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Registration requirement an exercise of POLICE POWER

- Because the activities in which labor orgs, assocs, and union of workers are engaged affect public interest
which should be protected
- REGISTRATION – is a condition sine qua non for the acquisition of legal personality by labor orgs/assocs.

LEGAL PERSONALITY - NOT SUBJECT to collateral attack

- Not subject to a collateral attack in a petition for certification (ART 242)

REGISTRATION WITH SEC

- Has the effect of giving the labor org a JURIDICAL PERSONALITY before the regular courts of justice
- BUT NOT to enjoy the rights and privileges granted by law to a legitimate labor org.
- REGISTRATION with BLR/DOLERO that makes a union a LEGITIMATE LABOR ORG

RIGHTS OF LABOR UNION

- Upon registration, the LU acquires legal personality as well as the rights & priv granted to it by law:
o RIGHT OF REPRESENTATION
 Where the action is allowed to be prosecuted or defended by a rep or someone acting in a
fiduciary capacity, the beneficiary shall be included in the title of the case and shall be
deemed to be the RPI.
 REP maybe a party auth by law

LABOR UNION – one such party auth under Art. 242 that can act as representative of its members for the
purpose of CBA which includes the auth to rep them for purposes of enforcing the provisions of the CBA

The members are not allowed to intervene unless their rep shows signs of fraud or collusion detrimental to their
interest which should be proven by clear and convincing evidence [Acedera v ICTSI 2003]

The law allows the LU to file a REPRESENTATIVE SUIT [Lianas Supermarket v NLRC 1996]

 RIGHT TO BE CERTIFIED AS THE EXCLUSIVE BARGAINING AGENCY WITHIN THE PREMISES

o The right to represent the entire EEs in the bargaining unit

 DOCTRINE OF UNION MONOPOLY or THE EXCLUSIVE RIGHT RULE

o being the exclusive bargaining agent gives the LU the right to collectively bargain with the
mgt to the exclusion of other minority or competing unions

 RIGHT TO ACQUIRE AND DISPOSE OF PROPERTY, REAL OR PERSONAL, PURSUANT TO

THE PURPOSE EMBODIED IN ITS CONSTI & BYLAWS.
o Usu belongs to the President with the approval of the BOD.
o If the consti is silent, a majority approval is necessary for the acquisition/disposition of
property.

 RIGHT TO SUE & BE SUED IN ITS OWN REGISTERED NAME

o LU may be a a PL or Complainant but not defendant
o Real Def are the erring officers/members of the union
o LU may file a case with NLRC (Gallego v Kapisanan ng mga Manggagawa (83 Phil 124)

 RIGHT TO ENGAGE IN ACTIVITIES WHICH WOULD REDOUND TO THE WELFARE AND

BENEFIT OF THE UNION
o May engage in activities such as cooperativism, housing projects and others provided not
contrary to law.
 RIGHT TO BE EXEMPTED FROM TAXES
o Incomes & property of legitimate orgs are exempted from taxes, dutie, other assessments,
including gifts or donations except earnings derived from purely business activities
 RIGHT TO BE FURNISHED A COPY OR ER’s AUDITED FS
o Upon written request, the union has the right to be furnished by the ER of an annual audited
FS.
o Consistent to the consti right to have a just share in the fruits of prod’n
o Refusal to furnish is = ULP (standard Chartered Bank v Hon. Confessor)
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o Audited Financial Statement is competent evidence in retrenchment (Catatista v NLRC)

ORGS REQUIRED TO REG:

1. Federation
2. National Union
3. Industry union
4. Trade Union Center
5. Independent union

20% of EEs in the bargaining unitshould support its application for reg ---applies only to an INDEPENDENT UNION

INDEPENDENT UNION – a labor org operating at the enterprise level whose legal personality is derived through indep
registration.

TRADE UNION – any group of registered national union or federations organized (1) for mutual aid and protection of its
members, (2) for assisting such member in CB, or (3) for participating in the formulation of social and ENT policy
standards and programs and (4) duly reg with BLR

HOW TO ACQUIRE LEGAL PERSONALITY

- Issuance of cert of reg to a F, NU, IU, or InU will vest legal personality
- However a local chapter, directly created by a federation/NU acquires legal personality under the following
circumstances:
o INCOMPLETE LEGPERSO: upon the issuance of a charter cert by a fed/NU for the sole purpose of
filing a pet for certification election.
o FULL LEGPERSO: upon submission of its charter cert and the docs required under A240 to DOLE

WHERE TO FILE APPLICATIONS FOR REG OF InU:

- Regional Office where the applicant principally operates
- Shall be processed by LRD at the RO
- Those operating in more than 1 region shall be filed with the Bureau or RO but shall be processed by the
bureau.

