We, the UNITED FiLIPiNO SEAFARERS in various ship manning and ship management companies, believing that economic, moral, material and political well-being can be attained and improved only through collective efforts, understanding, cooperation and coordination under free and democratic labor organization;
Believing further, that Filipino seafarers play a vital role in the progress of the industry and that organized labor is an essential tool for its development and the promotion of national economy;
We, therefore, working people, cognizant of our duty to contribute to the advancement of the interest, happiness, prosperity and peace of the people in general and the toiling masses in particular, do hereby unite and establish ourselves into a labor organization and promulgate this Constitution.
NAME AND DOMICILE
Section 1. This organization shall be known as the UNITED FILIPINO SEAFARERS (UFS).
Section 2. The domicile and principal office of the UFS shall be located at Room Rms. 402 Gedisco Terrace Building, Ermita, Manila or in any place in the Philippines which the National Executive Board (NEC); may decide in the future.
Section 3. Regional and district offices may be created by the National Executive Board, whenever necessary, to serve its local affiliates and members, including its organizational activities.
AIMS AND PURPOSES
Section 1. The UNITED FILIPINO SEAFARERS (UFS) declares its aims and principles as follows:
a) To establish an effective, free and democratic trade union organization dedicated to the welfare of the workers;
b) To establish, maintain, develop and give assistance to the establishment of free and democratic workers group and labor unions in all industrial and agricultural establishment;
c) To promote democratic activities designed to effect mutual assistance among its members and affiliates;
d) To work for better and decent working conditions of workers for a wholesome living wage, shorter hour of work, economic sufficiency and security, social relief and just compensation for its members;
e) To work against the exploitation, oppression and domination of the workers and the toiling masses;
f) To work for best, appropriate and prompt social legislation, and the outlawing of the company-dominated unions;
g) To expand UFS membership and services;
h) To engage in labor education and any other programs for the purpose of developing responsible and democratic leadership in the trade union movement;
i) To promote and defend the workers’ right to self organization and collective bargaining, the freedom to join labor organization of their own choice to engage in concerted activities for mutual aid and protection;
j) To seek and cooperate with other labor groups, institution or organization;
k) To work for the improvement of employee-employer relationship towards industrial peace;
1) To promote natural family planning program and responsible parenthood; and
m) To support nationalistic industrialization.
Section 1. Any local union or any group of workers may become member of the UFS.
Section 2. No labor organization holding membership in any subversive organization or advocating the principles of such organization shall be admitted member of the UFS. Further, this and all subversive elements that are detrimental to its interests and the country and people as a whole.
Section 3. Affiliation for membership by a local union shall be in the form of resolutions approved by its members in the form of a written application. Membership of a local shall become effective only after acceptance and approved by the National President or any qualified, officers designated by the National Executive Board.
Section 4. Application for membership shall be accompanied by payment of fees provided hereafter.
Section 5. No local union can on its own disaffiliate from the UFS during the effectivity of its Collective Bargaining Agreement. It may disaffiliate provided:
a) That it has obtained approval of at least 50% of its general membership in a general membership meeting solely called for the purpose in which the representative of UFS is given an opportunity to be heard; and
b) That full payment of all arrears to the UFS is first made.
Any decision contrary to the above provision shall be considered null and void and any officer or member responsible thereof shall be subject to sanctions, including but not limited to expulsion from union office or membership, as maybe determined by the National Executive Board, or subject such local organizations under trusteeship as provided in Article VII hereof.
Section 6. The filing of notice of withdrawal by any member or local union is required but any withdrawal is valid only if the withdrawing member is not in arrears, and no pending charges are officially filed against it at the time of the submission of such notice withdrawal.
Section 7. The local union should be the exclusive representative of its members for the purpose of the collective bargaining and all matters affecting conditions of local union in undertaking its affairs upon request of the local union, except in cases where its direct intervention is necessary to preserve its integrity and in circumstances provide for herein.
Section 8. All members of the local unions are also members of the UFS.
Section 9. Any member who resigns, his/her membership shall be required to settle in full his/her accounts with the Union. No resignation shall be accepted unless clearance from all accounts has been certified to by the National Treasurer and duly verified by the National Auditor.
