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DAVREMCEA Consitution by Laws For Ratification February 23 2024 1

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0% found this document useful (0 votes)
20 views106 pages

DAVREMCEA Consitution by Laws For Ratification February 23 2024 1

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 106

Sign the Authority to Deduct Form

Monthly payment of Association Dues to


sustain the DAVREMCEA operations and
benefits
To avoid penalty:
- Suspension (10% penalty from the CNA)
- Termination (15% penalty from the CNA)
February 23, 2024
INSTRUCTIONS
1. Please print the ratification sheet sent by our DAVREMCEA Secretary in
your respective official govmails.
2. Do not fill out the number column in the sheet, this will be done by the
DAVREMCEA Officers.
3. Please ensure that all plantilla / regular staff will be informed regarding the
2

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
3

an atmosphere of justice and fairness; support and adhere to all democratic


processes that guarantee human rights and freedom of expression, and seek
better working conditions for the employees, do hereby ordain , promulgate
and adopt this CONSTITUTION AND BY-LAWS.
ARTICLE I
NAME AND DOMICILE
Section 1.
This association shall be known as the Davao Regional Medical Center
Employees’ Association hereinafter referred to as DAVREMCEA.
Section 2. 4

DAVREMCEA shall be domiciled at Davao Regional Medical Center,


Apokon, Tagum City, Davao del Norte.
ARTICLE II
DECLARATION OF OBJECTIVES
DAVREMCEA commits itself to the pursuit of the following objectives:

Section 1.
To establish an association that will represent the rank and file
5

employees of DRMC in negotiating with the DRMC Management for


terms and conditions of employment in consonance with existing rules
and regulations.
Section 2.
To promote the moral, social, educational, and economic well-being of its
members.
Section 3.
To protect and uphold the individual and collective right of its members.
6

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
7

members in particular, and health workers in general.


Section 7.
To instill among its member discipline, integrity and nationalism.
Section 8.
To promote and enlighten all members with regards to their rights and
obligations, the present labor relations systems, the existing Collective
Negotiation Agreement (CNA) and all other matters that directly or indirectly
affect the association.
Section 9. 8

To serve as a linkage between management and employees on other


matters concerning the employees not specified above.
Section 10.
To establish a mechanism that will uphold and alleviate the plight of the
employees of DRMC through promotion of entrepreneurship and
cooperativism.
9
ARTICLE III
NAME OF EMPLOYER AND PLACE OF EMPLOYMENT

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
10

national government of the Republic of the Philippines, hereinafter


referred to as the Agency, with principal address at Apokon, Tagum City,
Davao del Norte.
ARTICLE IV
MEMBERSHIP

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
11

good reputation is eligible for membership. In no way a person


convicted of subversion be admitted as member of the association.
Section 2.
The association shall have the following types of membership
2.1. Regular members
2.1.1. Employee/s with plantilla positions;
2.1.2. Those who have complied with all the membership
requirements; and
12

2.1.3. Are entitled to all the rights and privileges of membership.


Section 2.
2.2. Associate Member
2.2.1. Employee/s on contract of service (COS), job order (JO)
positions and other DRMC affiliates (e.g. Post Graduate
Interns (PGI), Department paid secretaries,
13

Barangay Health Workers, etc);


2.2.2. Those who have no right to vote nor be voted upon; and
2.2.3. Are entitled only solely for the financial assistance
program of the association.
Section 3.
Qualified rank and file employees of DRMC may become members of
DAVREMCEA through the prescribed procedures promulgated by the
DAVREMCEA Committee on Membership.
14
Section 4.
All members must maintain their membership in good standing.
4.1. A member in good standing is one which shall:
4.1.1. Regularly pays dues, fees and other contributions;
4.1.2. Regularly attends and supports activities and special
programs/projects of the association;
15

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
16

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
17

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.

18

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
19

guidelines to be crafted by the Committee on Membership:


1.1. A regular member who has failed to pay monthly dues of more than
three (3) months or membership fees, or other charges in a year’s
time, despite demands by the DAVREMCEA;

20
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

1.4. Violation of Civil Service Code of conduct and Ethical


standards
1.5. Disloyalty to DAVREMCEA.

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.