REQs FOR REG OF LABOR ORG.

- See p8 reviewer

REQs FOR REG OF WORKERS ASSOC.

WORKER’S ASSOCIATION: an org of workers created created for the mutual aidand protection of its members
for any legitimate purpose other than CB

REQUIREMENTS: see p123 poquiz

REQS FOR CHANGE OF NAME

- SEE P8R
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ART 240-A: Chartering and Creation of a Local Chapter

1. A duly registered F/NU may directly create a local chapter by issuing a charter cert indicating the est. of the local
chapter.
2. The chapter shall acquire legal personality for the sole purpose of filing a petition for certification election from the
date it was issued a charter cert.
3. Entitled to all other rights and privileges of a legitimate labor org only upon the submission of the following
documents:
a. Chapter certificate
b. Names of the chapter’s officers, addresses and principal office of the chapter
c. Chapter’s consti & by-laws. PROVIDED that if the chapters Consti/by-laws are same as that of the F/NU,
it shall be indicated
i. The additional supporting requirements shall be certified under oath by the secretary or treasurer
of the chapter and attested by the president

NOTES:

1. 20% membership requirement not applied to chartering of a local chapter----BECAUSE it is not subject to the
most stringent rules for creation and registration

2. Issuance of charter certificate does not vest full and complete legal personality but only for the sole purpose of
cert-elect. Which can be made from the date it was issued a charter certificate.

3. The submission of the charter cert and the required documents under Art 240A ---for the loc chap to acquire full
and legal personality.

4. It need not be independently registered to acquire legal personality.

5. The mother federation has the status of an agent while the local chapter remains the basic unit of association free
to serve the interest of all members subject only to the restraints provided in their C/BL.

a. The local chapter does not owe its existence to the federation but to the will of its members

6. Right to disaffiliate of an independent union can be invoked consistent to the freedom of association guaranteed
in the consti
a. Once a local chapter disaffiliates from the mother federation it ceases to be entitled to the rights and
privileges granted to it.
b. Hence, it cannot by itself file a cerification election
c. HOWEVER, the disaffiliation of a Independently registered union doed not affect its legitimate status
d. Right to check-off federation dues ceases upon disaffiliation
i. The company cannot continue the check-off in favor of the federation after the former was duly
notified of the disafilliation and the local members’ rescission of check-off authorization
ii. HOWEVER, collection of dues remains, it is not affected by its disaffiliation for the reason that it
continues to represent the EEs notwithstanding such disaffiliation

7. New CB agent,= is not bound by the personal undertakings of the former bargaining union
8. Disaffiliation not ULP
a. The disaffiliation was valid and the federation ceases to have any legal personality to represent the local
union in the CBA negotiation.

A241: ACTION ON APPLICATION

The Bureau shall act on all applications for registration within 30 days from filing
All requisite documents shall be certified under oath by the secretary or the treasurer of the organization and attested to
by its president.

NOTES: attestation and certification is a safeguard against vulnerable and unsuspecting EE who may be enticed to join
fly-by-night unions whose sole purpose is to control union funds or to use the unions for dubious ends

MANDAMUS is the proper remedy for refusal to register a union

Certiorari will not lie since the approval is not a judicial function
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ART 243:

RIGHT TO SELF-ORGANIZATION | REASONS FOR UNIONISM

Workers form unions for the ff reasons:

1. Equality of Bargaining Power – unions were organized out of the necessities of the situation
a. That an EE was helpless in dealing with the ER

2. Satisfactory Terms & Conditions of ENT

a. Low wages, long hours of work and inhumane working conditions compelled workers to join unions
b. It is through active unionism that EE could effectively bargain for reasonable TCE (termscondsEnt)

3. Security of Tenure
a. Joining a union is an effective safeguard against unwarranted DM, transfers & Demotions

4. Participation in policy & decision making processes

a. The right of the workers to participate in policy and decisionmaking is now enshrined in the Consti Art 13

5. Pressure Group
a. A federated union wields tremendous power and influence serving as a pressure group in lobbying for
significant and well meaning labor and social legislations.

NEGATIVE FREEDOM ASSOCIATION

This fundamental right includes the right not to join
a. Liberty or freedom which is the absence of legal restraint
b. POWER that is an EE may, as he pleases join or refrain from joining as assoc.