Section 10. Every member shall faithfully abide by the Constitution and By-laws of the UFS and all regulations, resolutions and guidelines that maybe promulgated by the National Executive Board, General Membership and Convention from time to time.
Section 11. The UFS shall establish and/or promulgate a set of By-laws to be uniformly followed by all local affiliates.
POWERS OF THE ORGANIZATION
Section 1. The governing body that determines and sets the policies and programs of the UFS as well as interprets this Constitution is the National Convention,
Section 2. Between Conventions, the highest authority shall be the National Executive Board.
Section 3. Functioning under the National Executive Board are the affiliated local unions.
Section 1. The National Convention shall be convened once every five (5) years in a place designated by the National Executive Board.
Section 2. The members to the National Convention shall be composed of members of local organization qualified to vote whose names are submitted to the National Executive Board two (2) weeks before the scheduled Convention.
Members who qualify within the period stipulated above have the right to vote on any issue before the Convention.
Members not so designated may attend the Convention but shall not have the right to vote and shall be bound by the declarations of the Convention, provided they shall have been properly notified about the Convention and of their right to attend as delegates prior to such Convention.
Section 3. A member is only entitled to one (1) vote, except as set forth in subsection (b) hereunder.
a) No member shall attend the Convention unless he has been in continuous good standing for the preceding six (6) months, unless the local union represented has been chartered for a lesser period, in which event the member shall have been in good standing from that date the local union was chartered.
b) No local union shall be permitted represented representation in the convention unless it has paid to the National Treasurer of the UFS all its financial obligations including those for the month when the Convention is to be held.
c) The number of member in each local union for purposes of this Article shall be determined by the average number of monthly per capita dues paid by the local union to the National Treasurer within the preceding twelve (12) months period prior to the Convention or from the date the local union was chartered, if for a lesser period.
d) A local union shall not be permitted to cast its votes by proxy unless when ten (10) days prior to the Convention it has submitted in writing such a request by a written answer provided that the union requesting for a proxy or proxies shall have paid fifty percent (50%) of the corresponding Convention fees, provided that no delegate is present in the Convention. In such a case, the local union which has been permitted to cast its votes by proxy may confer its voting power to a delegate present in the Convention, provided that no delegate shall represent more than one union.
e) No member shall be privileged to delegate his vote in the Convention to any other person, except to an alternative member of his delegation. A duly-elected alternate shall serve as delegate in the event that the regular delegate is unable to attend the Convention or is compelled by emergency to retire from the Convention before its session shall have been completed.
f) Officers with executive or administrative powers under Article VIII of this Constitution are automatically duly accredited as delegates to the National Convention.
Section 4. Any member of the UFS who is eligible maybe elected to the office whether or not he/she is a delegate to the National Convention.
Section 5. Special Convention maybe called by the National Executive Board of the National President at the designated time and place, provided, that such call state the purpose of the Special Convention. No other general meetings or Convention shall be held.
Section 6. The National Executive Board shall issue a Convention call to local unions in good standing not less than sixty (60) days prior to the opening date of the Convention. The local unions shall submit to the National Executive Board the list of their delegates thirty (30) days before the Convention.
Section 7. Fifty percent (50%) plus one of the voting strength of the members seated at any UFS Convention shall constitute a quorum. No business shall come before or be considered by the Convention at any session unless a quorum is present. In the event that the chairman of the Convention is unable to obtain a quorum on the last day of the Convention or there are unfinished businesses in the agenda of the National Convention all unfinished business of the Convention shall be referred to the National Executive Board for Resolution.
Section 8. The expenses of the members to the Convention before and after the Convention shall be paid by the local unions represented by them. The expenses of the delegates during the Convention, except those incurred by them outside the Convention meeting shall be paid by the UFS.
