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Pre-Week Guide on Labor Law 2006 Bar Examinations Prof. Joselito Guianan Chan72. What is the significance of issuance of Certificate of Registration to a union?In Tagaytay Highlands International Golf Club, Inc. vs. Tagaytay HighlandsEmployees Union-PGTWO (G. R. No. 142000, January 22, 2003), the Supreme Court ruled thatthe effect of issuance of certificate of registration to a union is that it becomes legitimate and itslegal personality can only be attacked through a petition for cancellation of registration and notthru intervention in a certification election petition.73. What is a workers’ association?A workers' association is any association of workers organized for the mutual aid andprotection of its members or for any legitimate purpose other than collective bargaining.Registration with DOLE makes it legitimate.74. What is the distinction between a labor organization and a workers’ association?A labor organization is established principally for collective bargaining purposes; whilea workers' association is organized for the mutual aid and protection of its members but not forcollective bargaining purposes.75. What are the purposes of a labor organization?(1) Collective bargaining; and(2) Dealing with employers regarding the terms and conditions of the employmentrelationship..76. How is a labor organization registered?The application for registration must be supported by at least 20% of the members of thebargaining unit.77. What is a bargaining unit?A "bargaining unit" is the group or cluster of jobs or positions that supports the labororganization which is applying for registration, within the employer’s establishment.CHARTERING AND AFFILIATION78. What is a national union or federation?“National Union” or “Federation” refers to a group of legitimate labor unions in aprivate establishment organized for collective bargaining or for dealing with employersconcerning terms and conditions of employment for their member-unions or for participating inthe formulation of social and employment policies, standards and programs, registered with theBureau of Labor Relations.79. What is an affiliate?“Affiliate” refers to:1. an independent union affiliated with a federation, national union; or2. a chartered local which was subsequently granted independent registration butdid not disaffiliate from its federation.80. What is a chartered local?“Chartered Local” refers to a labor organization in the private sector operating at theenterprise level that acquired legal personality through the issuance of a charter certificate by afederation or a national union. Under the old rule, this is known simply as “local” or “chapter.”81. What is an independent union?34
Pre-Week Guide on Labor Law 2006 Bar Examinations Prof. Joselito Guianan Chan“Independent Union” refers to a labor organization operating at the enterprise level thatacquired legal personality through independent registration under Article 234 of the Labor Code.82. Are chartered locals required to acquire independent registration in order to have legalpersonality?In Laguna Autoparts Manufacturing Corporation vs. Office of the Secretary, DOLE,[G. R. No. 157146, April 29, 2005], it was held that a local or chapter need not be independentlyregistered to acquire legal personality.Under DOLE Department Order No. 40-03, Series of 2003, it is now enunciated, underSection 8, Rule IV, Book V thereof, that a chartered local is “vested with legal personality on thedate of issuance of certificate of creation of chartered local.” This is as it should be since it isbelieved that by the mere expedience of “filing of the complete documents” for registrationshould not, by itself, accord legal personality to the chartered local. Using the date of theissuance of the certificate of creation of chartered local as the reckoning point of the vesture oflegal personality is certainly the better rule. For obvious reason, it is only upon the issuance ofsaid certificate that all the documents filed are presumed to have been passed upon and found tobe in full compliance with the law.83. What is the proof of affiliation with a federation?The proof of affiliation depends on the nature of the affiliation. Thus, if:1. Chartered local. - Charter certificate issued by the federation or national union.2. Independently-registered union. - contract of affiliation between federation andthe union.84. What is the effect of affiliation?A labor union which affiliates with a federation or national union becomes subject to therules and regulations of the latter. The federation is the principal and the local union, the agent.An independently-registered union does not lose its independent legal personality whenit affiliates with a federation or national union. Appending the name of the federation to the localunion's name does not mean that the federation absorbed the latter.85. Which one is liable for damages in case of illegal strike – the local union or federation?In Filipino Pipe and Foundry Corporation vs. NLRC, (G. R. No. 115180, November16, 1999), it was held that it is the local union and not the federation which is liable to paydamages in case of illegal strike.86. What is disaffiliation?The right to disaffiliate by the local union from its mother union or federation, is aconstitutionally-guaranteed right which may be invoked by the former at any time. It is not anact of disloyalty on the part of the local union nor is it a violation of the “union security clause”in the CBA.In the absence of specific provisions in the federation’s constitution prohibitingdisaffiliation or the declaration of autonomy of a local union, a local may dissociate with itsparent union. Thus, in one case, it was held that there can be no disloyalty to speak of since thereis no provision in the federation’s constitution which specifically prohibits disaffiliation ordeclaration of autonomy.The local union, by disaffiliating from the old federation to join a new federation, ismerely exercising its primary right to labor organization for the effective enhancement andprotection of common interests. Absent any enforceable provisions in the federation’sconstitution expressly forbidding disaffiliation of a local union, a local union may sever itsrelationship with its parent union.35
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