The Philippine Trade and General Workers Organization
The Philippine Trade and General Workers Organization (PTGWO) is presently the biggest labor federation in the country.
The PTGWO was originally known as the Philippine Transport Workers Organization (PTWO). It was established in 1953, just after the passage of the Industrial Peace Act (Republic Act 875) or the Magna Carta for Labor. The founding president was Bro. Roberto S. Oca Sr. – a labor leader who rose from the ranks in the Port of Manila. He organized the transport workers and led in the struggle against labor exploitation. He was the first National President of PTWO. A building, in the street now bearing his name, served as its first office at the South Harbor.
PTWO represented the interest of the workers in the transport industry, including the seafarers and the drivers. However, as the years went on and the membership of the organization grew, it had to accept workers belonging to other industries. Thus, the name was changed to Philippine Transport and General Workers Organization. This was to include all the other workers from the food, beverages, electronics, textile, wood, paper, metal, plastic, services and manufacturing.
Bro. Oca founded the Trade Union Congress of the Philippines (TUCP). He became its founding president. The TUCP was, and continues to be, the biggest labor center in the country.
In February 1978, Bro. Oca died. Bro. Andres L. Dinglasan, former Executive Vice-President, became the second National President. He led the organization for 19 years. His presidency was marked with success stories in terms of promoting the welfare and protection of workers’ rights across the regions of the country. PTGWO has expanded its operation as a labor federation and commanded respect of labor and other various government offices and agencies.
Bro. Dinglasan was appointed Commissioner of the Social Security System. He likewise became a Congressman, representing the worker sector in the House of Representatives.
The untimely death of Bro. Dinglasan in 1997 paved the way for Bro. Victorino F. Balais to succeed as the third National President. Under his leadership, PTGWO had gone beyond traditional trade unionism. It was transformed into a social movement.
Under his watch, the federation continued to watch over the fate of the working class in the formal economy. PTGWO considered collective bargaining as a plant-level partnership. On the other hand, the federation also gave a serious look at the workers in the informal sector.
PTGWO also took the path out of conventional organizing. It reached out to all types of workers in different establishments – formal and informal groups, to include cooperatives, mutual-benefit associations, and community based organizations, and even micro finance networks.
Also, the organization promoted education and training for all its members. Legal services were made available to all members, as well as those seeking legal assistance, not only the formal sector, but also the informal and overseas-based workers.
PTGWO’s concerns went beyond its membership. It participated in social and labor issues at the national and global levels. It also joined collective actions in whatever form and beyond enterprise levels.
The organization led the advocacy and campaign for eliminating child labor in the textile, garments, and leather industry. It also joined in the government’s active campaign for the implementation of agreements and protection of migrant workers from their country of origin up to their countries of destination. It fully supported the promotion of gender equality; organizing of the workers in the informal sector; establishment of social protection for all; development of a sustainable environment; and decent work for all.
At the national level, PTGWO continued to be an affiliate of the TUCP and the International Textile Garments and Leather Workers Federation (ITGLWF – Philippines Council). It established strong linkages at the international level and continued to be an affiliate of the following global unions: the International Textile, Garments, and Leather Workers Federation (ITGLWF – Brussels, Belgium); the Textile Workers in Asia Pacific Regional Organization (TWARO – Tokyo, Japan); the International Transport Federation (ITF – United Kingdom), and International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers Federation (IUF- Switzerland).
During his term as national president, Bro. Balais was appointed Commissioner of the Social Security System and a Trustee of the Overseas Workers Welfare Association (OWWA).
In January 2014, Bro Balais died. The former National Secretary, Atty. Arnel Z. Dolendo succeeded him. Known for being an intellectually gifted, tactical and spirited legal counsel, as well as a relentless organizer of labor unions, the PTGWO, under Bro. Dolendo’s tenure, has become, without a doubt, the biggest labor federation in the country.
PTGWO remains to be a beacon of responsible trade unionism. The federation counts around a hundred affiliate labor unions in almost all industries. These include transport, maritime, food, beverage, steel, mining, manufacturing, petroleum, banking, educational institutions, garments, petrochemical, metal, plastic, paper, construction, agriculture, sports, entertainment, electricity, water utilities and other industries. These unions are the certified bargaining agents of the employees it represents. They are with valid and existing collective bargaining agreements (CBA).
The federation has likewise expanded its workers’ rights advocacies. Its worker organization affiliates include minimum wage earners, women workers, business process outsourcing (BPO) and migrant workers.