22
ARTICLE VI
GOVERNING BODY
Section 1.
The highest policy making body of the association is the General
Assembly.
23
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
25

3.5. Treasurer 3.10. One (1) Board of Director per Division


(HOPSS, Medical, Finance, Nursing,
OMCC, Allied)
FOR RATIFICATION
ARTICLE VII
QUALIFICATION OF OFFICERS

Section 1.
Candidates for elective positions must be regular members of
DAVREMCEA in good standing for a period of at least six (6) months
26

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
27

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:
28
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
29

Executive Board; and


1.4. Proclaim duly elected officers.
Section 2.
The COMELEC shall be composed of a Chairperson and two (2)
members all of whom shall be appointed by the Executive Board
and are disqualified from running on any elective position.
30

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
31

to vote in the association’s election. Candidates for elective positions


must be regular members of the association in good standing for
period of at least six (6) months on the date of the election.
Section 6.
Voting shall be by secret balloting or any other applicable method and
the election shall be decided by plurality of votes.
Section 7.
The duly elected officers shall meet within one (1) week following their
32

proclamation to which time the outgoing administration shall turnover


all records and properties of the association to the new administration.
ARTICLE IX
TERM OF OFFICE

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)
33

consecutive terms for the same position.


Section 2.
Any vacancies, except the position of the President shall be filled up by the
Executive Board by appointing any incumbent officer or regular member/s in
good standing of the association for a continuous period of one (1) year
immediately preceding such appointment. The said appointment/s shall hold
34

office in an acting capacity for the unexpired term of office of the


Immediate predecessors, or until special election therefore as authorized by
The Executive Board.

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)
35

Assistant Treasurers, Auditor, Assistant Auditor and Public Relations


Officer (PRO).
Section 2.
The Executive Board shall be responsible in overseeing and management
of financial resources of the association pursuant to the existing rules,
regulations and policy of the association. It shall submit annual budget to
the Board of Directors for deliberation and approval and submit annual
36

spending to the Board of Directors and general assembly.


Section 3.
The Executive Board shall perform the executive functions of the
association and shall act as the chief implementer of the rules,
regulations and policy of the association. It shall also spearhead the
activities and projects deemed to be beneficial to the association.
37

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
38

and of the general membership;


5.2. Appoints advisers, chairperson and members of the DAVREMCEA
standing committees and representatives for Hospital standing
committees with the concurrence of majority of
the members of the Executive Board;
5.3. Approves vouchers covering the applications or expenditures of
39

DAVREMCEA funds before payment or disbursement is made by


the Treasurer;
5.4. Calls special meeting whenever he/she deemed necessary or upon
the written request of at least 30% of the general membership or
a majority of the members of the Executive Board;
5.5. Represents the DAVREMCEA on all occasions and all matters in
which representation of the association may be agreed upon or
40

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.
41

He/she shall also perform the following functions:


6.1. Coordinates and monitors the activities and programs implemented
by the association;
6.2. Attends and participates in all regular and
special meetings and DAVREMCEA activities;
6.3. Performs other duties and functions as may be assigned to him/her
by the President.

In case of absence of the President for more than five (5) days in any
42

DAVREMCEA meetings or activities without leave of absence being filed,


the Vice-President shall automatically take charge the duties and
functions of the former.
Section 7.
The Secretary shall perform the following duties and functions:
7.1. Prepares and disseminates notices of meetings;
7.2. Records and prepares minutes of all meetings;
7.3. Acts as custodian of all association records, documents, resolutions,
continuing register of all members of the association, minutes of all
43

meetings of the Executive Board and the general membership as


well as printed and/or written policies, projects and activities of
DAVREMCEA;
7.4.Submits reportorial documents and papers to all concerned
agencies and institutions / Submit to the Department of Labor and
Employment and Civil Service Commission annually a list of
DAVREMCEA members, list of officers and their respective
addresses, minutes of election of officers and list of voters within
44

thirty (30) days from the date of election or from the


occurrence of a change in the association’s officer
and such other documents or papers as may be required;
7.5. Attends and participates in all regular and special meetings and
DAVREMCEA activities; and
7.6. Performs other duties and functions as may be assigned to him/her
by the President.
45
Section 8.
The Assistant Secretary shall assist the Secretary in all of his/her duties
and responsibilities for DAVREMCEA. He/she shall also perform the
following functions:
8.1. Attends and participates in all regular and special meetings and
DAVREMCEA activities; 46

