Constitution and By-Laws (2005-2018)

We, the members of College Faculty Union of Ateneo de Davao University (CFU-ADDU), having established a perpetual organization for the purpose of enhancing our economic, social and moral well-being; for social justice and political consciousness through legitimate collective efforts, by the grace of God and under the blessings of a democratic government, do hereby promulgate this Constitution and By-Laws.

Section 1. Name - This organization shall be known as the College Faculty Union of Ateneo de Davao University.

Section 2. Office - The CFU-ADDU shall have its office in 23 Jupiter Street, Toril, Davao City.

Section 1. Statement of Principles - As a matter of Union policies:

1. CFU-ADDU believes that the organized labor is catalyst for social justice to attain changes in Philippine society.

2. CFU-ADDU subscribes to principles of democratic organization as the means of protecting and upholding the individual and collective rights of all the members.

3. CFU-ADDU affirms the inherent right of teachers to engage in concerted actions that will promote the economic, social and general wellbeing of all the members, in particular, and the working class in general.

Section 2. Union Objectives - CFU-ADDU shall aim:

1. To promote the organization of the Ateneo de Davao University employees for purposes of collective bargaining, mutual aid and protection of, for and among its members;
2. To promote and develop cooperativism among its members;
3. To institute union education programs and to train its members in democratic governance, in the defense and protection of their rights, in the development and promotion of their productive capacities, and the enrichment of their spiritual and cultural values, pursuant to the principle that the union is a school for workers;
4. To uphold the principles of genuine trade unionism.

Section 1. Field of membership - Any full-time college faculty member of ADDU not otherwise disqualified by law, regardless of sex, race , nationality, religious or political belief or affiliation, is eligible for membership in the union.1. CFU-ADDU believes that the organized labor is catalyst for social justice to attain changes in Philippine society.

Section 2. Admission of members - The membership Committee, upon thorough evaluation of an applicant for membership, shall accept new members.

Section 3. Rights and Obligations of Members - All CFU-ADDU members shall have the following rights:

1. Access and participation in all meetings, including the right to participate in the deliberation and to vote.
2. Access to records of the union subject only to reasonable rules.
3. Equal rights with other members who fall within the circumstances and are accorded similar benefits.
4. Every member has the obligation to attend the required union education seminars.

Section 4. Disqualification from Membership - Members of illegal organizations are disqualified from membership in the CFU-ADDU. Those who, by false declaration, obtain membership in this union who are actually members of such groups, shall be expelled.

Section 5. Expulsion, Suspension, Cessation of Membership - Proceedings for expulsion, suspension and cessation of Membership shall adhere to the provisions laid out in Article XI of this Constitution.

Section 1. Regular General Membership Meeting - A General Membership Meeting shall be called by the Executive Board at least once a year, to be held on the 21st day of January.

Section 2. Special General Membership Meeting - Special General Membership Meeting shall be called by the Executive Board, as the Board may deem necessary and convenient to the majority of the members.

Section 3. Quorum - Fifty percent (50%) plus one (1) of the members shall constitute a quorum to transact business.

Section 4. Basic Powers of the General Membership Meeting - The General Membership Meeting shall have the power to elect the Executive Board of the CFU-ADDU; exclusive power to amend this By-Laws; and promulgate such union laws and regulations governing minor meetings and the functions of the Executive Officers.

Section 1. Executive Board (EB). The governing body of the Union shall be the Executive Board (EB) whose membership shall be elected through secret ballot by the general membership.

Section 2. Powers and Duties - The EB shall be the highest executive body to implement the provisions of this Constitution and By-Laws, promulgate implementing rules and regulations, approve an annual budget and other expenditures, create union positions, approval appointments to executive positions, regulate financial operations, ratify affiliation agreement entered into by the President for and in behalf of the organization and promulgate rules and regulations on disposition of Union funds in case of voluntary dissolution or cancellation of the union registration certificate.

Section 3. Composition - The EB shall be composed of the President, Vice-President, Secretary, Treasurer, Auditor, Public Relations Officer and Board of Directors. The Board of Directors shall be composed of four (4) members.

Section 4. Meeting and Quorum - Regular meetings of the EB shall take place on the last Saturday of every month with appropriate notice to be sent out by the Secretary to each member. The time and place shall be designated as the President may deem convenient to the majority of the members. Fifty percent (50%) plus one (1) attendance shall constitute a quorum to transact business.

Section 5. Special Meeting - Special meeting of the EB may be called anytime, either at the call of the President, or upon the request of the majority of the Executive Board.

Section 6. Interim Executive Board - The Interim EB shall be elected by secret balloting during the organizational meeting called for the purpose of duly organizing the union. The members of the Interim EB shall hold office as the Executive Officers of the Union until their successors are elected after the First Regular Meeting.

Section 1. The President shall be the Chief Executive and his/her duties and powers shall include the following:

1. Preside over all meetings and deliberations of the general membership and Executive Board.

2. Appoint all members of standing committees of CFU-ADDU with the concurrence of the majority of the EB.

3. Approve vouchers covering the applications or expenditure of the CFU-ADDU funds before payment or disbursement is made by the Treasurer.

