Question & AnswerQ&A (Republic Act No. 9481)
A federation, national union, industry or trade union center, or independent union shall acquire legal personality upon issuance of a certificate of registration after fulfilling requirements such as payment of a P50 registration fee, submission of officers' names and addresses, minutes of organizational meetings, list of participating workers, copies of annual financial reports if applicable, and four copies of constitution and by-laws with ratification minutes and member list.
A charter certificate indicating the establishment of the local chapter allows a duly registered federation or national union to directly create a local chapter.
A local chapter acquires legal personality only for purposes of filing a petition for certification election from the date it is issued a charter certificate.
Grounds include misrepresentation, false statement, or fraud in relation to adoption or ratification of the constitution and by-laws, election of officers, or voluntary dissolution by the members.
Yes, a labor organization may cancel its registration voluntarily if at least two-thirds of its general membership votes in a duly called meeting to dissolve the organization, followed by submission of an application to cancel registration by the board, attested by the president.
They must submit within 30 days copies of their constitution and by-laws or amendments, minutes of ratification, list of members who participated, list of officers with minutes of election and voters list, annual financial reports within 30 days after fiscal year end, and membership lists at least once a year or as required.
No, managerial employees are not eligible to join, assist, or form any labor organization.
Supervisory employees cannot be members of the collective bargaining unit of rank-and-file employees but may form or join separate collective bargaining units or labor organizations of their own, and may affiliate with the same federation or national union as the rank-and-file union.
No, inclusion of employees outside the bargaining unit is not a ground for cancellation, and such employees are deemed automatically removed from the union's membership list.
The employer is a bystander who shall not be a party to the petition or oppose it. The employer's role is limited to being notified of petitions and submitting a list of employees during the pre-election conference if the Med-Arbiter acts favorably.