All UP Academic Employees Union

ALL U.P. ACADEMIC EMPLOYEES UNION (AUPAEU)
University of the Philippines
Diliman, Quezon City

CONSTITUTION AND BY-LAWS
PREAMBLE

We, the faculty and the research, extension and professional staff, collectively known as the academic sector in all constituent campuses of the University of the Philippines, hereby constitute ourselves as the ALL U.P. ACADEMIC EMPLOYEES UNION (All U.P. - Acad).
We are aware of our role in the pursuit of the mission of the University as a sacred trust of the Filipino people. We are also conscious of the need to consolidate our collective strength as a means towards effective participation in decision making on matters affecting our interests and welfare.

We commit ourselves to protect our rights and to advance our interests towards decent work, under conditions which enhance creativity, excellence, freedom, justice, dignity, security and equity without discrimination for all academic employees in the University.

We fully realize that our effort to enhance the quality of our life forms part of the general movement to achieve a just and democratic social order, and a better standard of living for the Filipino people. We affirm our responsibility to contribute to the unity and well-being of all employees of the University of the Philippines and all disadvantaged members of Philippine society.

Aware of these premises, we hereby promulgate these Constitution and By-laws.

Article I. NAME AND ADDRESS

Section 1. This Organization shall be known as the ALL U.P. ACADEMIC EMPLOYEES UNION (AUPAEU, or All U.P. Acad), hereafter referred to as the UNION, with address at the University of the Philippines, College of Social Work and Community Development (CSWCD), Diliman, Quezon City, Metro Manila, Philippines.

Section 2. For collective negotiating purposes, the definite employer is the University of the Philippines System, hereinafter referred to as the Agency, the principal place of operation of which is at Quezon Hall, UP Campus, Diliman, Quezon City, Metro Manila, Philippines.

Article II. PRINCIPLES AND OBJECTIVES

Section 1. The UNION shall devote itself to the promotion and protection of the economic and democratic rights and the general welfare of faculty and REPS in the University. The UNION shall secure for its members the most just and reasonable terms of employment, and eliminate oppressive features of employment. To this end, it shall engage in collective negotiations and bargaining, and undertake concerted activities.

Section 2. Through appropriate education programs, the UNION shall provide the fullest opportunity for its members to enhance their social and political awareness, to the end that they become militant in the defense and advancement of their interests and rights in the University and in Philippine society in general.

Section 3. The UNION shall promote closer relationship and mutual; understanding among its members and forge a strong alliance with the administrative sector of the University and the community at large, in order to achieve greater unity and to mutually work for the advancement of common interests and goals.

Section 4. The UNION shall continuously inform its members about critical public issues and shall undertake a united stand on these questions, in the interest of their collective concerns in common with the rest of the working people.

Section 5. The UNION shall establish close relations with other labor organizations and centers which share the UNION's principles and objectives, both national ad international.

Article III. UNION MEMBERSHIP

Section 1. Any faculty member or research, extension and professional staff (REPS) of the University of the Philippines who subscribes to the Constitution, By-laws, policies and rules of the UNION shall be eligible for membership.

Section 2. Membership shall include UP academic employees whose employment is permanent, temporary or contractual in nature.

Section 3. Application for membership shall be on a prescribed form properly accomplished by the applicant. Membership shall be subject to approval by the Union Chapter Council (UCC) and reported to the National Executive Board (NEB).

Section 4. The National Council of the UNION shall decide on specific cases, and determine or interpret criteria on qualification for membership, as recommended by the National Executive Board.

Section 5. Any member, who resigns or retires from work or whose employment is in any way terminated, may retain membership together with appropriate rights and prerogatives, provided payment of dues and special assessment is sustained.

Section 6.
(a) Membership may be suspended or terminated by the National Council,
upon recommendation by the chapter council, after appropriate
hearing, on any of the following grounds:
(1) Disloyalty to the UNION;
(2) Non-payment of dues for six (6) months;
(3) Culpable violation of the Constitution, policies and decisions of the
UNION.

(b) The National Council shall provide for the appropriate procedure for
appeal in cases of termination or suspension of membership.

Article IV. GENERAL ASSEMBLY

Section 1. The General Assembly shall be the supreme authority of the UNION.