The present officers and members of the National Executive Board are the following:
NATIONAL OFFICERS:
ATTY. ARNEL Z. DOLENDO
National President
ATTY. ARVIN C. DOLENDO
National Vice-President
DARIUS M. GUERRERO
National Secretary
LIBERATO S. DE LORETO
National Treasurer
ARLENE R. MAÑALAC
National Auditor
MEMBERS OF THE NATIONAL EXECUTIVE BOARD
MANUAL RAMON MALLONGA
Union President of Essilor Mfg. Employees union-PTGWO
RAFAEL E. SAMPANG
Union President of Sumi Phils. Supervisory Union-PTGWO
MELQUIADES QUIGAO
Chairperson for Education
PSBA QC Faculty Association – PTGWO Union President
CARLO GABRIEL O. TABIA
Chairperson, Youth/Directo for International Cooperation
ELINO GONZALES
Member
President – Indo Phil Textile Workers Union
LARRY PONTERO
Member
President – Monde M. Y. San Workers Union
LUIS Y. RENDON, III
Member
President – Manila Water Employees Union
SAMMY DIAZ
Member
President – Phil. Rabbit Bus Lines Labor Union
JOSEPHINE GAVINO
Member
President – Association of Luzon Development Bank Employees
ANDY LORILLA
Member
President – Titan Rubber Workers Union
VIRGILIO C. TOLENTINO
Member
President – Maynilad Water Sewerage Union
JOSE ALDEN MANALUSAN
Member
President – Coca Cola BBPI Sales Force Union
CIPRIANO M. LAYLO
Member
President – Manggagawa ng Nestle Lipa Factory
JON CHRISTIAN C. ARROYO
Member
President – Security Bank Employees Union
RUFO L. MONROY
Member
President – Miescor Builders Labor Union
ANTONIO C. GONZALES
Member
San Miguel Metal Closure Employees Union
VICTOR BARBIETO
Member
President – Association of Clark Development Corporation Surpervisory
NELSON C. TORRES
Member
President – Alliance of Yokohama Supervisory
JERWIN WAJE
LGBTQ representative
GERALDINE ESPINOSA
Women Representative
Phil Association of Migrant Workers and Advocates
SR. BERNADETTE GUZMAN
MIGRANT WORKERS representative
ORGANIZATIONAL CHART
Labor Unions and Workers Organizations
The PTGWO has over 200 local affiliates in the area of Luzon, Visayas and Mindanao
Labor Federation and Worker's Organization
The PTGWO has over 200 local affiliates in the area of Luzon, Visayas and Mindanao.
Labor Union and Affiliates
The Philippine Trade and General Workers Organization has over 200 local affiliates from the areas of Luzon, Visayas and Mindanao.
Constitution and By-Laws
PHILIPPINE TRADE & GENERAL WORKERS ORGANIZATION (PTGWO)
(FORMERLY PHILIPPINE TRANSPORT AND GENERAL WORKERS ORGANIZATION)
(Registration Permit No. MM-IP-1194)
CONSTITUTION
PREAMBLE
WE, members of the PHILIPPINE TRADE & GENERAL WORKERS ORGANIZATION, imploring the aid of Almighty God in order to establish a strong, united, vigilant, progressive, caring, responsible and militant national labor organization to effectively serve the cause of labor in various industries in the Philippines; to exhort our members to be responsible and law-abiding citizens; and to help establish industrial democracy to enable us to assist in the economic prosperity of the nation; promote our collective and individual welfare, protect and assert our constitutional and statutory rights as workers and safeguard and advance our economic security and well-being, do hereby ordain and promulgate this Constitution.
Article I
Name and Seal
Section 1. NAME. This organization shall be known as the PHILIPPINE TRADE & GENERAL WORKERS ORGANIZATION (PTGWO), otherwise known and hereinafter referred to as the “NATIONAL ORGANIZATION”.
Section 2. SEAL. The seal of the National Organization is a composed of a pair of wings signifying its capability and determination to obtain its goals. The wings are attached to a wheel which symbolizes various industries which comprise the National Organization’s membership. Inside the wheel is the globe, wherein the map of the Philippines is on the façade and the acronym of the National Organization’s name, the flag of the Philippines and countries signifying the countries of its international affiliations, are superimposed.
Section 3. National Headquarters and Regional Branches. The National Headquarters of the National Organization shall be in Metro Manila. The National President, whenever he deems it necessary and with the approval of the National Executive, may establish regional branches.
