Affiliation with a Federation/National Union

Independently Registered Union (LLO)

Not Independently Registered Union
The affiliation is by signing a contract of affiliation Affiliation is done by the application of the union
with the labor union and the registration of such with the federation so it may be issued a charter
contract with the BLR.
certificate, to be submitted with the BLR, including
the following:
1. Copies of its constitution and by-laws
2. Statement of the set of officers and books
of accounts, all of which must be certified
by the Secretary/Treasurer and attested
to by the President.
Effects of affiliating:
- It will become a LLO
Effect:
The labor union that affiliates with a federation is subject to the laws of the parent body under whose
authority the local union functions. The Constitution, by-laws and rules of the mother federation, together
with the charter it issues to the local union, constitutes an enforceable contract between them and
between the members of the subordinate union inter se. Thus, pursuant to the Constitution and by- laws,
the federation has the right to investigate and expel members of the local union
[Villar v. Inciong, G.R. No. L-50283-84, (1983)]

Disaffiliation with a Federation/National Union

Independently Registered Union (LLO)
It shall be made by a majority decision of the
entire membership, after due deliberation, by
secret ballot, unless, the nature of the
organization or force majeure renders such secret
ballot impractical, in which case, the board of
directors of the organization may make the
decision.

Not Independently Registered Union

It shall be made by a majority decision of the
entire membership, after due deliberation, by
secret ballot, unless, the nature of the
organization or force majeure renders such secret
ballot impractical, in which case, the board of
directors of the organization may make the
decision.

The disaffiliation of the union would not affect its

being a legitimate labor organization and therefor
would continue to have the rights and privileges of
a legitimate labor organization as well as the legal
personality as such.

Upon disaffiliation, it would cease to be a

legitimate labor organization and would therefore
no longer have the legal personality and the rights
and privileges granted by law to legitimate
organization.

NOTE:
A union can affiliate anytime but disaffiliation can be done only during the freedom period. If not within
the freedom period, can be done only with the consent of the majority of the workers. Provided it is
independently registered otherwise it loses its personality.
Disaffiliation should be in accordance with the rules and procedures stated in the Constitution and bylaws of the federation. A local union may disaffiliate with its mother federation provided that there is no
enforceable provision in the federations constitution preventing disaffiliation of a local union
[Tropical Hut Employees Union v. Tropical Hut, G.R. Nos. L-43495-99, (1990)]
EXCEPTION:
The exception will only apply if it is not prohibited by the constitution and by-laws of the federation of
national union. A prohibition to disaffiliate in the Federations constitution and by-laws is valid because it
is intended for its own protection.

Entitlement to union dues in case of disaffiliation

Independently Registered Union (LLO)
Locals or chapters who retained status as LLO shall
be allowed to register as independent unions. If
they fail to register, they shall lose their legitimate
status upon the expiration of the CBA.

Not Independently Registered Union

Effect of Disaffiliation to the CBA An existing CBA
would continue to be valid as the labor
organization can continue administering the CBA.
The CBA would continue to be valid up to its
expiration date.

Entitlement to union dues in case of disaffiliation

Independently Registered Union (LLO)
Not Independently Registered Union
The labor organization is entitled to the union Then union dues may no longer be collected as
dues and not the federation from which the labor there would no longer any labor union who is
organization disaffiliated.
allowed to collect such union dues from the
employees.