Section 9. Copies of all Resolutions and Constitutions amendments to be considered by the Convention by the Convention must be sent to the National Executive Board not less than a month prior to the date of the Convention. These will be served and distributed by the National Executive Board among the various and proper committees. It shall be the duty of these committees to study the proper course of action on these matters and submit their respective reports on such matters to the delegates in the Convention. All committees shall be composed of an odd number not to exceed five (5) except committees on Finance and Rules and Convention Resolutions and Constitutional Amendments.
Section 10. The National Executive Board shall create the different Standing Committees and appoint members thereof:
a.) Committee on Rules and Convention, Resolutions and Constitutional Amendments.
b.) Committee on Credentials, Defense and Defense funds.
c.) Committee on Elections.
d. Committee on Programs, Publicity, Invitation and Awards.
e) Committee on Coordination and Organization.
f.) Committee on Collective Bargaining.
g.) Committee on Education and Research.
h.) Committee on Investigation.
i.) Committee on Finance.
j.) Committee on Woman Welfare and Community Services.
Section 11. The proceedings of the Convention shall he governed by this Constitution and the Rules adopted at the preceding Convention shall be in forced from the opening day of any Convention until new rules shall have been adopted by the Convention itself. Each Convention may adopt rules for the conduct of its business not in conflict with the provision of this Constitution.
1. Call to Order
2. Report on Credentials
3. Report on Committees
5. Reports: National President, National Treasurer and other
6. Nomination and Election of Officers
7. Unfinished Business
8. New Business
Section 12. The business of the National Convention shall proceed in the abovementioned order of business, unless otherwise ordered by the Convention.
Section 13. The endeavor of the National Convention shall be to secure the widest possible measure of agreement rather than the carrying of simple majorities. When a vote is called for, however, the decision of the Convention shall be by majority, except in the case of proposals for the amendments of the Constitution, which must secure two-thirds (2/3) of the votes cast.
NATIONAL EXECUTIVE BOARD ELECTION AND TERM OF OFFICE
Section 1. The National Convention composed of the members of the local affiliates shall elect a National Executive Board composed of the National President, First and Second Vice Presidents, Secretary-General, National Treasurer, National Auditor. The National Executive Board shall be authorized and empowered to create and staff Regional Offices as the need arises.
Section 2. Once the members of the National Executive Board have been elected, they shall be regarded and in themselves regard as representing the UFS. In the event an officer of the National Executive Board ceases to be an officer of the local union, the National Executive Board shall immediately conduct its investigation on the causes of removal from local office to determine his/her continued incumbency in the UFS.
Section 3. Nomination and election of the members of the National Executive Board shall take place during the regular order of business of the National Convention, and shall be elected by secret ballot, if there are two or more candidates nominated for any position, except when the nomination and election is unanimous in which case balloting will no longer be necessary.
Section 4. The term of office of the members of the National Executive Board, except the local Presidents, shall be for a period of five (5) years.
Section 5. Vacancies in the National Executive Board shall be filled as follows:
a) If the Office of the National President is vacant due to absence from the country, or incapacitated or disabled to perform his functions, the National Executive Vice President shall automatically assume the functions of National President. If the vacancy occurs owing to the death of the National President, it shall be deemed as ipso facto vacant without a need for declaration of the vacancy. In the event of vacancy of other National Officers, the other elected National Officers that may be chosen and elected by majority of the members of the National Executive Board shall take over the vacant positions.
b) If the office of any of the other members of the National Executive Board is vacant, it shall be filled by the National Executive Board within thirty (30) days from such declaration of vacancy from among the members of the National Executive Board.
c) In the event of vacancy owing to the fact that a member of the National Executive Board has ceased to be a member of the local union or that he is no longer an affiliate, his replacement will be chosen by the National Executive Board.
THE NATIONAL EXECUTIVE BOARD DUTIES AND POWERS
Section 1. The National Executive Board shall exercise, perform and assume the duties and powers of the National Convention when the latter is not in session. All decisions of the Council, however, are subject to review by the National Convention.
Section 2. A quorum for the transaction of business shall be by majority of the members of the National Executive Board or fifty percent (50%) plus one (1).
Section 3. The National Executive-Board shall have the power to authorize the expenditures of the fund and the use of the property of the UFS, or the effectuation of any of the objects of the UFS; to borrow money and pledge any property to the UFS as security and to buy, sell, exchange, rent, lease or otherwise acquire or dispose of real or personal property.
