERNAL DISPUTE
Section 1.
Disputes involving DAVREMCEA regular members or its officers shall
be made in writing and submitted to the President who shall
undertake to have them settle their differences amicably.
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Section 2.
In the event of failure to settle the dispute amicably, the President
shall endorse the dispute to the Committee on Grievance which
shall undertake to investigate or hear the case on the merits.
Section 3.
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officer;
1.5. Misappropriation of the association’s funds and property. This is
without prejudice to the filing of appropriate criminal or civil
action against the responsible officer/s by any interested party;
and
1.6. Willful violation of any provisions of this CBL measures
resolution and decision of the association.
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Section 2.
The following procedures shall govern impeachment and recall
proceedings:
2.1. Impeachment or recall proceedings shall be initiated by a formal
petition or resolution signed at least by twenty five percent (25%)
of all bonafide regular members of the association and shall be
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Section 2.
No proposal shall be considered an amendment and become a part this
Constitution until after the same shall have been ratified by two third
(2/3) vote of all the members of the association either at a special
meeting or a referendum called for such purpose.
ARTICLE XXI
EFFECTIVITY
Section 1. This Constitution shall take effect on the day following
its ratification.