Section 2. The General Assembly shall have the following powers and functions:
(a) Adopt policies and decisions, in the form of resolutions, concerning the collective interest of the members of the UNION.
(b) Evaluate the programs and projects as proposed or as implemented by the National Council and by the National Executive Board.
(c) Review the operations and activities of the UNION.
(d) Elect by secret ballot the following national officers: (1) National
President; (2) National Vice-President; (3) General Secretary; (4) National Treasurer; (5) National Auditor; (6) Public Relations Officer; and (7) three (3) directors, elected at large, who will comprise the National Executive Board.
(e) Deliberate and decide on the matters in the agenda;
(f) Consider and approve the reports of the National Council, the National Executive Board, and the Chapter Councils.
(g) Fix dues and fees payable by the members of the UNION.
(h) Promulgate regulations governing the budget of the UNION, and the audit of its funds.
(i) Create other duties as it may deem necessary.
(j) Amend or revise the Constitution and By-laws of the UNION.

Section 3. The General Assembly shall be composed of all members of the National Council and such number of delegates as may be chosen in the following manner:
(a) There shall be a maximum of ten delegates for every 100 members in
each chapter, provided that the Faculty and REPS shall be represented in any case by at least two delegates;
(b) If the membership in each chapter exceeds a hundred, it shall be
entitled to two additional delegates for every 50 members in excess of
the basic one hundred fixed in paragraph (a) above
(c) The National Executive Board shall determine the number of delegates
from each chapter and sector at least three (3) months before each
general assembly.

Section 4. The General Assembly shall be called to a regular session by the National Council once every three (3) years, after the first general meeting, which shall be considered as the foundation day of the UNION. Special assemblies shall be called as the need arises.

Section 5. The Executive Board shall determine the date, time, and place of the General Assembly, including the number of delegates, subject to approval by the National Council which should ensure availability of funding for regional delegates.

Section 6. Notice of the General Assembly, together with the proposed agenda as approved by the National Council through the recommendation of the Executive Board, shall be issued and circulated by the General Secretary with assistance by the Union Secretary, at least fifteen (15) days before the date of the session.

Section 7. By a vote of at least two thirds of its members, the National Council may call the General Assembly to a special session to take up such matters as maybe specified by the National Council, such as the recall or impeachment of national or chapter officers.

Section 8. The National President shall preside over the sessions of the General Assembly. She/He may however designate substitutes during appropriate intervals.

Section 9. Decisions and resolutions adopted at the General Assembly shall take effect upon its adoption, unless otherwise specified.

Article V. NATIONAL COUNCIL

Section 1. The National Council shall be the highest governing body of the UNION in between sessions of the General Assembly. It has the power to formulate and implement the plans of the UNION, based on the direction, resolutions, and guidelines set by the General Assembly.

Section 2. The National Council shall be composed of the members of the National Executive Board, whose members are elected by the General Assembly and the President and Vice-Presidents of the UNION's Chapters. Representation of faculty and REPS should be insured in the composition of the National Council.

Section 3. The National Council shall have the authority to:
(a) Approve the operational budget, sources of funds, and financial plans of the UNION, as recommended by the Executive Board.
(b) Authorize the National President and the General Secretary, upon recommendation by the Executive Board, to undertake the following:
1. Enter into contracts, including employment contracts to support the operations of the UNION.
2. Borrow money and execute mortgage or pledge of UNION property.
Buy, sell, exchange, rent, or otherwise acquire or dispose property in the interest of the UNION.
Appoint officers of the UNION, in case of vacancy or incapacity.
Appoint employees of the UNION secretariat.

(c) Approve the levy of special assessments as recommended by the
National Executive Board.
(d) Approve compensation, allowance, and other benefits for officers and
employees of the UNION, subject to such terms and conditions as
maybe provided.
(e) Elect substitutes or replacements for National Executive Board
members who resign, retire, or who become ineligible to serve for
health reasons, or death. The substitutes or replacements shall serve
the unexpired term of the previous incumbents.
(f) Decide appeals from decisions of Chapters regarding membership, discipline, and other matters which have implications upon the whole UNION.

Section 4. The National Council shall convene in a regular meeting at least twice a year. The Council shall fix the date, time, and place of such meetings, through an approved resolution proposed by any council member. The General Secretary shall notify council members at least eight (8) working days before each meeting of the Council.