4. Call special meetings of CFU-ADDU or the EB whenever s/he deems necessary or upon written request of at least twenty percent (20%) of the general membership or a majority of the members of the EB.

5. Represent CFU-ADDU on all occasions and all matters.

Section 2. The Vice President shall perform the duties and functions of the President in case of the latter’s absence, death, or resignation. S/he shall perform functions that may be assigned to him/her by the President.

Section 3. The Secretary shall perform the following duties and functions:

1. Take down the minutes of the meeting of the general membership and of the Executive Board.

2. Keep a book of Minutes and Resolutions and continuing Registry of all members of the CFU-ADDU.

3. Act as a custodian of all records, documents, minutes of the meetings of the Executive Board and of the General Membership, as well as printed and/or written policies, projects, and activities of the CFU-ADDU.

4. Submit annually to the Department of Labor and Employment a List of officers and their respective addresses, minutes of the election and list of voters within thirty (30) days from the date of election or from concurrence of change of CFU-ADDU officers, and such other documents or papers as may be required by the Department.

Section 4. The Treasurer shall perform the following duties and functions:

1. Collect, receive and issue receipts for all monies, funds and contribution of CFU-ADDU.

2. Make sure that all disbursements and payments made by him/her are covered by vouchers and accompanied by necessary receipts.

3. Keep records of all receipts and expenditures.

4. Prepare the required financial reports The rendering of such accounts shall be made:

• At least once a year within thirty (30) days after the close of the CFU-ADDU's fiscal year which is December 31.
• At such other times as may be required by a resolution of the majority of the members of the CFU-ADDU.
• Upon vacating his/her office or dissolution of the CFU-ADDU for any cause.

5. The financial report shall be duly audited by an independent Certified Public Accountant (CPA) and a copy thereof shall be furnished to the Department of Labor and Employment.

Section 5. The Auditor shall audit, verify and examine all financial accounts of the CFU-ADDU. S/he shall supervise the entries in the books of accounts of CFU-ADDU and shall render a report of his/her audit to the Executive Board and the General Membership.

Section 6. The Press Relations Officer shall be in charge of making necessary reports and/or information that need to be conveyed to the members of the CFU-ADDU. With the approval of the Executive Board, s/he may design and publish a newsletter for CFU-ADDU. S/he shall take care of keeping in touch with other legitimate labor organizations.

Section 7. The Board of Directors shall be in charge of the legislative functions of the CFU-ADDU, subject to the approval of the General Membership. The Board shall consult the General Membership and/or the different standing Committees of CFU-ADDU on matters, problems and areas that pertain to CFU-ADDU rules, regulations or policy.

Section 1. To ensure coordination and efficiency in the transaction of Union matters and in order to realize the objectives of this Constitution, the following five (5) standing Committees are hereby created:

a. Committee in Membership shall receive, deliberate, and report all matters pertinent thereto the Executive Board. It shall implement rules, regulation and decisions as may be promulgated by the Executive Board of the General Membership on the admission of members in the Union.

b. Committee on Adjudication shall investigate internal Union disputes in accordance with Article XI of this Constitution. It shall assist in the presentation of settlement of Union grievance with management subject to pertinent provisions of the existing Collective Bargaining Agreement (CBA).

c. Committee on Labor Education and Research shall prepare, adopt, and implement labor education programs and activities that will promote the enlightenment of the members in regard to the prevailing labor legislation, rules issuances and policies that affect the members directly or indirectly.

d. Committee on Collective Bargaining shall conduct research and gather all the data as may be necessary in collective bargaining negotiations. It shall assist the Union negotiating panel in the preparation of all necessary papers, documents and materials in the collective bargaining.

e. Committee on Welfare shall be responsible for the adoption and implementation of programs, projects, and activities that will promote and protect the general welfare of members.

Section 1. Committee on Election (COMELEC). – The COMELEC shall be created by the Executive Board at least thirty (30) days before any regular or special election. It shall promulgate rules and regulations that will ensure a free, clean, honest and orderly election whether regular or special.

Section 2. Composition. – The COMELEC shall be composed of a Chairman and two members of whom shall be appointed by the Executive Board.

Section 3. Dissolution. – The COMELEC shall automatically dissolved thirty (30) days after the duly elected officers are proclaimed.

Section 4. Qualification to Vote and Candidates for Elective Positions. – All members of the union in good standing shall be eligible to vote in union election and qualify for any elective position of the union.

Section 5. Voting. - Voting shall be by secret balloting and the election shall be decided by plurality of votes.

Section 6. First Regular Election. – The First Regular Election shall be called by the Interim Executive Board within thirty (30) days after its election or after the Union is duly recognized by the institution as the bargaining agent of the faculty of Ateneo de Davao University. The COMELEC shall ensure free, clean, and honest election.