Section 4. The National Executive Board shall be responsible for the establishment and maintenance of a general headquarters of the UFS.
Section 5. The National Executive Board shall have the right to and may exonerate form payment of per capital tax, local unions involved in approval strikes or in lookouts or for any other reason deemed satisfactory.
Section 6. The National Executive Board shall have the authority to make rulings on matters not covered by this Constitution, but which shall not be inconsistent with the provisions of this Constitution. It shall have the right to discipline subordinate bodies for violations of this Constitution.
Section 7. The National Executive Board may hire professionals and specialists on full time for departments and standing committees if they are not available within the membership. Other professional, specialist and experts on part-time may also be hired on a per job basis. The services of these staff members and consultants may be terminated by either party as deemed necessary by the Council and to the benefit of the UFS.
Section 8. The National Executive Board shall meet as many times a month as it deems necessary for the efficient functioning of the UFS.
Section 9. The National Executive Board shall have the power and authority to place an affiliate under Trusteeship or Receivership for violation of any provisions of this Constitution or upon request of the local union board for the preservation of the existence of the said local union. When the local union is place under Trusteeship, the UFS will conduct a periodic investigation to determine whether the need for a continuous existence
of a Trusteeship is still present otherwise, it shall be dissolved and the local union shall be administered by their elected officers.
Section 10. The National Executive Board shall have the power and authority to contract or negotiate for the assistance and services of a legal counsel or lawyers for (or any other technical or professional services) who shall handle the legal affairs of the UFS and its affiliated local unions. Affiliates may hire the services of another lawyer upon prior approval of the National President.
Section 11. The National Executive Board shall consider and act on all appeals of any nature, provided such appeals are made in conformity with this Constitution.
Section 12. The National Executive Board may require the National President and the National Treasurer bonded with a responsible surety company.
Section 13. The National Executive Board shall have a general provision of the affairs and properties of the UFS.
Section 14. The National Executive Board may create such other committees it may deem necessary to carry out the purpose of the UFS. Membership in these committees shall be drawn from its membership, provided that then Executive Board may appoint members who are not its members if such appointees are known to possess such qualifications for the best interest of the UFS.
Section 15. The National Executive Board shall be authorized and empowered to take such actions and render decision as may be necessary to carry out fully and adequately all provisions contained in this Constitution and By-laws, as well as authorized, and empowered to take such further decisions in between Conventions as may be necessary to safeguard and promote the best interest of the UFS and all its affiliated unions.
THE NATIONAL PRESIDENT
Section 6. The following are his duties and functions:
a) He shall be the principal Executive Officer of the UFS. He shall preside all Conventions and meetings of the National Executive Board, as often as it is necessary.
b) He shall direct and supervise all organizational functions of the UFS.
c) He or any agent or representative authorized by him may call and convene special meetings of local unions, their boards and committees.
d) The National President shall have the authorized to appoint, direct suspend or remove such organizers, representatives, agents and employees of the UFS as may deem necessary. He shall have the authority to fix all salaries for appointive employees subject to the approval of the National Executive Board.
e) He shall assign any elective officer of the UFS in represent or direct the workings of the UFS.
f) He shall decide dispute or questions in controversies, except such cases that follow the procedure and conditions as outlined in this Constitution. All his decisions are however, subject to appeal, first to the National Executive Board and then to the National Convention.
g) He shall be empowered to grant dispensations to local unions relating to the initiation fees and payment of monthly dues to the UFS, subject to the approval of the National Executive Board when in his judgment on such dispensation will add to the growth of or conserve the interest of the UFS.
h) He shall approve all expenditures of the UFS through use of vouchers to the National Treasurer and signed checks.
i) He shall supervise the publication of the UFS organ or medium of information and publicity.
j) He shall be the custodian of the Charters.
k) He shall have the deciding vote whenever the vote is equally divided on any question.
l) He shall be the supreme authority when the National Convention and the National Executive Board are not in session.
m) He shall have the authority to enter into contracts, acquire property and donations for and in behalf of the UFS.