Section 5. The National Council may be called to a special meeting on a written request of at least half of its members, with a specified agenda.

Section 6. The National President shall preside over the meetings of the National Council. He/She may designate a substitute or replacement for the role as presiding officer, for health or other reasons.

Section 7. A majority of the members of the National Council shall constitute a quorum. In case of a lesser number of members present is lower than a simple majority, the members present may constitute themselves into an Executive Committee, and decide matters within its competence, as specified in the agenda. Such decisions shall be binding upon approval of the National Council provided that due notice together with the proposed agenda had been served on the members of the National Council at least eight days before the date fixed for the meeting. The National President or the presiding officer designated in case of his/her absence, shall report to all members who were absent the decisions taken by the Executive Committee not later than five days following the meeting.

Article VI. NATIONAL EXECUTIVE BOARD

Section1. The National Executive Board shall be the executive authority of the UNION, and act as its governing body in between meetings of the National Council. It shall adopt and implement a program of action based on resolutions, decisions, and policies of the General Assembly and the National Council. Its term of office shall coincide with the conduct of the regular GA or three (3) years.

Section 2. The National Executive Board shall be composed of the following officers: (a)National President; (b) National Vice-President; (c) General Secretary; (d) National Treasurer; (e) National Auditor; (f) Public Relations Officer; and three (3) Directors elected at large.

Section 3. Committee chairs maybe invited as resource persons in the meetings of the National Executive Board, but they have no voting power.

Section 4.
(a) The National Executive Board shall convene in a regular meeting at
least once in a month in a day, time, and place specified in a
resolution by the Board. Special meetings may be called by the
National President, in consultation with the National Vice-President
and the General Secretary.
(b) Notices of meetings for the National Executive Board shall be signed
by the National President, and certified and circulated by the General
Secretary at least five (5) days before each meeting, with a special
agenda, time, and venue.
(c) In all meetings, a majority of the members of the National Executive
Board shall constitute a quorum.
(d) The National President shall preside over the meetings of the National Executive Board. She/He may designate a substitute or replacement as presiding officer as appropriate, for health or other reasons.

Section 4. The National Executive Board shall in a resolution, specify, establish, and maintain the national offices of the UNION; define the job titles, qualifications, duties and responsibilities, employment duration and status, compensation and benefits, discipline and grievance procedure for the union staff. It shall also discuss and approve the performance and evaluation of each union staff, as undertaken by the General Secretary, and determine their employment status.

Section 5. The National Executive Board, through the National President and certified by the General Secretary shall report and communicate its decisions to the National Council at regular intervals.

Article VII. DUTIES OF NATIONAL OFFICERS

Section 1. The National Officers of the UNION shall be the following: (a) National President; (b) National Vice-President; (c) General Secretary; (d) National Treasurer; (e) National Auditor; (f) Public Relations Officer.
Section 2. The National Officers shall be elected by majority vote of the General Assembly, and shall hold office until its next regular session and until their successors shall have been duly elected and qualified.

Section 3. The National President shall:
(a) Preside over the sessions of the General Assembly and the meeting of the National Council and National Executive Board.
(b) Coordinate with the General Secretary on the administration and management of the affairs of the UNION.
(c) Represent the UNION in national and international meetings and conferences.
(d) Act as the official spokesperson of the UNION.
(e) Perform other functions as the General Assembly or National Council may specify or assign.

Section 4. The National Vice-President shall:
(a) Perform the functions of the National President if the latter is unable to exercise them.
(b) Undertake studies and report on the concerns of the faculty and REPS.
(c) Perform such other tasks as designated by the National Council or the National Executive Board.

Section 5. The General Secretary shall:
Assist and coordinate with the National President in the preparations for the General Assembly and the meetings of the National Council and the National Executive Board.
Head and manage the UNION Secretariat, specify the job titles, duties,employment conditions and compensation of each union staff, undertake their performance evaluation; ensure adequate and efficient services to support the goals of the UNION.
Coordinate with the National Treasurer in checking the general standing of chapters and their delegates, in the payment of union dues, preparatory to the General Assembly.