ARTICLE II
AIMS AND OBJECTIVES
Section 1. The National Organization declares its aims and objectives as follows:
- To organize labor in both public and private sectors in various industries and among non-formal sectors into democratic labor organizations and work for their unification under a vigilant and responsive national labor organization;
- To accept affiliation of local unions in the formal sector, and organizations, associations and federations in the non-formal sectors;
- To develop and strengthen, together with affiliated organizations and chartered unions, a policy making body in order to realize common objectives and to coordinate, guide and support its activities;
- To establish schemes of mutual assistance between and among affiliate organizations and chartered unions engaged in disputes and to provide appropriate machinery for the settlement of jurisdictional disputes among them;
- To establish and implement standard code of ethical trade unions and organizational practices in order to regulate the conduct of affiliated unions and organizations and develop a corps of ethical, principled responsible and trust worthy labor leaders;
- To establish and develop linkages with local and international labor and developmental organizations and actively participate and support their activities geared toward the promotion of the interest of the labor sector;
- To initiate and/or actively support the passage and proper implementation of laws that shall benefit workers through full employment, decent wages, employment security, shorter hours of work and humane working conditions;
- To conduct a continuing trade union education program in order to develop decisive, responsible, caring and vibrant members.
ARTICLE III
STRUCTURE AND GOVERNANCE
Section 1. NATIONAL CONVENTION – The supreme authority to govern and determine the programs and policies of the National Organization shall be the NATIONAL CONVENTION, which shall convene every five (5) years.
Section 2. NATIONAL EXECUTIVE BOARD – The interim authority to govern the National Organization between conventions shall reside in the National Executive Board.
Section 3. NATIONAL COUNCIL – The National council shall be a consultative and recommendatory body representing the various organizations from the different industries and sectors on matters or issues referred to it by the National Executive Board.
Section 4. EXECUTIVE FUNCTION – The executive function shall be exercised by the National President who shall be the Chief Executive Officer as specified in this Constitution and by-laws.
Section 5. JURISDICTION OF THE NATIONAL ORGANIZATION – The National Organization shall have jurisdiction over all members of affiliated or chartered local unions, member organizations, associations and federations from both the formal and non-formal sectors.
ARTICLE IV
MEMBERSHIP
Section 1. MEMBERSHIP. – The membership of the NATIONAL ORGANIZATION shall be composed of affiliated local unions, chartered local unions and other associations or organizations of labor both in the formal and non-formal sectors.
Section 2. AFFILIATED LOCAL UNIONS AND OTHER LABOR ASSOCIATIONS, ORGANIZATIONS OR FEDERATIONS. Affiliated local unions and other labor associations, organizations or federations are those having their own independent registration or legal personality but opted to join the National Organization, duly issued Certificate of Affiliation and reported to the Department of Labor and Employment. The affiliate shall have the power to enact and enforce their own constitution and by-laws and policies which, however, shall not be contrary to or otherwise inconsistent with the provisions of this Constitution and by-laws.
Section 3. CHARTERED LOCAL UNIONS. Chartered local unions shall refer to a union in a certain bargaining unit in a particular employer or employer’s unit, organized to advance the collective interest of its members and accordingly issued charter certificates by the National Organization and reported to the Department of Labor and Employment.
- These unions shall have the power to enact their own policies and rules for the effective governance of their activities, which, however, shall not be contrary or otherwise inconsistent with the provisions of this Constitution. Amendments or revision of their respective Constitution and By-laws and/or policies shall be submitted to the National President for appropriate guidance.
- Chartered local unions shall have the power to regulate and make decisions only as are established by their Constitution and By-laws and policies.
- A chartered local union cannot dissolve itself when there is a member in good standing who object thereto but shall be placed in trusteeship with the PTGWO in order to protect the welfare and interests of its members.
- A chartered local union cannot use its name for purposes of independent registration without the approval of the National Organization.
Section 4. ASSOCIATIONS, ORGANIZATIONS OR FEDERATIONS IN THE NON-FORMAL SECTOR. Other labor associations, organizations or federations whose members have organized or bonded together for purposes of mutual help and benefits, advocacy and mutual development, among others, and existing outside the concept of employer-employee relationship.
ARTICLE V
AUTONOMY AND OBLIGATIONS OF AFFILIATES
Section 1. AUTONOMY OF AFFILIATES – The National Organization shall respect the autonomy of any affiliate except that it may enforce and take such measures as are recognized explicitly and impliedly in this Constitution and By-Laws for purposes of ensuring effective administrative control and supervision of such affiliates.
