Scribd
Upload
81 views1 page

When Does A Chapter Become A Legitimate Labor Organization?

The document discusses the process for a chapter to become a legitimate labor organization under Philippine law. It outlines two ways for a chapter to form: 1) through affiliation with a registered federation or national union or 2) direct creation by a federation or national union by submitting documents to the Department of Labor including a charter certificate, names of officers, and constitution. Upon filing all required documents, a chapter gains legal personality and can operate as a legitimate labor organization. Prior court cases further defined the registration requirements as less stringent for chapters of registered national unions in order to encourage affiliation.

Uploaded by

Jan Lawrence Olaco
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
81 views1 page

When Does A Chapter Become A Legitimate Labor Organization?

The document discusses the process for a chapter to become a legitimate labor organization under Philippine law. It outlines two ways for a chapter to form: 1) through affiliation with a registered federation or national union or 2) direct creation by a federation or national union by submitting documents to the Department of Labor including a charter certificate, names of officers, and constitution. Upon filing all required documents, a chapter gains legal personality and can operate as a legitimate labor organization. Prior court cases further defined the registration requirements as less stringent for chapters of registered national unions in order to encourage affiliation.

Uploaded by

Jan Lawrence Olaco
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

When does a chapter become a legitimate labor organization?

In the case of [SMCEUPTGWO v. SMPEU-PDMP, G.R. No. 171153 (2007)] the Court here discussed the process
and manner on how a chapter becomes a legitimate labor organization. The procedure for registration of a
local or chapter of a labor organization is provided in Book V of the Implementing Rules of the Labor Code, as
amended by Department Order No. 9 which took effect on 21 June 1997, and again by Department Order No.
40 dated 17 February 2003. The Implementing Rules as amended by D.O. No. 9 should govern the resolution
of the petition at bar since respondent's petition for certification election was filed with the BLR in 1999; and
that of petitioner on 17 August 1999.

The applicable Implementing Rules enunciates a two-fold procedure for the creation of a chapter or a local.
The first involves the affiliation of an independent union with a federation or national union or industry union.
The second, finding application in the instant petition, involves the direct creation of a local or a chapter
through the process of chartering.

A duly registered federation or national union may directly create a local or chapter by submitting to the DOLE
Regional Office or to the BLR two copies of the following:

(a) A charter certificate issued by the federation or national union indicating the creation or establishment of
the local/chapter;

(b) The names of the local/chapter's officers, their addresses, and the principal office of the local/chapter; and

(c) The local/chapter's constitution and by-laws; Provided, That where the local/chapter's constitution and by-
laws is the same as that of the federation or national union, this fact shall be indicated accordingly.

All the foregoing supporting requirements shall be certified under oath by the Secretary or the Treasurer of
the local/chapter and attested to by its President.

The Implementing Rules stipulate that a local or chapter may be directly created by a federation or national
union. A duly constituted local or chapter created in accordance with the foregoing shall acquire legal
personality from the date of filing of the complete documents with the BLR. The issuance of the certificate of
registration by the BLR or the DOLE Regional Office is not the operative act that vests legal personality upon a
local or a chapter under Department Order No. 9. Such legal personality is acquired from the filing of the
complete documentary requirements enumerated in Section 1, Rule VI.

In the case of [Progressive Development Corporation v. Secretary, Department of Labor and Employment
G.R. No. 96425 (1992)], declared that when an unregistered union becomes a branch, local or chapter, some
of the aforementioned requirements for registration are no longer necessary or compulsory. The intent of the
law in imposing less requirements in the case of a branch or local of a registered federation or national union
is to encourage the affiliation of a local union with a federation or national union in order to increase the local
union's bargaining powers respecting terms and conditions of labor

You might also like