Perform other functions as the General Assembly, the National Council, or the National Executive Board may authorize.
Issue, certify, and circulate notices of meetings called by the National President. These include meetings of the National Executive Board, the National Council, the National Assembly, and the union committees.
Consult with the National President on the agenda as well as the date, time, and place of the meetings.
Maintain and act as custodian of the records of the UNION, such as
membership, resolutions, decisions, and related records.
Supervise and delegate the recording of the meetings of all meetings (General Assembly, National Council, National Executive Board); write and edit the minutes, check, verify, and certify to their accuracy, and ensure reproduction and dissemination of the same. The General Secretary is entitled to staff support to undertake these tasks.

Section 6. The National Treasurer shall:
(a) Collect and receive all union dues and other funds of assessments.
(b) Take custody of union funds and other property, and keep a continuing record of the deposit and withdrawal of funds in banks.
(c) Report on the status of UNION funds in each regular meeting of the National Executive Board, the National Council, and the General Assembly.
(d) Provide recommendations for fund raising, improvement of financial management, and related concerns.
(e) Recommend and operating budget for the union, in consultation with the National President, General Secretary, the National Vice-President, other officers and committee chairs.
(f) Sign checks for and in behalf of the UNION subject to countersignatures by the National President or other designated officers.
(g) Assist the National Auditor in the examination and analysis of the
union's financial records.

Section 7. The National Auditor shall:
(a) Audit, analyze, and provide recommendations on the use and
disbursement of unions funds during regular meetings of the National
Council and the General Assembly.
(b) Ensure the preservation of the union's financial records.
(c) Provide audit reports on the status of union funds.
(d) Request for appropriate staff support, to include the engagement of
professional auditing consultants, with the approval of the National
Council.

Section 8. The Public Relations Officer shall:
(a) Ensure effective public relations for the UNION by drafting and finalizing statements in consultation with the members of the National Executive Board.
(b) Disseminate statements to union members, as well as the print and broadcast media; request and coordinate staff support in this regard.
(c) Recommend and supervise the Editor and members of the Editorial Staff of the union newsletter and publications.
Section 9. The Directors (3) at large shall:
(a) Assist in the legislative and research functions of the UNION.
(b) Assist in the supervision of the committees.

Section 10. All national union officers have a term of office of three (3) years. They may be reelected, but could serve for a maximum of two terms.

Article VIII. UNION COMMITTEES
Section 1.(a) The following are the standing committees of the union:
(1) Organization and Membership; (2) Public Affairs and Campaigns;
(3) Research and Education;
(4) Finance;
(5) Grievance, and
Negotiations; and
(6) Women and Gender.
(b) The National Executive Board, in consultation with Chapter officers
appoints the chairs and membership of these committees, after each
General Assembly.

Section 2. The Organization and Membership Committee shall have the following functions:
(a) Provide a report on the status of active and inactive membership to the
National Council, and the General Assembly.
(b) Implement decisions on membership rules and policies.
(c) Develop plans and programs to increase union membership in each
chapter.
(d) Examine and confirm the credentials of delegates to the General
Assembly, decide protests or challenges filed, provide
recommendations and submit a report to the National Council and the
General Assembly.

Sections 3. The Public Affairs and Campaigns Committee shall have the following functions:
(a) Assist the Public Relations Officer in the writing, drafting, editing, and
consultations on appropriate union statements for specific issues.
(b) Disseminate the union position as widely as possible through posters,
flyers, statements, and the like.
(c) Participate in solidarity activities with other union organizations, both
local and foreign.
(d) Act as coordinators for the production and dissemination of the union
newsletter, statements, posters, flyers, and the like.
(e) Exert efforts to develop a positive image for the union.
(f) Be in the forefront of campaigns to counter negative issues against the
union.
(g) Lead in the campaign to promote the general welfare of members.
(h) Develop programs and projects to support the union's campaign on
specific issues and concerns.

Section 4. The Research and Education Committee shall have the following functions:
(a) Undertake background research and surveys on key issues concerning
union concerns and issues, for the benefit of the officers and members.
(b) Develop educational programs identified by the National Council and
the National Executive Board, to raise awareness and leadership
competencies of union members as well as officers.
(c) Develop and reproduce pertinent educational materials on union
leadership, and other aspects of union participation in decision making
in the University.
(d) Submit a report to the National Council and General Assembly on
activities undertaken in relation to research and education.