THE VICE PRESIDENTS
Section 17. There shall be two (2) Vice President, namely, the First Vice President and the Second Vice President. The First Vice President shall be in-charge of internal affairs. He shall perform the functions of the National President in case the latter is absent, incapacitated or disabled to perform his functions. He shall perform such other duties that the National President or the Executive Board may assign him. He shall be responsible for the effective implementation of the directive that the Board may assign him. He shall be responsible for the effective implementation of the directives of the National President. The Second Vice President shall be in-charge of external affairs. He shall perform the functions of the National President in case the First Vice President is absent, incapacitated or disabled to perform his functions.
THE SECRETARY GENERAL
Section 18. The following are his duties and functions:
a) He/she shall act as Secretary of the Convention and the meetings of the National Executive Board. Shall preserve documents, books, papers, etc., all letters sent and received by the UFS or its behalf. He shall be subject to the direction of the members of the National Executive Board.
b) He/she shall sign and issue charters to local unions duly signed by the National President and the National Vice President for Organization and Administration. He/she shall report to the National Executive Board all applications for charters received by him/her and the action, if any, taken thereof.
c) He/she shall keep a complete record of the membership of the UFS.
d) He/she shall suply each Convention delegates a printed copy of the Convention procedure.
THE NATIONAL TREASURER
Section 19. The following are his duties and functions:
a) He shall keep correct accounts of all financial transactions of the UFS; receive all funds and deposit them in its name in depositories or invest them in securities approved by the National Executive Board. He shall make all other payments for expenses incidental to the work of the UFS.
b) He may arrange for the services of a Certified Public Accountant to prepare an annual Financial Report on the Assets and Liabilities of the UFS for presentation to the National Executive Board and the National Convention and the Secretary of Labor and Employment.
c) When a local union has failed to report and pay the monthly dues, he shall immediately notify the local union President and the National Executive Board
THE NATIONAL AUDITOR
Section 20. The following are his duties and functions:
a) He shall audit, check, verify and examine all financial accounts of the UFS supervise entries in the books of the UFS. He shall certify on the reports on the National Treasurer regularly as may be required by law.
b) He may periodically check and audit the books accounts of the affiliated local unions and perform such other functions as may be assigned by him by the National President or the National Executive Board.
BOARD OF DIRECTORS
Section 21. The Board of Directors shall be in-charge of the legislative functions of the UFS under guidelines to be issued by the National Executive Board. The Board of Directors shall consult the different standing committees of the UFS on matters, problems and areas that may be subject to a UFS rule, regulations or policy. It shall be composed of the National President, First and Second Vice Presidents, Secretary-General, National Treasurer and National Auditor duly-elected during the National Convention.
Section 1. Each local union shall elect by a majority vote the following officers: President, Vice President, Secretary, Treasurer, and Auditor and other officers in accordance with its Constitution and By-laws or Resolutions of its general membership.
Section 2. The officers of the local union shall perform duties and power as are usual to their position and in accordance with the provision of their Constitution.
Section 3. The local union may adopt its Constitution and By-laws for its government which shall not be inconsistent with this Constitution.
Section 4. No local union shall be disbanded or withdrawn by its own motion no matter where taken and how taken without the consent of the majority or more of its members as evidenced by their desire to continue the said local union either through the continued payment of dues, notice to the National President or his representative, orally or in writing or in any other manner acceptable to the National President.
Section 5. The title to all properties, funds, records and assets of any nature, kind or description with or entrusted to, or held in the name of local union or its agents or trustees shall be deemed to remain and shall in fact remain the property of the local union and the UFS shall act for and be the trustee for the local union with respect to any such property, funds, records and assets when such local is under supervision or receivership or trusteeship. In the event any local union is disbanded, withdrawn or suspended and not reinstated within (90) days thereafter, all property, funds, records and assets shall be placed in the General Fund of the local union and such fund shall be equally divided pro rata to all members under the supervision of UFS.