Section 2. OBLIGATION/DUTIES OF AFFILIATES – Affiliates shall have the following obligations/duties:
- To pay promptly their financial obligations to the National Organization as prescribed in this Constitution and by-laws.
- To disseminate to their members, the policies of the National Organization, implement decisions of its governing and executive bodies and to report to the National Organization on the action taken thereon;
- To regularly furnish the National Secretary, or whenever requested, membership statistical reports including changes in officers, agreements, as well as copies of financial statements, collective bargaining activities which are of general interest to the National Organization;
- To make its books available for examination by the National Organization pursuant to findings resulting from such examination;
- To ensure that its individual members shall faithfully comply with their obligation of paying their dues and assessments as fixed by the National Executive Board and that they shall abide by the Constitution and By-laws, policies, or rules and regulations of the National Organization.
ARTICLE VI
LOSS OF AFFILIATION
Section 1. WITHDRAWAL OF AFFILIATION. No chartered local unions or affiliated unions or individual members shall be allowed to withdraw or disaffiliate or severe membership with the National Organization during the period of effectivity of any collective bargaining agreement or any extension or supplement thereof in which the National Organization is a privy or party signatory thereto; and no application for withdrawal, disaffiliation or severance of membership from the National Organization shall be valid unless these conditions are duly complied with:
- Notice of intention to withdraw or disaffiliate is served personally upon the National Secretary with sufficient proofs that the action to disaffiliate, withdraw or severe relationship shall have been made known and deliberated upon and finally approved by unanimous votes or assents of at least three-fourth of the general membership in good standing voting in a meeting called specially for the purpose;
- That the notice to disaffiliate, withdraw or severe relationship with the National Organization is undertaken and submitted within the reglementary period required by law; and
- That the notice to severe relationship with the National Organization is supported by a certification or clearance from the National Treasurer that all obligations of the affiliated or chartered local unions, associations, organizations or federations severing relationship shall have been fully paid/ settled obligations up to and including the last day of effectivity of collective bargaining agreement, or any extension, thereof, where applicable, otherwise, up to the end of the calendar year when the severance of membership has been filed with the National Secretary.
Section 2. ACTION BY THE BOARD. The notice to severe relationship, together with all proofs aforestated shall be forwarded and placed in the agenda of the National Executive Board in the immediate opportunity for its approval or disapproval. Mutual rights and obligations between the National Organization and its affiliates shall be suspended or severed the moment the Executive Board of the National Organization approves or authorizes such severance of relationship.
Section 3. DELINQUENCY – Any chartered local union or affiliated union, organizations, associations or federations which becomes in arrears in the payment of dues and/or assessment for ninety (90) days from the date the payment thereof is due, without any justifiable cause or reason, shall be deemed a member not in good standing and shall accordingly be notified of such arrears and/or suspended and/or placed under trusteeship pending investigation which shall be conducted upon authorization by the National Executive Board. However, the National Executive Board under its discretionary powers may grant a grace period for the concerned delinquent affiliate union to effect adjustment or payment but the same should not exceed sixty (60) days from notice.
Section 4. EXPULSION. The National Executive Board may after due process, expel, revoke or cancel the charter or affiliation of any of the following grounds:
- Violation of any provision of this Constitution and By-Laws, or any decision or policy adopted by the Convention as well as any decision of the National Executive Board.
- Conducting the affairs in an undemocratic manner, or engaging in any unethical, dishonest, or corrupt practices.
- Acting in any manner detrimental and or inimical to the interest, aims and purposes of the concern affiliate or of the national federation.
Section 5. DISCIPLINARY ACTION. For lesser offenses and after due process, the National Executive Board may, at its sole discretion, impose the disciplinary action of suspension upon any affiliate or chartered union.
Section 6. TRUSTEESHIP. In the interest of the General Membership, the National President with the concurrence of the National Executive Board, at its sole discretion may place any chartered or affiliated union, organizations, associations or federations under trusteeship, for delinquency in dues payment and/ or for any instance/s or reason/s the National President deems appropriate. Unions or organizations under trusteeship shall be maintained and managed by authorized representative/s of the National Organization until the reason/s by which it has been placed under trusteeship shall have been resolved with finality.
Section 7. RECONSIDERATION OF REVOCATION OF AFFILIATION. Cancellation of a union’s charter certificate or revocation of affiliation of a union, organization, association or federation may be considered or reversed or a lesser sanction imposed upon a unanimous vote of all the members of the National Executive Board that an appeal for reconsideration raises grave abuse of discretion or serious errors in the Board’s finding of facts, and that such appeal is filed with the National Secretary within fifteen (15) days from receipt by the affiliate or the local chartered union of the notice of revocation of its affiliation/charter certificate. The decision of the Board in any case shall be final and inappealable.