Section 5. The Finance Committee shall have the following functions:
(a) Assist the Treasurer in the financial management of the union.
(b) Undertake fund raising, and other income-generating activities or
projects for the union; manage such projects in behalf of the union, but
as authorized by the Executive Board and the National Council
through a resolution.
(c) Provide support to financial budgeting.
(d) Assist in the preparation and preparation of financial statements.
(e) Provide other advice and assistance in relation to financial matters.
(f) Receive complaints filed by union members related to the financial
affairs of the union, and as referred to the Committee by the Executive
Board, examine and decide on the complaints, and submit a report to
the National Council and the General Assembly.

Section 6. The Grievance and Negotiations Committee shall have the following functions:
(a) Assist the Executive Board and Chapter Officers in negotiations for
University-wide as well as specific chapter concerns.
(b) Represent the union or any member in grievance committees,
meetings, and related procedures.
(c) Prepare background materials and other pertinent information in preparation for negotiations.
(d) Act as the watchdog in the implementation and monitoring of compliance with agreements, in relation to the University administration.

Section 7. The Women and Gender Committee shall take initiatives in educational and other activities for ensuring the active participation of women in the Union and for ensuring gender sensitivity among its members.

Section 8. Additional or specific committees and subcommittees may be constituted by the National Council, as recommended by the National Executive Board and the Chapter Presidents. The composition and the work of each committee shall be duly reported in the meetings of the Executive Board, the National Council and the General Assembly, and published in the Union's special newsletter.

Section 9. The General Secretary as head of the union secretariat shall coordinate and supervise the work of the union committees. Appropriate resources shall be provided, depending on the availability of union funds.

Section 10. Each Committee shall be headed by a Committee Chair, assisted by a Vice Chair, and Secretary. The National President, in consultation with, and the approval of the Executive Board, shall designate the Committee Officers. Their terms of office shall be at least for one year. Committee membership shall be reconstituted as often as necessary, by the National President in consultation with and with the approval of the National Executive Board through appropriate resolutions.

Section 11. The Union Chapter Presidents shall designate at least three members to the standing committees, through appropriate consultation with their members.

Section 12. Each standing committee shall meet at least twice a year, or as often as necessary to accomplish their tasks, within the resources available and the agreed timetable, and as convened by the Committee Chair.

Article IX. AFFILIATION

The All U.P. Academic Employees Union together with the All U.P. Workers Union shall constitute the All U.P. Workers Alliance to ensure the continuing unity between administrative and academic employees of U.P.

Article X. UNION CHAPTERS

Section 1. The ALL U.P ACADEMIC EMPLOYEES UNION shall be composed of the following:
(a) the faculty, including full-time and part-time faculty, lecturers, teaching associates, and assistants.
(b) the research, extension, and professional staff (REPS) including medical officers.
(c) medical officers and resident physicians in PGH.

Section 2. Sectoral meetings and assemblies may be convened, under the leadership of the Chapter President and the Chapter Vice-Presidents, and in consultation with other union officers.

Section 3. Union Chapter Councils shall be organized in each University campus. The chapter Council is composed of the Chapter Officers, and the elected representatives of members from each college or unit within the chapter. For every ten members, at least one college or unit representative may be elected, and participate in the meetings and activities of the Union Chapter Council.

Section 4. Each chapter shall have nine (9) officers, with the following duties and responsibilities:
(a) Chapter President: presides over meetings and activities of the chapter; initiates meetings; notifies members and officers; coordinates with the national officers; provides reports as requested by the national officers.
(b) Chapter Vice-President for the Faculty: leads the faculty sector in specific activities and campaigns within the chapter; coordinates with the National Vice-President.
(c) Chapter Vice-President for the REPS: leads the REPS sector in specific activities and campaigns within the chapter; coordinates with the National Vice-President;
(d) Chapter Secretary: keeps the minutes of meetings, membership records, and consults with the chapter chair in the setting of the time, date, and place of meetings; heads the local chapter secretariat;
(e) Chapter Treasurer: keeps the financial records of the chapter; monitors payment of the union dues; assists in union fund raising activities; provides reports to the national treasurer as requested; issues remittances and assessments to the national union fund; coordinates with the union auditor; signs checks, receipts, and payments for the union, provided that checks and withdrawals from chapter bank accounts shall be countersigned by the union president;
(f) Chapter Directors (4) at large: represent the chapter in meetings, negotiations, as requested by the chapter president; provide support in the other areas of operation of the chapter.