Section 6. The following rules shall be mandatory in the local union elections:
a) Every member in good standing shall be entitled to vote in local union elections:
b) All elections shall be held under the supervision of the Commission on Election (COMELEC) of the local union.
c) No candidate in any election shall be a member of the COMELEC having supervision over such election.
d) Any eligible candidate in any election shall have the right to submit his commonly known name to the COMELEC in writing as he desire it to appear in the ballot and it shall so appear.
e) Each candidate shall shave the right to have one (1) watcher present when the votes are cast and when they are tabulated, provided that such watcher shall be a member of the local union.
Section 7. All vacancies in local union officers, except the office of the President shall promptly be filled by election. Provided that the local union may provide other means for filling such vacancies for the temporary period pending the holding of election. In case of a vacancy in the office of the President, the Vice President shall fill in the vacancies for the unexpired term.
Section 8. The Presidents of all local unions are automatically members of the National Executive Board.
Section 9. All local unions are entitled to all assistance and protection of the UFS conferred by this Constitution to all membership.
Section 1. Unionized seafarers may apply for a charter as a union and upon receipt of a charter shall constitute a local union.
Section 2. Application for charters shall be made to the Secretary-General. They shall be accompanied by the share due the UFS of the initiation fee of each member in the sum of ONE THOUSAND PEROS (PHP 1,000.0) as a charter fee. Upon approval of the application by the National Executive Board, a duly executed charter containing such provision as the National Executive Board may prescribe, shall be delivered to the application and such other initial supplies as may be necessary.
Section 3. The charter of a local union may be suspended or revoked, if the local union ignores or fails to enforce or violates this Constitution or the policies of the UFS by the National President subject to the approval of the National Executive Board.
REVENUE AND PROPERTY
Section 1. Revenue of the UFS shall be derived from the monthly dues, initiation fees, reinstatement fees, interest on money on deposit, assessment levied in accordanc with the provisions of the Constitution.
Section 2. Each local union shall pay monthly dues to the UFS in the amount of not less than TEN PESOS (PHP 10.00) a month per member or one half of its local union dues whichever is higher.
The above amounts, however, shall not apply to Chartered Members which shall pay not less than FIVE PESOS (PHP 5.00) a month per member.
Section 3. Each affiliated local union shall pay to the UFS the amount of ONE THOUSAND PESOS (PHP 1,000.00) as entrance or initiation fee.
Section 4. A local union shall have the right to assess each member on financial obligation other than those stated in the preceding sections of this Article.
Section 5. Any member having arrears in dues within the time required by a local union, which in no case shall be more than three (3) months, unless officially exonerated from payment of the same by the local union, shall automatically be suspended from membership and can be reinstated by paying reinstatement fee and such other penalties that maybe imposed by the local union in which he is suspended.
Section 6. The reinstated member must pay the dues for each month of delinquency in dues up to either the date of his automatic suspension or the date of his reinstatement as the local union it its discretion may determine, plus any reinstated fine the local union in its discretion may determine, plus any reinstated fine the local union may levy.
Section 7. When a member is suspended for non-payment of dues and the Treasurer or other Officers of the local union accept his payment of dues thereafter, acceptance of his dues shall not mean that they are capable of exonerating or reinstating the member, or to waive the provision of the Constitution relative to forfeiture and reinstatement of members.
Section 8. A local union failing to pay full monthly dues to the UFS within three (3) months period shall stand automatically suspended until the local union has been reinstated through the payment of deficiency incurred unless exonerated from payment of same as provided in this Constitution.
Section 9. The UFS may impose a fine on any member or Officers to attend the Convention and meetings without valid reason. The fine shall not be less than FIFTY PESOS (PhP 50.00) for the first offence and expulsion for the third offence.
Section 10. All revenues of the UFS shall go to the General Fund, except the monthly dues which shall be divided as follows:
a) The General Fund shall be used to defray all expenses of the organizations;
b) The Education and Research Fund shall be disbursed as the National Executive Board may decide; and
c) The Welfare Fund will be disbursed in accordance with its rules and regulations for its purpose.