ARTICLE VII
NATIONAL CONVENTION
Section 1. SUPREME GOVERNING BODY – The National Convention shall be the supreme governing body of the National Organization, except as otherwise provided in this Constitution, its decision shall be obtained by simple majority.
Section 2. DATE AND PLACE OF CONVENTION. The National Convention shall be held every five (5) years on the date to be designated by the National Executive Board and the notice therefore shall be served to all the affiliates/local unions at least sixty (60) days before its holding.
Section 3. DELEGATES TO THE CONVENTION. The National Convention shall be participated in by:
- All the incumbent elected national officers;
- All local union presidents;
- One (1) delegate each for union with one hundred (100) or less members, and another one (1) delegate each for every succeeding one hundred members, wherein a fraction of eighty (80) members, shall be consider 100 members for purposes of allotment of delegates;
- All presidents of affiliated non-formal associations, organizations, or federations;
- One (1) delegate each per affiliated non-formal associations, organizations or federations, based on declared, paid and updated membership dues, with one hundred (100) or less members, and another one (1) delegate each for every succeeding one hundred members, wherein a fraction of eighty (80) members, shall be consider 100 members for purposes of allotment of delegates;
Provided that only members in good standing shall be considered in the apportionment of delegates.
Section 4. QUORUM. A simple majority of the delegates to the Convention shall constitute a quorum.
Section 5. VOTING. Each delegate in the convention shall be entitled to one vote. The delegates in the convention, with the exception of union presidents, shall register and present proper authorization issued by the Credentials Committee before they can cast their vote.
Section 6. AGENDA. The Convention shall consider and act upon the following agenda;
- Report of Activities of the National Organization during the years after the last Convention;
- Financial Report and budgetary proposals;
- Proposals for the activities of the National Organization for the succeeding years following the convention;
- Proposals for amendment to the Constitution and By-laws of the National Organization, if any;
- Resolutions submitted by the affiliates and chartered local unions;
- Other matters as the National Executive Board may decide to include;
- Elections of new set of officers for the National Organization.
Section 6. CONVENTION COMMITTEES. The National Executive Board shall prior to the opening of the Convention, create committees, which it deems necessary for the conduct of the Convention. The committees shall meet before the opening of the Convention to consider all resolutions, appeal, reports and proposals for amendments to the Constitution and By-Laws of the National Organization.
Section 7. CREDENTIAL COMMITTEE – The National Executive Board shall create a Credential Committee tasked to screen and approve the official delegates to the Convention with the right to vote at the Convention. Appeals from the decision of this Committee may be made to the Convention and the Convention shall not be constituted for business until it has disposed of the report and recommendations of this Committee.
Section 8. CREDENTIALS OF DELEGATES. The National Secretary shall furnish each affiliate with credential cards for the number of delegates to which said affiliate entitled. The credentials shall be duly authenticated by the President or the highest executive officer of the affiliate and the same shall be returned to the National Secretary not later than ten (10) days prior to the opening of the Convention.
Section 9. COMELEC. The National Executive Board shall create a Committee on Election at least Forty-Five (45) days prior to the intended date of convention that shall be authorized and empowered to conduct the election of the members of the National Executive Board, the National Executive Officers and the National Council.
Section 10. SUBMISSION OF RESOLUTIONS. All resolutions, appeals, reports and memorials to be considered by the Convention must be submitted to the National Secretary fifteen (15) days before the opening of the Convention. Provided, however, that those which are submitted to the National Secretary beyond the aforementioned period shall be referred to the National Executive Board for their final disposition.
Section 11. DISQUALIFICATION. Any affiliate under suspension or one, which has been expelled or has served notice of withdrawal of affiliation, or in arrears to the National Organization for per capita dues or assessments shall not be entitled to representation in the Convention.
Section 12. SPECIAL CONVENTIONS. The National Executive Board may call a special convention upon petition of affiliated unions whose combined membership represents majority of the entire membership of the National Organization as evidenced by the reports of the National Secretary in the last convention. The agenda of the special convention shall be fixed by the Executive Board and shall be circularized to all affiliates before the opening of the special convention. Representation and qualification of delegates and procedures to govern the special convention shall be the same as those that apply to the regular conventions.