Section 5. UP Manila resident physicians will also have their own representative/s.

Section 6. The Chapter Officers have a term of office of three years. They may be reelected, but should serve for a maximum of two terms only.

Section 7. The Chapter Officers are directly elected by their members in a regular election. The National Executive Board shall constitute a Search and Election Committee (SEC) for each chapter when there is a need for an election. The SEC will set the rules, procedures, date, time, and place for the elections. Qualifications, nominations, rules, procedures, and other details shall be disseminated and posted at least one month before the chapter elections.

Section 8. The National Council, upon recommendation of the National Executive Board shall have authority to consolidate smaller units into one chapter, or to create entirely new chapters.

Article XI. UNION DUES, FEES, AND BUDGET

Section 1. A one-time membership fee of ONE HUNDRED PESOS (P100) shall be paid by each applicant before he/she becomes a regular member of the Union.

Section 2. Every regular member shall pay regular monthly dues to the union, in the minimum amount of TWENTY PESOS (P20) per member. Additional voluntary monthly contributions may however be authorized individually by the Union member.

Section 3.
(a) The National Council shall approve the annual budget of the Union, as
recommended by the National Executive Board. Provisions shall be
made for operational expenses, programs to serve the union
members, and staff support of the Union Secretariat, the standing
Committees, and the Chapters.
(b) National officers and Committee members shall provide service to
the Union and the members in a voluntary capacity. They shall not receive compensation. Necessary expenses for transportation, accommodation, meals, and related expenses may however be provided in the annual budget, subject to approval by the National Council, and subject to the availability of the funds.

Section 4. Each chapter shall remit half (50 percent) of their union monthly contributions to the national treasurer, in the name of the UNION. The Chapter shall submit an annual budget proposal for approval by the National Council, on the intended use of 50 percent of the funds. The Chapters shall also submit a liquidation report by the end of the year, on how the chapter budget was used.

Section 5.
(a) Every member shall contribute to the UNION such other amounts as
maybe fixed by the General Assembly, after a thorough discussion of
the resolution for the purpose. Special assessments to solicit union
funding support may be proposed for the following:
a. Mutual benefit fund
b. Campaign and negotiations fund
c. Welfare programs
d. Education and training programs
e. Collective action and mobilization fund
f. Other programs to promote the interest and welfare of the UNION
(b) Proposals for these special assessments shall however be discussed
in the General Assembly only if there have been improvements in
compensation brought about by the collective strength of the UNION
membership.

Section 6. Assessments for extraordinary fees such as legal and other professional fees shall be proposed through a resolution, and ratified by secret ballot of the general membership.

Section 7. Any member who failed to pay monthly dues for three months or more shall cease to be member in good standing, subject to disciplinary action and imposition of fines, to be determined by the National Executive Board and approved by the National Council. Membership may be restored upon fulfillment of the necessary disciplinary action.

Section 8. Monthly dues of members who are sick or are incapacitated may be waived by the National Executive Board, upon request by the member concerned.

Section 9.
(a) All payments and receipts of funds or income for the UNION shall be
provided with an official union receipt, to be signed either by the
National Treasurer, Chapter Treasurer, or their duly authorized
representatives.
(b) Receipts from union dues and income shall state the date, amount and
name of the person providing the payment or donation.
(c) Receipts for payment of union expenses shall state the date, amount,
and purpose or nature of the expense item; and the person, entity, or
organization who received such payment.

Article XII. DISPOSITION OF UNION FUNDS
In case of voluntary dissolution of the Union or through a final order for cancellation of the registration certificate, the Union member shall enjoy equity to the Union properties to the extent that properties shall first be sold to the Union members and the proceeds therefrom, together with the balance of the Union funds shall be distributed, pro-rata to all members, based on the amount of membership dues contributed to the Union.

