Labor Organization – means any union or
association of employees which exists in whole or in part for the purpose of collective bargaining or of` dealing with employers concerning terms and conditions of employment
Legitimate Labor Organization – means any labor
organization duly registered with the DOLE, and includes any branch or local thereof
Affiliate – refers to an independent union affiliated
with a federation or national union or a chartered local which was subsequently granted independent registration but did not disaffiliate from its federation, reported to the Regional Office and the Bureau in accordance with Rule III, Sections 6 and 7 of these Rules.
Chartered Local – refers to a labor organization that
acquired legal personality through the issuance of a charter certificate by a duly registered federation or national union, and reported to the Regional Office in accordance with Rule III, Section 2-E of the Rules.
Consolidation – refers to the creation or formation of
a new union arising from the unification of two or more unions
Independent Union – refers to a labor organization
operating at the enterprise level that acquired legal personality through independent registration
Legitimate Workers’ Association – refers to an
association of workers organized for mutual aid and protection of its members or for any legitimate purpose other than collective bargaining registered with the Department
Merger – refers to a process where a labor
organization absorbs another
National Union or Federation – refers to a group of
legitimate labor unions in a private establishment organized for collective bargaining or for dealing with employers concerning terms and conditions of
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employment for their member unions or for participating in the formulation of social and employment policies and standards and programs, registered with the Bureau
Union – refers to any labor organization in the private
sector organized for collective bargaining and for other legitimate purposes
Workers’ Association – refers to an association of
workers organized for the mutual aid and protection of its members for any legitimate purpose other than collective bargaining.
2. Registration of labor organizations
Art. 231. Registry of unions and file of collective bargaining agreements.
Art. 234. Requirements of registration. Art. 235. Action on application.
Art. 236. Denial of registration; appeal.
Art. 237. Additional requirements for federations or national unions.
Art. 238. Cancellation of registration; appeal. Art. 239. Grounds for cancellation of union registration.
Art. 240. Equity of the incumbent. Requirements for Registration (ANNEX A)
Requirements in Case Of Merger/Consolidation (ANNEX B)
Procedure for Registration of Labor Organization (ANNEX C)
3. Cancellation of registration
Grounds for Cancellation of Union Registration
1. Misrepresentation, False Statement or Fraud in connection with:
a. adoption/ratification of the CBL or amendments thereto, minutes of ratification and the list of members who took part in the ratification
b. election of officers, minutes thereof, list of officers/voters
c. in the preparation of the financial reports 2. Failure to Submit:
a. CBL, minutes of its adoption/ratification, list of members who took part within 30 days from adoption of ratification or amendments thereto
b. Minutes of the elections of officers, list of officers/voters within 30 days from election c. Annual financial report to the BLR within 30
days after the closing of every fiscal year d. List of individual members to the BLR once a
year or whenever required by the BLR
3. Acting as labor contractor or engaging in the 'Cabo System' or otherwise engaging in any activity prohibited by law
4. Entering into CBAs with terms and conditions of employment below minimum standards established by law
5. Asking for or accepting attorney's fees or negotiation fees from employer
6. Checking off special assessments or any other fees without duly signed individual written authorizations of the members (other than for mandatory activities under the Labor Code)
Procedure for Cancellation of Registration (ANNEX D)
Procedure for Cancellation of Registration Due to Non-Compliance with Reportorial Requirements (ANNEX E)
4. Rights of Labor Organization
Art. 242. Rights of legitimate labor organizations. Art. 277. Miscellaneous provisions.
(a) All unions are authorized to collect reasonable membership fees, union dues, assessments and fines and other contributions for labor education and research, mutual death and hospitalization benefits, welfare fund, strike fund and credit and cooperative undertakings.
Rights of Labor Organizations
1. To act as the representative of its members for the purpose of collective bargaining;
2. To be certified as the exclusive representative for purposes of collective bargaining;
3. To be furnished by the employer, with its annual audited financial statements, including the balance sheet and the profit and loss statement. 4. To own property, real or personal, for the use and
benefit of the labor organization and its members; 5. To sue and be sued in its registered name;
6. To undertake all other activities designed to benefit the organization and its members, including cooperative, housing, welfare and other projects not contrary to law.
The income and properties received by legitimate labor organization which are actually, directly and
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exclusively used for their lawful purposes shall be free from taxes, duties and other assessments.
Right to Represent its Members
When a union files a case “for and in behalf of its members,” a member of that union will not be permitted to file in the same case a complaint-in- intervention.
Intervention will be allowed only if there is suggestion of fraud or collusion or that the representative will not act in good faith for the protection of all interest represented by the union. Compromise agreement between the union and the company is binding upon the minority members of the union. [Dionela v. Court of
Industrial Relations, 8 SCRA 832 (1963)] Compromise of Money Claims
Money claims due to laborers cannot be the object of settlement or compromise effected by a union or counsel without the specific individual consent of each laborer concerned. The beneficiaries are the individual complainants themselves. The union can only assist them but cannot decide for them. [Kaisahan ng mga
Manggagawa sa La Campana v. Sarmiento 133 SCRA 220 (1984)]
When the Union has the Right to be Furnished with Financial Statements
1. After the union has been recognized by the employer as sole bargaining representative of the employees in the bargaining unit.
2. After the union is certified by DOLE as such sole bargaining representative.
3. Written request from the union
4. Within the last 60 days of the life of a CBA 5. During the collective bargaining negotiation
Right to Collect Fees
Right to collect fees is recognized in Art. 277(a) and discussed under the topic of check-off under Art. 241 (Rights and conditions of membership in a labor organization)
C. SPECIAL GROUPS OF EMPLOYEES