LABOR UNION AND GOVERNMENT REGULATION

LABOR UNION AND GOVERNMENT REGULATION

UNION REGISTRATION AND PROCEDURE REQUIREMENTS

What are the requirements for registration of a labor organization? Art. 234 :

Any applicant labor organization shall acquire legal personality and shall be entitled to rights and privileges of legitimate labor organizations upon issuance of a certificate of registration upon submission of the following requirements:

1. Registration Fee (Php 50.00)
2. Names of its officers, addresses, principal address of the organization, minutes of meetings and list of workers who participated in meetings.
3. Names of all its members comprising at least 20% of all its EE”s in the bargaining unit.(Not applicable if by chartering)
4. Copies of annual financial reports if union has been in existence for more than 1 year. (If less than 1 year – No more need to file financial statement)
5. Copies of constitution and by-laws.

Sec. 3, Rule II, Book V, IRR’s : Sworn statement by applicant union that there is no certified bargaining agent in bargaining unit concerned. When there is an existing CBA duly submitted to the DOLE, a sworn statement that the application for registration was filed during the last 60 days of the agreement.

Ø  The application and all accompanying documents shall be verified under oath by the secretary or the treasurer as the case may be, and attested to by the president. (Id.)

II. What are the additional requirements for federations or national unions? (Art. 237)

A. Proof of affiliation of at least 10 local chapters.

Ø  Each of which must be a duly recognized collective bargaining agent in the establishment or industry in which it operates.

B. Names and addresses of the companies where the locals or the chapters operate and list of all the members in each company involved.

J      A union does not become legitimate by the mere fact of affiliation BUT by registration.  It is registration with the BLR which made it a LLO with rights and privileges granted under the Labor Code.

J      Union registration is a ministerial duty if all the requirements are present

> Mandamus will lie

III. What is the period for action on application? 30 days from filing (Art. 235)

Book V Rule V

Sec. 3 Action on Application

The Regional Office or Bureau, as the case may be, shall act on the application for registration within thirty (30) days thereof, either by approving the application and issuing the certificate of registration, or denying the application for failure of the applicant to comply with the requirements for registration.

Where the documents supporting the application are not complete or do not contain the requisite attestation requirements, the Regional Office or Bureau shall, within five days from receipt of application, notify the applicant in writing of the requirements needed to complete the application.

Where the applicant fails to complete the requirements within thirty (30) days from receipt of notice, the application shall be denied without prejudice.

TAKE NOTE:             You cannot deny outright an application for registration when the only ground to deny is the incompleteness of the requirements. The applicant must be notified first and be given a chance to complete the requirements. It is only after thirty days after notice that such may be denied.

 

Book V Rule III (as amended by DO. No. 9) :

Sec. 1: Where to file application; The application for registration of any:

1) federation, national or industry union or trade union center:

--          shall be filed with the Bureau.

2) Independent Union

--          shall be filed with and be acted upon by the Regional Office where the applicant’s principal office is located.

3) Local Union: The charter certificate issued by the federation or national union in creating a local/chapter, together with the supporting documents:

--          shall be filed with the Regional Office or the Bureau within (30) days from the issuance of such charter certificate.