Section 13. RULES AND ORDER OF BUSINESS. The rules and order of business governing the proceedings of the convention shall apply until new rules shall have been adopted by the Convention.
Section 14. EFFECTIVITY OF RESOLUTIONS. Unless otherwise specified, any action and resolutions adopted, approved and/ or resolved by the Convention shall take effect immediately upon adoption, approval or resolution.
Section 15. EXPENSES OF DELEGATES. Expenses of delegates to the Convention shall be shouldered by the affiliates to which they belong.
ARTICLE VIII
NATIONAL EXECUTIVE BOARD
Section 1. INTERIM AUTHORITY. In the interim period between Conventions supreme authority, subject to the general policies laid down by the Convention, is vested and shall be exercised by the National Executive Board.
Section 2. COMPOSITION. The National Executive Board shall be composed of the National President, National Vice-President, National Secretary, National Treasurer and Nineteen (19) elected Members-at-Large and the Chairperson of the Women and Youth Committee, provided that thirty percent (30%) percent of the members of the National Executive Board are women.
Section 3. ELECTED MEMBERS OF THE NATIONAL EXECUTIVE BOARD. The Convention shall elect the following members of the National Executive Board:
- National President;
- National Vice President;
- National Treasurer; and
- Nineteen (19) Members-at-Large
Section 4. NOMINEES FOR THE ELECTED MEMBERS OF THE NATIONAL EXECUTIVE BOARD. The nominees for the election of members of the National Executive Board should be any of the following:
- incumbent officer of the National Executive Board;
- incumbent officer of affiliate chapter and local unions, organizations or associations both in the formal and informal sectors;
- incumbent officer of affiliate chapter and local unions, organizations or associations both in the formal and informal sectors;
- Regular office staff of the National Federation with at least ten (10) years continuous service;
Provided that no person convicted with finality of any crime involving moral turpitude shall qualify for nomination and/ or election as member of the National Executive Board.
Section 5. MEETING AND QUORUM. The National Executive Board shall meet immediately after the adjournment of the national convention and at least once every quarter thereafter, or upon call of the National President, at his initiative, or upon petition of at least one-fourth (1/4) of its members. A majority of the members of the National Executive Board shall constitute a quorum to transact business.
Section 6. REMOVAL OF OFFICERS. The National Executive Board shall have the power to remove from office any officer of the organization or any member of the National Executive Board found guilty of malfeasance or maladministration, after investigation and due process, without prejudice to further civil or criminal liability.
Section 7. DISQUALIFICATION OF THE NATIONAL EXECUTIVE BOARD MEMBERS. Any member of the National Executive Board shall automatically be considered disqualified to serve as a member of the National Executive Board at the time the organization to which he belongs loses its affiliation under Article VI hereof; if, on the other hand, he loses his position at the local election of his union, he shall be replaced by the newly elected president of the local union who shall succeed him in the Board, unless by majority vote of the members of his union, he shall be authorized by formal resolution to continue service as such member of the Board.
Section 8. SUSPENSION OF DUES. The National Executive Board, on just and substantial grounds, may suspend the collection of dues or reduce the rate of dues for any affiliate for a fixed period.
Section 9. REPORT OF ACTIVITIES. The National Executive Board shall prepare and present to the Convention a report of the National Organization’s activities during its incumbency.
ARTICLE IX
THE NATIONAL COUNCIL
Section 1. Composition. The National Council shall be composed of the members of the National Executive Board and the Industry Vice Presidents: The National Executive Board shall have the authority to define amend, revise, change or add the industry groupings.
Section 2. Nature. The National Council shall be a consultative body that may discuss and make recommendations on policy matters or issues referred to it by the National Executive Board.
Section 3. The Industry Vice Presidents. The different Industry Vice Presidents shall be appointed by the National President with the concurrence of the National Executive Board. Appointed Industry Vice Presidents shall be co-terminus with the appointing authority but may at any time, be replaced at the discretion of the National President.
ARTICLE X
NATIONAL EXECUTIVE OFFICERS
Section 1. COMPOSITION. The National Executive Officers shall be composed of the National President, National Vice-President, National Secretary and the National Treasurer and such other executive officers as may be appointed by the National President with the concurrence of the National Executive Board.