Article XIII. QUORUM AND RULES OF ORDER
Section 1. Except as provided herein or by law, a majority vote shall prevail at meetings and deliberations of the Union. A majority of the members as the case may be shall constitute a quorum to officially transact any business.

Section 2. The order of business of the meetings of the Union shall be:
(a) Roll call;
(b) Proof of due notice;
(c) Consideration of the minutes of the last meeting;
(d) Report of officers, executive board, and committees including statement of financial condition and operation;
(e) Unfinished business;
(f) Election/appointment of directors and committee members;
(g) New business;
(h) Other matters; and
(i) Adjournment.

Article XIV. COLLECTIVE NEGOTIATION
Section 1. Collective negotiation for and in behalf of the general membership shall be undertaken by the Executive Board or by a Negotiating Panel composed of members which are duly designated by the National Council.

Section 2. The Collective Negotiation Agreement resulting from the negotiations shall be subject to ratification and approval by majority vote of the union members at a meeting convened or a by a referendum held for such purpose.


Article XV. SETTLEMENT OF INTERNAL DISPUTES
Section 1. Disputes involving Union members or any of its officers shall first be exhausted and settled at the chapter level. The Union Chapter Council shall undertake measures to settle their disputes amicably.

Section 2. In the event of failure to settle disputes amicably at the chapter level, such dispute shall be elevated to the National Executive Board which shall create a committee to hear the case. Thereafter, the Committee shall hear the case at hand and shall require both parties to attend a hearing scheduled for the purpose.

Section 3. After proper evaluation of evidence submitted, the Special Committee shall render its written decision on the dispute within five (5) working days from the termination of the hearing.

Section 4. Decision of the Committee shall become final unless appealed to the General Membership within three (3) days from receipt of a copy of the decision of the Special Committee. The appeal shall be submitted to the National President.

Article XVI. IMPEACHMENT AND RECALL

Section 1. Any of the following shall be grounds for the impeachment or recall of any Union officer:

(a) Committing or causing the commission directly or indirectly of acts against the interest and welfare of the Union;
(b) Malicious attack against the Union, its officers, or against a fellow Union officer or member;
(c) Failure to comply with the obligation to turn over and return to the Union Treasurer within fifteen (15) days the unexpended sum or sums of money received from the Union funds to answer for an authorized Union purpose;
(d) Misappropriation of Union funds and property. This is without prejudice the filing of an appropriate criminal or civil case against the responsible officer or officers by any interested party.
(e) Willful violation of any provisions of this Constitution or rules, regulations, measures, resolution, and decision of the Union.

Section 2. The following procedures shall govern impeachment and recall proceedings:
(a) Impeachment or recall proceedings shall be initiated by a formal petition or resolution signed by at least 30% of all bonafide members of the Union and addressed to the National President.
(b) The National 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. In case the President is the subject of the proceedings, the Vice President shall convene the meeting.
(c) Union officers against whom impeachment or recall charges have been filed shall be given ample opportunity to defend themselves before any impeachment or recall vote is finally taken. However, the affected Union officer cannot delay the proceedings by refusing to defend her/himself, by walking out of the meeting, or by not attending the meeting, provided that s/he is duly notified.
(d) A majority vote of all the members of the Union shall be required to impeach or recall union officers.
(e) The Union officers impeached shall ipso facto be considered resigned or ousted from Office and shall no longer be elected nor appointed to any position in the Union.
(f) The decision of the general membership on the impeachment and recall charge shall be final and executory.

Article XVII.FISCAL YEAR
The Union's fiscal year commence on 1January and end on December 31 of every year.

Article XVIII. AMENDMENTS AND REPEAL CLAUSE

Section 1. Amendments to the Constitution and By-laws may be proposed and discussed through a resolution in the General Assembly. A vote of at least two-thirds of those present in the General Assembly is necessary for the ratification of the amendment(s).

Section 2. In case any judicial or quasi-judicial body declares any section of this Constitution and By-laws as contrary to law, and these are repealed or modified, the remaining provisions shall remain to be in full force and effect.

Article XIX. EFFECTIVITY

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

Date ratified: December 7, 2001
Place of ratification: School of Labor and Industrial Relations (SOLAIR)
University of the Philippines, Diliman, Quezon City.

Certified correct:


Melania L. Abad
General Secretary


Attested:


Judy M. Taguiwalo