Creation and Chartering of Local Chapters
- Registered federation or national union may create local chapters by issuing a charter certificate.
- Local chapter gets legal personality only for filing certification election petition from issuance date.
- Full rights granted upon submission of officers' names and addresses, principal office, and constitution and by-laws (or indication if same as parent union).
- Supporting documents to be certified under oath and attested by chapter president.
Cancellation of Registration
- Certificate of registration cancelled by Bureau after due hearing.
- Grounds for cancellation cited in Article 239.
Effect of Petition for Cancellation
- Petition for cancellation does not suspend certification election proceedings nor prevent filing of certification petition.
- Union may seek remedies in courts despite cancellation.
Grounds for Cancellation of Registration
- Misrepresentation, false statement, or fraud regarding constitution/by-laws adoption or ratification.
- Misrepresentation, false statement, or fraud regarding election of officers.
- Voluntary dissolution by members.
Voluntary Cancellation of Registration
- Organization may cancel registration if at least two-thirds of general membership votes for dissolution in meeting called for that purpose.
- Application for cancellation submitted by board, attested by president.
Reportorial Requirements
- Submission to Bureau of:
- Constitution and by-laws or amendments, minutes of ratification, list of ratifying members within 30 days.
- List of officers, minutes of elections, voters list within 30 days.
- Annual financial report within 30 days after fiscal year.
- List of members at least once a year or as required.
- Non-compliance not ground for cancellation but may result in suspension, expulsion, or penalties.
Membership Eligibility of Managerial and Supervisory Employees
- Managerial employees cannot join or form labor organizations.
- Supervisory employees cannot join rank-and-file collective bargaining units but may form separate ones.
- Rank-and-file and supervisors’ unions may join same federation or national union.
Inclusion of Employees Outside Bargaining Unit
- Inclusion of such employees as members is not ground for registration cancellation.
- These employees are automatically removed from membership list.
Representation Issues in Organized Establishments
- Verified petition questioning majority status can be filed within 60 days before collective bargaining agreement expires.
- Election ordered by Med-Arbiter if petition supported by written consent of at least 25% of bargaining unit employees.
- Valid election requires majority of eligible voters to vote; majority of valid votes certifies union as bargaining agent.
- Run-off election if no majority and three or more choices.
- National unions/federations filing petitions not required to disclose local chapter officers and members.
- Employer must recognize incumbent union if no petition filed after freedom period.
Petitions in Unorganized Establishments
- Certification election conducted upon petition by legitimate labor organization.
- National unions/federations not required to disclose local chapter officers and members.
Employer's Role in Certification Proceedings
- Employer is not a party and cannot oppose petitions.
- Employer's role is limited to notification and submitting employee list if election is ordered.
Separability Clause
- Invalidity of any part does not affect rest of the Act.
Repealing Clause
- Labor Code and related laws amended or repealed as necessary.
Effectivity Clause
- Act takes effect 15 days after publication in Official Gazette or two newspapers of general circulation.