cancellation Identify the grounds for filing such petition Discuss the actions for petition of cancellation Discuss the effects of such petitions DOLE Regional Office – for petitions against local chapters, affiliate or workers’ organization operating in one region. Bureau of Labor Relations – for petitions against federations, national or industry unions, trade union centers or workers’ associations operating in more than one region Any party-in-interest may commence a petition except in actions involving violations in Article 241, which can only be commenced by members of the labor organization concerned a) Misrepresentation, false statement or fraud in connection with the adaption or ratification of the constitution and by-laws or amendements, minutes of ratification and list of members. b) Misrepresentation, false statement or fraud in connection with the election of officers, minutes of the election of officers, the list of voters; c) Voluntary dissolution by the members Regional Office/Bureau Director shall have 30 days from submission of case for resolution to resolve the petition.
Cancellation ordered by Regional Office is
appealable to the Bureau of Labor relations, and then to the Court of Appeals, while cancellation ordered by the Bureau is appealable to the DOLE Secretary Registration may be cancelled by the organization itself only if two-thirds of its general membership votes, in a meeting duly called for that purpose to dissolve the organization
An application for cancellation must also be
submitted by the board of the organization. A petition for cancellation cannot suspend proceedings for certification nor prevent its filing.