SECTION 245

CANCELLATION OF REGISTRATION
THE LEGAL PERSONALITY OF A LABOR ORGANIZATION
CAN BE ATTACKED ONLY THROUGH A DIRECT ACTION
“PETITION FOR CANCELLATION”

IT CANNOT BE ATTACKED COLLATERALLY ; INDIRECTLY IN ANOTHER ACTION

A PETITION FOR CERTIFICATION ELECTION
BY PIERCING THE VEIL OF THE LABOR ORGANIZATION’S CORPORATE ENTITY
BECAUSE ITS COLLATERAL ATTACK
COLLATERAL ATTACK IS NOT ALLOWED
BECAUSE CANCELLATION OF REGISTRATION IS EQUIVALENT
TO SNUFFING OUT THE LIFE OF THE LABOR ORGANIZATION
EHIC REQUIRES NOTICE; HEARING ; PROOF BY SUBSTANTIAL EVIDENCE.
WHO MAY FILE A PETITION FOR CANCELLATION OF REGISTRATION

● ANY PARTY-IN-INTEREST
● CAN FILE A PETITION FOR CANCELLATION OF REGISTRATION OF A LABOR ORG.

IF THE GROUND FOR CANCELLATION

IS BASED ON VIOLATION OF THE RIGHTS AND CONDITIONS OF UNION MEMBERSHIP

THE PETITION FOR CANCELLATION

CAN BE FILED BY THE AFFECTED MEMBER
 OR
BY THE 30% OF ALL THE MEMBERS OF A UNION
WHERE TO FILE FOR CANCELLATION OF REGISTRATION

IF WHAT IS SOUGHT TO BE CANCELLED

IS THE REGISTRATION OF INDEPENDENT
UNIONS OR LOCAL CHAPTERS
➡️
THE PETITION SHOULD BE FILED WITH THE
DOLE REGIONAL OFFICE
THAT ISSUED THE CERTIFICATE OF
REGISTRATION

IF WHAT IS SOUGHT TO BE CANCELLED

IS THE REGISTRATION OF FEDERATIONS;
NATIONAL UNION; INDUSTRY UNIONS;
➡️ THE PETITION SHOULD BE FILED WITH THE
BUREAU OF LABOR RELATIONS

TRADE UNION CENTERS;

PREPARED BY: YNNAH YANZA

UPHSL - COLLEGE OF LAW - SECOND YEAR
DATE: APRIL 13, 2024