7/31/2019 Labor Law Ra 9481(2)

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N CT STRENGTHENING THE ORKERS

CONSTITUTIONAL RIGHT TO SELF-ORGANIZATIONRE P U B L I C AC T 9 4 8 1

When may a federation, national union or industry or trade union center or anindependent union aquire legal personality?Answer: Upon issuance of the certificate

of registration. It shall likewise be entitled to the rights and privileges granted by law to

legitimate labor organizations.

May a federation or national union create a local chapter?Answer: YES. However,the chapter shall acquire legal personality only for purposes of filing a petition for

certification from the date it was issued a charter certificate. The chapter shall be

entitled to all other rights and privileges of a legitimate labor organization only upon the

submission of the following documents in addition to its charter certificate: A) names

and addresses of officers and principal office of the chapter; and B) constitution and by-

laws, if the same with federation or national union, this fact shall be indicated

accordingly.

Can there be voluntary cancellation of union registration?

Answer:YES. Theregistration of a legitimate labor organization may be cancelled only by the organization

itself provided that at least 2/3 of its general membership votes, in a meeting duly called

for that purpose, to dissolve the organization.

Is failure to comply with the reportorial requirements a ground for cancellation ofunion registration? Answer: NO, it shall not be a groud for cancellation of union

registration but shall subject the erring officers or members to suspension, expulsion

from membership, or any appropriate penalty.

What is the effect of inclusion employees outside the bargaining unit? Answer: Itshall not be a ground for the cancellation of registration of the union. However, saidemployees are automatically deemed removed from list of membership of said union.

May rank and file union and supervisory union join the same federation or nationalunion?Answer: YES.

In unorganized establishments, may a federation or national union file a petitionfor certification election with the Med-Arbiter?Answer: YES. And in cases where it

is filed by a federation or national union, it shall not be required to disclose the names of

the local chapters officers and members.

What is the role of the employer if a petition for certification election is filed?Answer: A mere by-stander. In all cases, whether the petition for cert. election is filed

by an employer or a legitimate labor organization, the employer shall not be considered a

party thereto with concomitant right to oppose a petition for certification election.

However, employers participation is limited to: A) notice or information of petitions of

such nature; B) submit list of employeese in the bargaining unit under oath during the

pre-election conference should the Med-Arbiter act favorably on the petition.