TITLE IV – LABOR ORGANIZATIONS

1. Relationship of local union affiliated with national union or federation =

contract of agency; local union is the principal, the national union or federation
is the agent. The local union does not owe its existence to the national union.

2. Effects of disaffiliation
a. On union’s legal personality = if not independently registered, loses its rights
and privileges as legitimate labor organization.
b. On union dues = The obligation of an employee to pay union dues is co-
terminous with his affiliation or membership.
c. Union security clauses = Union security clause embodied in the CBA is not
affected by the disaffiliation of the local union from the federation or
national union.
d. On CBA = Under the substitutionary doctrine, the new bargaining agent will
only be given the chance to enforce the terms and conditions of the existing
CBA not to change or amend the provisions thereon.

3. Chartering and Creation of Local Chapters = Art. 241

IMPORTANT: The chapter shall acquire legal personality only for purposes of
filing a certification election from the date it was issued a charter certificate.

4. Cancellation of registration
a. RD = for cancellation of registration of independent/local union or
worker’s association
b. BLR = for cancellation of registration of national/industry or trade union
centers

5. Grounds for cancellation of union registration = Art. 247 MMV; The list is
exclusive

**Prohibited grounds for cancellation of registration: the inclusion as union

members of employees who are outside the bargaining unit (pareho sila sa
certification election)

**This prohibited ground can be a valid cause of cancellation if the inclusion is

due to misrepresentation, false statement or fraud under Art. 247 a and b.

6. Voluntary dissolution = Art. 248 at least two-thirds vote of its general

membership
7. Memorize Equity of the incumbent Art. 249 – lumabas na ito sa bar exams.

8. The following prvision in Article 250 is not mandatory as evidenced with

the use of the permissive word “may”.

“Any violation of the above rights and conditions of membership shall be a

ground for cancellation of union registration or expulsion of officers from office,
 whichever is appropriate. At least thirty percent (30%) of the members of a union
or any member or members especially concerned may report such violation to the
Bureau. Xxxx”

9. Attorney’s fees in Article 250

- Attorney’s fees and other similar charges may only be connected from the
union funds NOT FROM THE AMOUNTS THAT PERTAIN TO INDIVIDUAL
UNION MEMBERS.
- Memorize definition of check off; differentiate between union dues and
agency fees.