STRUCTURAL TYPE OF LU
a. CRAFT – org of EEs engaged in a single occupation or in a group of closely related occupations based upon skill
or specialty in the performance of one task or of a number of closely related crafts
b. LABOR UNION – membership is without regard to craft, industry or profession. Conglomerate of different groups
having in mind the solidarity of all the working class
c. INDUSTRIAL UNION – organized on the basis of skills or specialties in a given industry without regard to craft or
occupation

FUNCTIONAL FORMS OF LU
a. CONSERVATIVE – business like unionism which accepts the economic order of capitalism
a. They are after more terms and conds of work such as shorter working hours, higher wages
b. Craft-conscious rather than class conscious
c. Favors peaceful settlement of industrial disputes

b. WELFARE UNIONISM – conservative but IDEALISTIC unionism

a. Promote the welfare of the workers through education, SS, coop, employee representation, profit-sharing
and other working benefits.
b. Seek to promote the working world through legislations enacted upon their initiative.

c. REVOLUTIONARY – RADICAL TYPE

a. Seeks to overthrow the existing economic order of capitalism. The economic system has to be destroyed
because it is the tool of the capitalist to abuse the worker

i. SOCIALISTIC – seeks to attain its goal through peaceful methods such as education of workers,
propaganda and political action.
ii. QUASI-ANARCHISTIC – aims primarily to replace capitalism with a system of self governing,
worker-owned and operated industries, the govt existence is of a very minor importance.
a. Methods used are agitation, sabotage, violence
iii. PREDATORY UNIONISM – no definite well-defined plans or goals
a. They prey upon the ER and consumers through methods such as dynamiting, graft, extortion,
racketeering operations and the like.
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6. REQS FOR REG OF FEDERATIONS

a. Statement indicating NAME of Applicant union, Principal Address, NAMEs of OFFICERS and their
addresses.
b. Minutes of the organizational meeting and list of EEs who participated
c. Annual fin reports if the applicant union has been in existencefor 1 or more years, unless it has not
collected any amount from the members..in which case a statement shall be included in the application.
d. C/BL
e. Reso of Affiliation of at least 10 legitimate labor org whether independent unions or chartered locals---duly
certified and recognized bargaining agent
f. Names and address of companies where the affiliates operate and the list of all the members in each
company involved

AFFILIATE OF A LABOR FEDERATION

May be a chartered local or an independently registered union

A chartered local does not undergo the rudiments of registration unlike an independently registered union

7. CHARTER CERTIFICATE
a. F/NU concerned shall issue a charter certificate indicating the creation or establishment of a local chapter,
copy of which shall be submitted to BLR within 30days from issuance of such charter cert.

8. CONTRACT AFFILIATION
a. An registered InU shall be considered an affiliate of a labor federation or national union after submission
to the Bureau of the contract of affiliation within 30days after its execution

9. EFFECT OF AFFILIATION
a. LU that affiliates with a federation is subject to the laws of the parent body under whose auth the local
union functions.
b. C/BL & Rules of the mother union constitutes an enforceable contract between the mother union and the
affiliate

A243: CANCELLATION OF REGISTRATION

1. VENUE – if the R is a local chapter, affiliate or WA with ops limited to one region = RO having Jx over the
place where R principally operates
a. Petitions filed against F/NU/IU/Trade uniojn centers or WA operating in more
than 1 region,=== BUREAU

2. WHO MAY FILE – any party-in-int may file a pet for cancellation of reg EXCEPT: actions in vio of
ART247[which can only be commenced by members of respondent labor org or WA]
a. Petition shall be under oath and shall state clearly and concisely the facts and
grounds relied upon, with proof of service

3. GROUNDS FOR CANCELLATION

a. Misrepresentation, false statement or fraud in connection with the adoption or
ratification of the C/BL or amendments thereto, the minutes of ratification, and list
of members who took part in the ratification
b. Misrepresentation, false statement or fraud in connection with the election of
officers, minutes of the election of officers, and the list of voters
c. Voluntary Dissolution by the members

4. DUE PROCESS MUST BE OBSERVED IN CANCELLATION PROCEEDINGS

a. Labor orgs must have the right to be heard before judgment of cancellation

5. VIOLATION OF REPORTORIAL REQ NOT A GROUND FOR CANCELLATION

a. However erring union officers and members can be subject to suspension,
expulsion from membership or any appropriate penalty.
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6. APPEALS – ACTION ON THE PETITION

a. RD/BD shall have 20 days from submission of the case for Reso within which to
resolve the petition
i. RD/BD decision may be appealed to the Bureau of the DOLESEC within
10 days from receipt thereof by the aggrieved party on the ground of
GAD or any violation of the rules