Section 2. APPOINTIVE OFFICERS. The National President, with the concurrence of the National Executive Board, may appoint the following when at his discretion they are needed in the effective and efficient operations of the National Organization:
- VP Visayas, VP Mindanao, VP NCR, VP North Luzon, VP South Luzon;
- National Secretary;
- Assistants and Deputies to Key Officers;
- One Director each for the Department of Organization and Defenses; Education, Research and Statistics; Information and Publication; Political and Legislative Action; Collective Bargaining Department; Finance Department; Legal Department; and Women’s Department and Community Services;
- Internal Auditor and External Auditor. External Auditor must be Certified Public Accountant;
- A Chief Legal Counsel;
- A District Director for each District;
- A Regional Director or Representative in every Region over which the National Organization operates.
- Other positions deemed appropriate.
Section 3. Women and Youth Committee. The President shall constitute the Women and Youth Committee and appoint its Chairperson, subject to concurrence by majority of the National Executive Board. The Committee shall be responsible for developing programs and services for the women and youth sectors.
Section 4. TERMS OF OFFICE. The elective officers shall have a term of five (5) years in office in which they were elected and shall serve until their successors shall have been elected and qualified.
Section 5. COMPENSATION AND ALLOWANCES. The officers of the Organization rendering full time service shall be paid monthly compensation. Those who are not rendering full time service shall be given appropriate allowances subject to availability of funds to be fixed by the National Executive Board.
Section 6. ADMINISTRATIVE REPORT. The appointed officers shall render to the National Executive Board and to the National Convention reports of the administration of the respective officers within their tenure of office.
ARTICLE XI
NATIONAL PRESIDENT
Section 1. NATIONAL PRESIDENT. The National President, shall be the Chief Executive of the National Organization. He shall supervise all its affairs, represent the Organization in all negotiations; sign checks and official documents; preside over all conventions and the meetings of the National Executive Board and the National Council. The National President shall have the authority to appoint additional members of the National Executive Board and other officers and/or functions, to appoint and/or create positions and offices necessary to ensure efficiency and effectiveness in the governance and management of the organization. He may adopt systematic approaches in programming activities, its spheres of operations including the restructuring of the different field of activities into various economic divisions, departments or industries to ensure a unified system of administrative management, supervision and control.
Section 2. ENFORCEMENT OF CONSTITUTION. The National President shall enforce this Constitution and By-Laws and his decision shall have full force and effect until otherwise modified or reversed by the National Executive Board.
Section 3. ADDITIONAL AUTHORITY TO APPOINTMENTS. The National President shall have the authority to appoint national representatives, organizers, technical staff and other personnel and to direct, remove or suspend any appointees for cause provided their appointments and compensation shall be subject to the approval of the National Executive Board.
Provided that the authority of the President to appoint carries with it the authority to recall such appointment due to loss of trust and confidence and for any cause recognized by law.
In case of vacancies, the National President, shall have the authority to appoint Industry Vice Presidents, subject to the confirmation of the National Executive Board. This authority of the National President shall apply with equal force to those appointed officers mentioned in Art. XX, Section 2, subject to Article VIII, Section 4 hereof.
Section 4. ADMINISTRATIVE REPORT. The National President shall render to the Convention, through the National Executive Board, a report on the administration of his office.
Section 5. REPRESENTATION. The National President shall represent the National Organization, subject to his authority to delegate in all conventions and conferences, local or international, in which the National Organization is invited.
ARTICLE XII
NATIONAL VICE-PRESIDENT
Section 1. The National Vice-President shall oversee the performance of the Administrative Department and assist the National President in the discharge of his internal and external functions and responsibilities.
Section 2. In case of incapacity or death of the National President, the National Vice President shall assume such position and shall continue to hold the same for the duration of the incapacity, or for the unexpired portion of the term of the former, as the case may be.
ARTICLE XIII
NATIONAL SECRETARY
Section 1. The National Secretary shall manage the day-to-day affairs of the National Organization. The National Secretary shall assist the National President and the Vice President in all other administrative work. Upon proper authorization from the National President, he shall issue calls for Conventions and record proceedings thereon as well as all meetings of the National Executive Board and the National Council.
Section 2. He shall receive and/or notify member organization for submissions of reports, statistical data on membership, and whenever necessary call for the submission of such other reports as the National President or the National Executive Board may require.
Section 3. The National Secretary shall have the custody of all records of the organization as well as its seal. He shall make such records available or inspection at the Organization’s head office, by any officer or member in good standing of any affiliate, provided such inspection is conducted during normal business hours and reasonable notice is given to him prior to the inspection.
ARTICLE XIV
NATIONAL TREASURER
Section 1. The National Treasurer shall be the Chief Financial Officer of the National Organization.
