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C. Union Chartering/Affiliation: Local and Parent Union Relations (April 5…
C. Union Chartering/Affiliation: Local and Parent Union Relations (April 5 to 9)
I. Chartering and Creation of Chartered Local LC 241)
II. Additional Requirements for Federations or National Unions (LC 244)
III. Cancellation of Registration (LC 245)
- Certificate of registration may be cancelled by the Bureau after DUE HEARING on the specified grounds under 247.
IV. Specific Grounds (247)
MISREPRESENTATION;CONSTITUTION
- False statement or fraud in connection with the adoption or ratification of the constitution and by-laws or amendments thereto, the minutes of the ratification, and the list of members who took part in the ratification
MISREPRESENTATION;ELECTIONS
- False statement or fraud in connection with the election of officers, minutes of the election of officers and the list of voters.
VOLUNTARY DISSOLUTION (248)
- (a) At least 2/3 of general membership votes, in meeting duly called for that purpose to dissolve the organization AND (b) application to cancel registration is thereafter submitted by the board of the organization, attested to by the president thereof
Collateral Attack (Rule V, Book V, IRR)
- Once registered, the labor organization/worker's association cannot be subject to collateral attack. ONLY via an independent petition for cancellation. This means that the local chapter exists independently of the mother federation.
Agency (Coastal Subic Bay Terminal v. DOLE)
- Affiliation between the local union and the mother federation creates an agency contract, whereby the local chapter is an agent.
Affiliation(Coastal)
- The purpose of affiliation of the local unions into a common enterprise is to increase the collective bargaining power in respect of the terms and conditions of labor.
Disaffiliation
(MSMG-UWP v. Hon. Ramos) - local union has right to disaffiliate from mother union. It is a separate and voluntary association, which allows for this. Subject to restraints provided for by law or its CBL. Once disaffiliated, it retains its legal personality.
Pending-Election Protest
- Does not serve as a bar for a valid disaffiliation. (Skylanders)
ACQUISITION OF LEGAL PERSONALITY
:
CHARTER CERTIFICATE
- Issued by a duly registered federation or national union.
CERTIFICATION ELECTION
- The chapter acquires legal personality only for the purposes of filing a certification election, FROM THE DATE it was issued a charter certificate.
ACQUISITION OF ALL OTHER RIGHTS/PRIVILEGES FOR CHARTERED LOCAL
- Achieved upon submission of the following documents IN ADDITION to its charter certificate.
CHAPTER OFFICERS
- Names, addresses.
CHAPTER OFFICE
- The address of the principal office.
CBL
- Chapter's constitution and by-laws. IF the CBL is the same as that of the national union/federation, the same shall be indicated.
HOW SUBMITTED
- Must be certified under oath by the secretary or treasurer of the chapter AND attested by its president (of the federation).
ADDITIONAL REQUIREMENTS (244)
- Required when the applicant is a federation or a national union. Must submit in addition to other requirements:
PROOF OF AFFILIATION
- Of atleast (10) locals or chapters each of which must be a DULY RECOGNIZED collective bargaining agent in the establishment or industry in which it operates, supporting the registration of the applicant.
NAMES/ADDRESSES
- of the companies where the locals or chapters operate
MEMBERS
- List of all the members in each company involved.
CERTIFICATION ELECTION
- The process of determining, through secret ballot, the sole and exclusive bargaining agent of the employees in the appropriate bargaining unit, for purposes of collective bargaining.
JURISDICTION (Coastal Subic Bay Terminal v. DOLE)
- Regional offices of DOLE and Bureau of Labor relations have jurisdiction over applications for registration by labor organization. When application filed with the RO, must be immediately forwarded tot he BLR within (48) hours.
“Bureau” as defined under the Labor Code means the BLR and or the Labor Relations Division in the Regional Offices of the Department of Labor.
WHERE FILED (BOOK V, RULE II, SEC. 2 IRR)
- Any national labor organization or labor federation or local union may file an application for registration with the Bureau or the Regional Office where the applicant’s principal offices is located. The Bureau or the Regional Office shall immediately process and approve or deny the application. In case of approval, the Bureau or the Regional Office shall issue the registration certificate within thirty (30) calendar days from receipt of the application, together with all the requirements for registration as hereinafter provided.
Inter-Union Conflict (Skylanders v. NLRC)
- Also filed with the BLR and not with the Labor Arbiter.
TYPES OF UNIONS
INDEPENDENT UNION
- Enterprise level, not connected to any bigger group. Acquires legal personality through independent registration under Art. 240 of the LC.
HOW REGISTERED
-
Application
- before the Regional Office, with the application requirements listed under Art. 240
Regional Office
- Acts upon it.
2A.
Complete
- Within (10) days, certificate of registration is issued.
2B.
Incomplete
- Regional Office notifies the applicant of the deficiency. If no compliance, then RO denies the application.
IF applicant complies - then 2A.
2bi.
APPEAL
- The applicant may appeal the denial to the Bureau of Labor Relations. Then, to the OSEC, then appeals via
certiorari
to the courts.
DENIAL
- The RO may deny the application on grounds other than incompleteness, such as violation of the rules e.g. no E-E relationship or managerial employees filing.
WORKER'S ASSOCIATIONS
- An association of workers formed for mutual aid and protection/any other purpose OTHER than collective bargaining. Usually, no clear employer. Here, may be filed directly with the BLR.
HOW REGISTERED
-
Application
- before the Regional Office/BLR, with the application requirements listed under Art. 240
Regional Office
- Acts upon it.
2A.
Complete
- Within (10) days, certificate of registration is issued.
2B.
Incomplete
- Regional Office/BLR notifies the applicant of the deficiency. If no compliance, then RO denies the application.
IF applicant complies - then 2A.
2bi.
APPEAL
- The applicant may appeal the denial to the Bureau of Labor Relations. Then, to the OSEC, then appeals via
certiorari
to the courts.
DENIAL
- The RO may deny the application on grounds other than incompleteness, such as violation of the rules e.g. no E-E relationship or managerial employees filing.
NATIONAL UNION - FEDERATION
- A group composed of (10) or more legitimate/certified unions
HOW REGISTERED
-
Application
- before the BLR directly, with the application requirements.
Regional Office
- Acts upon it.
2A.
Complete
- Within (10) days, certificate of registration is issued.
2B.
Incomplete
- BLR notifies the applicant of the deficiency. If no compliance, then BLR denies the application.
IF applicant complies - then 2A.
2bi.
APPEAL
- The applicant may to the OSEC, then appeals via
certiorari
to the courts.
DENIAL
- The RO may deny the application on grounds other than incompleteness, such as violation of the rules e.g. no E-E relationship or managerial employees filing.
SUPERVISORY UNIONS
- The only prohibition is supervisory and rank and file form joining THE SAME UNION. However, they may JOIN/FORM THE SAME FEDERATION.
CHARTERED LOCAL
- Federations may create directly, the chartered local. A union created by the federation.
HOW CREATED
- By the issuance of a charter certificate. This is submitted, alongside the other requirements to the Regional Office.
Limited Legal Personality
- Acquired upon issuance of the charter certificate by the National Federation. Here, only has personality to file a petition for certification election.
Legal Personality
- Begins from the issuance of the CERTIFICATE OF CREATION by the Regional Office.
DISAFFILIATION
- Means that the chartered local must re-register. Unlike affiliate unions.
AFFILIATE
- An independent union affiliated with a federation/national union/chartered local. Here, own independent registration, subsequent to such becomes a member of the federation.
LEGAL PERSONALITY (Sec. 8)
- Begins on the date of the issuance of its certificate of registration.