Section 11. At the end of fiscal year, the National Executive Board shall prepare a budget estimate of expected receipts and the expenses for the following year, provided that whenever there has been an increase in membership and there are available funds, amendments to this budget may be done whenever the occasion demands so.
SALARIES AND ALLOWANCES
Section 1. The UFS shall grant salaries/allowances for elected officers, staff members and all others who may serve the UFS to be determined by the National Executive Council.
Section 2. The actual amount of salaries and allowances of staff members, technical assistants, lawyers, professional services and elected officers shall be determined by the National Executive Council.
Section 3. Any paid elected officer and staff may waive all or part of his salary or compensation.
Section 4. An elected, officer shall receive a per diem of FIVE HUNDRED PESOS (PhP 500.00) for every meeting called by the UFS that he actually attended and participated in.
Section 5. All elected officers of the UFS shall be allowed transportation and accommodation allowances when on official business. They shall also be allowed other expenses in the performance of their official duties, provided that these expenses are first approved by the National President or the National Executive Council.
Section 6. The National Executive Council may allow extra compensation for organizers or any officer or member of the staff may receive fees and extra compensation for extra and meritorious services rendered to local organizations.
Section 7. Upon written authority of members of local organizations, individual officers of any member of the staff may receive fees and extra compensation for extra and meritorious services rendered to local organization.
Section 1. In case of a strike of a local affiliate, it shall be the duty of its local officers to inform the National Executive Council of the causes of the strike in order to determine the kind and form and assistance and support that it may give to said local affiliate.
Secrion 2. No local union shall be entitled to receive any strike aid unless the union has been in continuous good standing for six (6) months prior to the effective date of the strike except in the case of newly organized or affiliated unions.
Section 3. Immediately after a strike has bee stage or declared, the UFS shall give strike aid from the strike fund base upon the needs on the local union or as may be fixed by the National Executive Council.
Section 1. A member or officer of the Federation and/or its affiliated local unions may be charged upon the following grounds:
a) Violation of any section of the Constitution of the Federation or the local union
to which the member or officer belongs.
b) Advocating directly or indirectly participating in any action designed to assist a rival labor organization or to transfer the affiliation of any chartered or affiliated local union from the Federation.
c) Failure to properly account for any funds, money property or assets of the Federation or of any affiliated local union thereof which may come into his possession.
d) Engaging in the breaking of a properly and legally authorized strike of any union affiliated with the Federation.
e) Maliciously and falsely slandering officials of the Federation or any of its affiliated with the Federation.
f) Tampering with the ballots or in any manner, interfering with the affair and proper account of a local union election.
g) Disobedience to regulations rules mandates, and decrees of the Federation or any of its affiliated local unions in which the accused may be a member.
h) Engaging in conduct unbecoming a member of the Federation and detrimental to the interest and welfare of the membership of the Federation or an affiliated local union.
Nothing herein stated, however, shall infringe upon the rights of the member to criticize any action or policy of the Federation or local union administration.
Section 2. The trial procedure shall be as follows:
A) For a member of a local union:
1. The accusation shall be based upon charges filed in writing with the President of the local by not less than two members in good shall affix their signatures thereto.
2. The President Vice president and the Treasurer shall then meet and investigate The charges by requiring the accusers, the accused any and all witnesses to appear and shall fully investigate the evidence supporting the charges.
3. If monitory of the local union officers shall vote for a trial upon the charges after it has held meeting, it shall cause the charges to be read at the next regular meeting of the local.
4. In the event the accusers are not satisfied with the Executive Officer decision and feel that such decision is biased, they can appeal to the local union in the regular meeting and if able to obtain a two-third (2/3) majority rule, can.
5. Override the officers decision and can bring the accused to trial before the local union.
6. Either the President or the accused may thereupon request trial by any regular or Special meeting of the local within thirty (30) days from the date of the meeting within these charges is presented.
7. The accused may be assisted, or be represented at the trial meeting by a fellow member of his selection and shall be given every reasonable opportunity to present a proper defense.
8. The accused shall enjoy the right to be confronted with the witnesses against him and to examine the evidence presented in the support of the accusation.