Section 2. The National Treasurer shall the one responsible in receiving all monies under the name of the National Organization; preserve the properties, securities, investments and books of the organization, which shall make available for inspection by the National President or any member of the National Executive Board.
Section 3. He shall deposit all money received by him in the name of the Organization in a banking institution of stable reputation designation by the National Executive Board.
Section 4. He shall sign jointly with the National President, or in the absence or incapacity of the National President, with the acting National President, all cash disbursements, credit notices, checks and all other documents evidencing monetary obligation of the National Organization. He shall be bonding company in an amount to be determined by the National Executive Board and the premium therefore shall be paid by the National Organization.
Section 5. He shall accomplish quarterly and annual reports on the finances of the National Organization.
ARTICLE XV
FINANCES
Section 1. Affiliates shall pay the National Organization the following monthly per capita dues:
- Affiliated local union members at Php75.00 or alternatively, equivalent to one (1%) percent of the member’s basic pay, whichever is greater;
- Direct chartered union members at Php 75.00, plus one (1%) of each CBA anniversary increase;
- The above monthly per capita dues shall remain and continue to be an obligation of every member for the duration of the existing CBA, or any extension thereof to which the National Organization is a signatory thereto.
- Non-formal sector organizations, associations or federations shall pay the same amount of dues based on their declared number of members.
Section 2. The National President, with the approval of the National Executive Board, may grant suspension, exemption or reduction of the foregoing fees for meritorious reasons.
Section 3. The National Executive Board may levy upon each member organization special assessment and contributions, and solicit donations from other sources in order to support the activities of the National Organization, provided special assessments and contributions shall not levied oftener than once every six (6) months.
ARTICLE XVI
ASSISTANCE IN LABOR DISPUTES
Section 1. CONDITIONS OF ASSISTANCE. Affiliated organizations in the event of strikes of extensive proportions shall be granted financial and other kinds of support from the National Organization provided said affiliated organization consulted the organization prior to the actual holding of the strike and complied with the conditions set forth in Article XVII hereof. Such financial assistance shall be extended to affiliates involved in a labor dispute only after the exhaustion of its own defense fund.
Section 2. SYMPATHETIC ACTION. When an affiliate needs support through sympathetic action by other member organizations, the National Organization shall exhort all its affiliated organizations to extend sympathetic action and support to such affiliate.
Section 3. SUPPORT OF STRIKES AND BOYCOTTS. Affiliated organizations shall respect, sustain and support any strike and boycott activities that may be called by the National Organization for the cause of the labor movement and in promoting the organization’s interest and welfare and that of its members.
ARTICLE XVII
STRIKES
Section 1. AUTHORITY. Any affiliated organization shall have exclusive authority to call a strike by its members subject to the following limitations:
- The National President has been kept informed in writing of the cause and conditions leading to the strike.
- The affiliated organization has duly secured the approval of the conduct of the strike by its members in accordance with its constitution and by-laws and/or with existing laws.
- It is grounded upon causes recognized by existing laws.
Section 2. LIMITATION. No affiliated organization shall be granted any strike aid or other strike benefits in cases where the limitations under the preceding section have not been complied with.
ARTICLE XVIII
RESEARCH AND EDUCATION FUND
Section 1. There shall be created a Special Research and Educational Fund for the purpose of conducting a continuing year-round education program and seminars for the benefit of members of the Organization. No portion of this Fund shall be allocated for other purposes. All collections and expenditures of this Fund shall be covered by official receipts and shall be subject to the usual audit examination.
Section 2. As the affiliates’ contribution to the Research and Education Fund, there shall be an assessment from the affiliates per capita per month, the amount of One Peso (P1.00) which amount may be increased and decreased for meritorious cause or causes by the National Executive Board.
ARTICLE XIX
STANDARD CONTRACT
Section 1. All collective bargaining contracts entered into by any affiliate, with or without the assistance of the National Organization, shall conform strictly to the policies and standards set therefore by the Organization.
Section 2. Any form of Memorandum of Agreement or Memorandum of Understanding by any of the affiliated other labor organizations, associations or federations with any other entity, government or private, may be reviewed by the National Organization, before such Agreement or Contract is signed by the representative of the labor organizations, association or federations, particularly when the National Organization is signatory thereto.
ARTICLE XX
AMENDMENTS AND EFFECTIVITY
Section 1. This Constitution and By-Laws may be amended upon two-thirds affirmative vote of the registered voting delegates to the conventions and shall take effect immediately upon adoption.
Approved as amended. 26 November 2016, OSHC Diliman, Quezon City, Philippines.