8.2.Performs other duties and functions as may be assigned to him/her


by the President.
Section 9.
The treasurer shall perform the following duties and
functions:
9.1. Collects, receives and issue receipts for all money, funds and
contribution to DAVREMCEA;
9.2. Ensures that all disbursements and payments made by him/her
47

are covered by vouchers duly approved by the President and


accompanied by the necessary receipts and other supporting
documents;
9.3. Keeps a record of all receipts and expenditures;
9.4. Ensures that all collections are remitted / deposited to the
account of DAVREMCEA regularly;
9.5. He/she shall be properly bonded in accordance with the existing
rules and regulations; 48

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
49

balance remaining in his/her hands at the time of


rendering of such accounts and all bonds and securities
and other properties of the association entrusted to his/her
custody or control.
9.9. The rendering of such account shall be verified by an affidavit, duly
audited by the Auditors of DAVREMCEA and copy thereof
furnished the PSLMC / DOLE and shall be made as follows:
9.9.1. At least once a year within thirty (30) days after the close
of the association’s fiscal year;
50

9.9.2. At such other times as may be required by resolution of the


majority of the executive officers;
9.9.3. Upon vacating his/her office or upon dissolution of
DAVREMCEA for any cause.
Section 10.
The Assistant Treasurers shall assist the Treasurer in all of his/her
duties and responsibilities for the Association. He/she shall also
perform the following functions:
10.1. Attends and participates in all regular and special meetings and
DAVREMCEA activities; 51

10.2. Performs other duties and functions as may be assigned to


him/her by the President.
Section 11.
The Auditor shall perform the following duties and functions:
11.1. Audits, verifies and examines all financial accounts of
DAVREMCEA;
11.2. Supervises the entries in the books of accounts of DAVREMCEA;
11.3. Renders a report of his / her audit as may be required by the
52

Executive Board or by resolution of majority of the general


membership;
11.4. Attends and participates in all regular and special meetings and
DAVREMCEA activities;
11.5. Performs other duties and functions as may be assigned to
him/her by the President.
53
Section 12.
The Assistant Auditor shall assist the Auditor in all of his/her duties and
responsibilities for the Association. He/she shall also perform the
following functions:
12.1. Attends and participates in all regular and special meetings and
DAVREMCEA activities; 54

12.2.Other duties and functions as may be assigned to him/her by the


President.
Section 13.
The Public Relations Officer (PRO) shall perform the following duties
and functions:
13.1. In-charge of matters involving public relations of the association;
13.2. In-charge of preparation of materials for information and
disseminations; 55

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.
56

To avoid confusion, the term “Board” shall refer to the Executive


Board and the term “BOD” shall refer to the Board of Directors.
Their duties and responsibilities include the following:
14.1. Legislate, amend and/or repeal rules, regulations and policies of
the association;
14.2. Conduct deliberation meetings with the President;
14.3. Consult the relevant committees of association on various
matters relating to the affairs of association in aid of
legislation; 57

14.4. Deliberate, authorize and approve the annual budget


submitted by the Executive Board;
14.5. Work hand in hand with the President and/or Executive Board
in designing the rules, regulations and policies of the
association;
14.6. Attends and participates in all regular and special meetings and
DAVREMCEA activities;
14.7. Evaluate the audited annual spending as submitted by the
Executive Board in reference to approved annual budget to aid
legislation;
14.8.The BOD shall consult the President and / or any of the
58

DAVREMCEA Officer as the need arises.


14.9. Attends and participates in all regular and special meetings and
DAVREMCEA activities.
Section 15.
The officers of DAVREMCEA shall not be entitled to salaries from the
association other than honorarium and transportation allowance as
specifically provided in a written resolution duly adopted by majority
of the Executive Board at a meeting duly called for the purpose.
59
ARTICLE XI
STANDING AND SPECIAL COMMITTEES
Section 1.
To ensure coordination and efficiency in the transaction conduct of
DAVREMCEA programs and activities and in order to realize the objectives of
this Constitution and By-laws, the following five (5) standing committees are
60

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
61

appointed by the DAVREMCEA officers.