9. The accused shall have the right to present any evidence relevant to the charges, which he believes, will support his cause.
10. At the meeting the local union shall elect a fair and impartial Chairman to preside over the trial.
11 At this meeting, each member of the local union shall have the right through the accused or his representative or the accuser to examine and question the witnesses and evidence for and against the accused.
12. After the evidence has been presented for and against has been presented and against the accused, the accused shall be excused from the meeting and the membership shall have the right to fully discuss and weigh the evidence presented and thereafter to take a vote by secret ballot on the charges made against the accused.
13. If majority of the members present vote to sustain the charges then the regular meeting shall be reconvened.
14. The chairman of the trial meeting shall report the findings to the regular meeting.
15. The membership by a majority vote may thereupon impose any one or all of the following penalties:
a. A fine of not more than ONE HUNDRED PESOS [ P 100]
b. Suspension of any or all the rights of membership for a definite period of time; and
c. Expulsion from the union.
d) For the officer of a local union, the same procedure shall be followed except that the charges shall be made with the National President who shall then is not under accusation.
e) For a National Officer, the same procedure shall be followed, except that the charges shall be tilled with the National Executive Council which shall create a committee of three (3) from among its membership who shall conduct a preliminary investigation and submit recommendations to the council, which shall conduct a trial of the accused upon insistence of the accused.
Section 3. If the accused shall be found guilty, they shall be privileged to appeal,
provided such an appeal is made in writing within thirty (30) days from the date the accused are found guilty.
a. The member or officer of the local union found guilty of the charges against him may appeal to the local union or the Federation to which he is still affiliated, then the National Executive Council, and finally to the National Convention whose decision is final and unappealable.
b. The member or officer of the National Executive Council found guilty of the charges against him may appeal to the National Convention for a final and unappealable decision.
LABOR EDUCATION AND RESEACH
Section 1. The Federation shall conduct seminars and seminar activities on existing labor laws, collective bargaining agreements, company rules and regulations and other related matters. These seminars and similar activities may be conducted or in independently or m cooperation with the Department of Labor and Employment and other labor institutions.
Section 2. A special fund for labor education and research shall be maintained. Fifteen percent (15%) of the monthly union dues shall be allocated for this purpose, and if the amount is not sufficient the Federation may periodically assess and collect a reasonable amount from its members for such fund.
RATIFICATION OF CBA
Section 1. All collective bargaining agreements in order to be valid shall be approved and ratified by the majority of the general membership or at least a majority of the employees in the bargaining unit.
FINAL DISPOSITION OF FUNDS
Section 1. In the event Federation is dissolved due to cancellation of its registration certificate affiliates its properties shall be sold to its members or if no member is interested or wanting to buy, the same shall be sold to the general public and the proceeds there of with the remaining and union funds shall be distributed equally and proportionally to all existing members in members in accordance with their length of membership with the Federation or local union as the case may be.
Section 1. As the supreme law of the Federation and its affiliated local unions, this Constitution and by- law shall not be completely changed and may only be amended by two-third (2/3) or sessions of the National Convention, and/or between National Convention upon the two-third (2/3) vote of the members of the Federation’s National Executive Council and the approval of the majority of the member affiliates in a referendum hold for the purpose.
CONTRACT AND NEGOTIATION
Section 1. the local union to which a member belongs shall be his exclusive Representative for the purpose of collective bargaining. The UFS upon the request of the local union shall assist in his behalf before any board, court, committee, or tribunal in any matters affecting its status.
Section 2. before a contract or supplemental is submitted to the employer, it may first be submitted to the National Executive Council to effectuate an industry wide standardization of a agreements on a wages are apprenticeship programs standard and working conditions.
Section 3. The National Executive Council shall protect all local unions that have succeeded in establishing higher wages and favorable condition and have superior agreements so that no infringement by a local union with inferior plans doing similar works any be committed against with advance agreements.
Section 4. Copies of all contracts of agreements between a local union and employer shall have the signature of the National President or his authorized representative before they become effective or valid.
CERTIFIED CORRECT BY:
ROLANDO G. TALAMPAS
NELSON P. RAMIREZ