Section 7. Regular Election. – Every five (5) years, on the same day of the month that the First Regular Election was held, the general membership shall elect the officers of the Union. The duly elected officers shall meet within one week following their proclamation, at which time the outgoing administration shall turnover all records and properties of the Union to the new administration.

Section 1. Admission Fee. – An annual fee of ten pesos (Php 10.00) shall be paid by an applicant before he/she officially becomes a members of the Union.

Section 2. Regular Dues. - Every Union member shall pay regular dues to the Union in the amount of (Php 20.00). The collected amount will be remitted to the Union Treasurer.

Section 3. General Fund. - All amounts collected pursuant to the two preceding sections shall constitute the General Fund of the Union, to be applied to the operational and organization expenses of the Union or any purpose or object as may be authorized by the general membership meeting duly called for the purpose.

Section 4. Rationale. Every member shall contribute to the Union such as an amount as may be fixed by the 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 objectives:

a. Labor education;

b. CBA negotiations;

c. Welfare and cooperative programs; and

d. Such other plans and programs that will promote the interest and welfare of CFU-ADDU and Members.

Section 5. Special Assessment. Special Assessment to other extraordinary fees such as payment of attorney’s fees shall be made upon a resolution duly ratified by the general membership by secret balloting.

Section 6. Non-Payment or Deferred Collection. Any Member who has two (2) months in arrears in the payment of his/her regular monthly dues or who fails two (2) times to pay the special assessment, fines, or other payments required to be made shall cease to be a member in good standing and may be subjected to other disciplinary actions. In the event of sickness, leave of absences without pay, and other similar causes, the Executive Board may excuse non-payment or defer collection thereof at its discretion.

Section 7. Receipt. – Every payment of fees, dues, or other contributions by a member shall be evidenced by a receipt signed by the Treasurer making the collection and entered into the records of the Union to be kept and maintained for the purpose. Every expenditure of the funds of the Union shall be evidenced by a receipt from the person to whom the payment is made and shall include the date, place, and purpose of such payment. Each receipt shall form part of the financial records of the Union.

Section 8. Book of Accounts. The books of accounts and other records of financial activities of the Union shall be open for inspection by any officer or member anytime during office hours.

Section 1. Negotiating Panel. The collective bargaining for and in behalf of the general membership shall be undertaken by the Executive Board and the Negotiating Panel, the members of which shall be elected by the general membership.

Section 2. Ratification of the Collective Bargaining Agreement. The Collective Bargaining Agreement (CBA) resulting from the bargaining shall be subject to ratification and approval by majority vote of the Union members at a meeting conveyed or by a referendum held for this special purpose.

Section 1. Declaration of Policy. Every member of the CFU-ADDU must, in the exercise of his/her rights and in the performance of his/her obligations as Member or Officer, observe honesty and good faith in their dealing with one another, promote cooperation and solidarity and advance the cause of genuine trade unionism.

Section 2. Causes for Disciplinary Action. Members or officers found guilty of the following acts shall be subject for expulsion or impeachment:

1. Disloyalty - Conspiring or proposing to conspire in the organization of another union or organization intended to destroy or discredit CFU-ADDU.
2. Negligence - Wilful negligence in the performance of a prescribed function may be a ground for expulsion.
3. Usurpation - When a member or officer performs the function of an office without there being any color of election or appointment shall be considered as usurpation.
4. Other Acts - Other acts which are analogous to the above-stated grounds for disciplinary action and the commission of any punishable by law and related to Union work, such as theft, including deceit, slander, physical violence against co-member, grave threats or any other acts inimical to the interest of the Union, shall be ground for impeachment or expulsion.

Section 3. Procedure - In case of discipline of members or impeachment of officers, the due process of law shall be observed and the following procedures shall be followed:

1. Disputes involving CFU-ADDU Members or its Officers shall be made in writing and submitted to the President who shall undertake to have these differences settled amicably.
2. In the event of failure to settle the dispute amicably the President shall pass on the dispute to the Adjudication Committee, which shall in turn undertake to investigate or hear the case on the Member.
3. The Adjudication Committee shall require the Respondent/s within two (2) days from the date of the aforementioned confrontation of the parties to reduce their answers in writing and submit the same to the Committee. Thereafter, both sides shall be entitled to a hearing.
4. After proper evaluation of evidence submitted, the Committee on Adjudication shall render its written decision on the dispute within three (3) days from termination of the hearing.
5. Decisions of the Committee on Adjudication shall become final unless appealed to the general membership within three (3) days from the receipt of a copy thereof.

Section 1. The CFU-ADDU's fiscal year shall commence on 01 January and end on 31 December of every year.

Section 1. Proposals for Amendment. Proposals for Amendment to this Constitution may be made by the Executive Board or upon formal petition of at least ten percent (10%) of the general membership.

Section 2. Ratification of Proposals for Amendment. No proposal shall be considered an amendment and become part of this Constitution until after the same shall have been ratified by two-thirds of all the Members of the Union, either at a special meeting or a referendum called for such purpose.

Section 1. This Constitution shall take effect on the day following its ratification.