Section 3.
Duties and Functions of the committees are as follows:
3.1. Committee on Membership – shall perform the following functions:
3.1.1.Develops, formulates, and recommends policies and
guidelines on membership;
3.1.2. Implements policies and guidelines on membership duly
62

approved by the Executive Board;


3.1.3. Receives, evaluates and processes application for membership
and make recommendations thereon to the President;
3.1.4. Issues Certificate of Membership approved by the President;
3.1.5. Reviews status of membership and recommends issuance of
Certificate of Good Standing as the need arises;
3.1.6. Maintains an updated membership data base;
3.1.7. Assesses and recommends actions on:
3.1.7.1. Members not in good standing
63

3.1.7.2. Application for membership


3.1.7.3. Suspension / Termination of membership
3.1.8. Attends and participates in all regular and special meetings and
DAVREMCEA activities; and
3.1.9. Performs other duties and functions as may be assigned to
him/her by the President.
64
3.2. Committee on Grievance – Shall perform the following functions:
3.2.1. Develops, formulates and recommend policies and
guidelines on grievance matters;
3.2.2. Implements policies and guidelines on grievances duly
approved by the Executive Board;
65

3.2.3. Mediates, conciliates and arbitrates dispute among


members;
3.2.4. Conducts investigation on members disputes in accordance
with this Constitution and By-Laws;
3.2.5. Submits reports, investigation findings and recommendations
to the President for appropriate action;
3.2.6. Endorses the reports, investigation findings and
recommendations with approval of the President to concerned
66

offices for appropriate action;


3.2.7. Attends and participates in all regular and special meetings and
DAVREMCEA activities;
3.2.8. Performs other duties and functions as may be assigned to
him/her by the President; and
3.2.9. Coordinates regularly with the Hospital Grievance Committee.
3.3. Committee on Labor Education and Research
Shall perform the following functions:
67

3.3.1. Conducts research, formulates and recommends policies and

guidelines on labor education and research matters;


3.3.2. Implements policies and guidelines on labor education and
research duly approved by the Executive Board;
3.3.3. Conducts orientation, symposia, fora, and other labor education
and research programs and activities;
3.3.4. Coordinates and monitors the association’s implementing labor
education programs and public sector union values that will
promote enlightenment among members;
3.3.5. Acts on issues pertaining to labor education and research
68

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
69

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
70

him/her by the President


3.4. Committee on Ways and Means – Shall perform the following
functions:
3.4.1. Develops, formulates and recommend policies and guidelines
on members ways and means;
3.4.2. Implements policies and guidelines on members/youth
welfare, ways and means duly approved by the Executive
71

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:
72

3.5.1. Conducts researches and gathers all data as deemed necessary in


collective negotiations in coordination with other
standing committees;
3.5.2. Assist the association negotiating panel in the preparation of
all necessary papers, documents and materials in collective
negotiations and the administrations of the existing CNA;
3.5.3. Prepares and recommends CNA implementing and
Regulations (IRR);
3.5.4. Attends and participates in all regular and Special meetings
73

and DAVREMCEA activities; and


3.5.5. Performs other duties and functions as may be assigned to
him/her by the President.
ARTICLE XII
MEETINGS

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
74

least ten (10) working days prior to such meeting by posting in


conspicuous places. 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 last
week of the month with appropriate notice to be sent out by the
Secretary to each member of the Board at least three (3) working
days prior to such meeting. The time, place and methodology of the
meeting shall be determined by the President. The meeting shall
75

preferably be held in the DAVREMCEA office (if applicable).


