Question & AnswerQ&A (Republic Act No. 9481)
A federation, national union, trade union center, or independent union acquires legal personality and is entitled to the rights and privileges granted by law to legitimate labor organizations upon issuance of the certificate of registration.
Requirements include a registration fee of 50 Pesos, names and addresses of officers and principal address, minutes of organizational meetings, list of participating workers, names of members for independent unions forming at least 20% of bargaining unit, annual financial reports if the union exists one year or more, and four copies of its constitution and by-laws with adoption minutes and member participants list.
Article 234-A allows a duly registered federation or national union to create local chapters by issuing a charter certificate. The chapter has legal personality for filing certification election petitions from issuance date, and gains full rights only after submitting names of officers, addresses, and constitution/by-laws.
The Bureau may cancel registration after due hearing on grounds like misrepresentation or fraud in adoption/ratification of constitution/by-laws, election of officers, minutes of election, or voluntary dissolution by members.
No, under Article 238-A, a petition for cancellation does not suspend certification election proceedings or prevent filing of such petitions. The union may also seek remedies in court despite cancellation.
At least two-thirds of the general membership must vote to dissolve the organization in a duly called meeting, and the board must submit an application to cancel registration attested by the president.
Organizations must submit constitution/by-laws and amendments within 30 days of adoption, list of officers and election minutes within 30 days of election, annual financial reports within 30 days after fiscal year-end, and list of members annually or as required by the Bureau.
Managerial employees are not eligible to join or form any labor organization. Supervisory employees may not join rank-and-file unions but can form their own separate unions. Inclusion of employees outside the bargaining unit is not a ground for cancellation; such employees are automatically removed from membership lists.
A verified petition by any legitimate labor organization supported by written consent of at least 25% of bargaining unit employees leads to a secret ballot election ordered by the Med-Arbiter. If no majority winner in a 3+ union race, a run-off election between top two is required. At least 50% total votes must be cast.
The employer is considered a bystander without party rights to oppose petitions. The employer is only notified about petitions and required to submit employee lists during the pre-election conference if the Med-Arbiter permits the petition.