Section 3.
Special meetings of the Executive Board or of the general membership
may be called out at any time, either at the call of the President, upon
petition addressed to the President of at least twenty percent (20%) of
all regular members in good standing of the association.
Section 4.
Regular meetings of the BOD shall be conducted separately and shall
take place every 1st Friday of the month or quarter with appropriate
notice to be sent out by the Chairperson to each member of the BOD
at least 3 working days prior to such meeting. The time & place of the
meeting shall be determined by the Chairperson. The meeting shall
77

preferably be held in the association office or through virtual


conference. Special meetings of the BOD may be called out at any
time at the call of the Chairperson.
Section 5.
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 constitute agenda of the meeting. Any
item/s included in the agenda may be taken up upon recommendation
of majority the members of the Executive Board present &
78

constituting a quorum if it be an Executive Board meeting or majority


of the members present & constituting a quorum if it be a general
membership meeting.
Section 6.
Any member who failed to attend 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 to the Committee on
Membership as to the reason/s for his/her failure to attend the meeting.
79

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
80

times from any regular or special meeting of the general membership


without justifiable grounds therefore may be suspended or terminated
from the association by a vote of the majority of the Executive Board.
Section 10.
Absence of a member/s of the Executive Board and / or Board of
Director shall be subject to rules and regulations to be promulgated by
the Executive Board. Such rules and regulations shall be passed upon by
the general membership.
81
ARTICLE XIII
QUORUM AND 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
association. A majority of the members of the association shall
82

constitute a quorum to officially transact any business.


Section 2.
A quorum of 30% in the general assembly shall be accepted. But a simple
majority (50% + 1) of the vote shall prevail in all decision makings and
deliberations of DAVREMCEA.

Section 3. 83

Meetings of the association, shall whenever practicable, be governed


by the Robert’s Rules of Order.
ARTICLE XIV
FEES, DUES, SPECIAL ASSESSMENTS, FINES AND OTHER PAYMENTS
Section 1.
A membership fee shall be paid by an employee before he/she becomes
an official member of the association.
Section 2. 84

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.
89
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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anyone to spend without duly adopted Board resolution shall be


deemed null and void from the beginning .
Section 9.
The books of accounts and other records of the financial activities of
the association shall be open for inspection by any officer or regular
member anytime during office hours.
Section 10.
Association funds shall be deposited in a reputable bank in the name
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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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together with the balance of the association funds shall be


distributed, pro-rata to its regular members, depending on the
amount of membership dues contributed to the association. The
general membership may be consulted to settle differences of
opinion.
ARTICLE XVI
COLLECTIVE NEGOTIATION
Section 1.
The collective negotiation for and in behalf of the general membership
shall be undertaken by the executive board and shall act as the
Negotiating Panel.
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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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The Committee on Grievance 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 evaluation of evidence submitted, the Committee on Grievance
shall render a written decision on the dispute within five (5) working
days from the termination of the hearing.
Section 5.
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Decisions of the Committee on Grievance shall become final unless


appealed to the General Membership within three (3) days from
receipt of a copy of a decision of the Committee on Grievance.
ARTICLE XVIII
IMPEACHMENT AND RECALL
Section 1.
Any of the following shall be ground for the impeachment or recall of
any DAVREMCEA officers:
1.1. Committing or causing the commission directly or indirectly of acts
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against the interest and welfare of the association;


1.2. Malicious attack against the association, its officers or against a
fellow DAVREMCEA officer or member;
1.3. Willful failure to comply with the obligation to turn over and
return to the DAVREMCEA Treasurer within ten (10) working
days an unexpected sum or sums of money received from
the association’s funds to answer for an authorized
association’s purpose;
1.4. Gross misconduct / conduct of unbecoming of an association
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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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addressed to the Chief of the Executive Board President;


2.2. The Chief Executive Officer / President 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;
2.3. DAVREMCEA officers against whom impeachment or recall
charges have been filed shall be given ample opportunity to
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defend themselves before any impeachment or recall vote is


finally taken;
2.4. A majority of all the regular members of the association shall be
required to impeach or recall association officers;
2.5. An association officer 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 during his / her tenure in the
agency ; and 103

2.6. The decision of the general membership on the impeachment or


recall charge shall be final and executor.
ARTICLE XIX
FISCAL YEAR
Section 1.
The association’s fiscal year shall commence on January 1 st and shall
end on 31st of December of every year.
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ARTICLE XX
AMENDMENTS
Section 1.
Any proposal for amendments to this Constitution may be made by
the Executive Board or upon the formal petition of at least ten
percent (10%) of the general membership.
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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.

Adopted and ratified this 23rd day of February of 2024 at DRMC


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with the list of members, together with their signatures, who


ratified the same appearing in Annex “A” hereof.

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