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Rita
Petitioner,
X Union of
X Manufacturing Company
Respondents.
x--------------------------------------x
ISSUES
DISCUSSIONS
According to Art. 239 of Labor Code (Before the amendments by RA. No.
9481), The following are grounds for cancellation of union registration:
Art. 239. Grounds for cancellation of union registration. The following shall
constitute grounds for cancellation of union registration:
------------------ x x x x ----------------------
Another provision that the Labor Code provided for a valid cancellation of
the registration of the Labor Union can be found on Art. 250 [241] to wit:
Art. 250 [241]. Rights and conditions of membership in a labor organization. The
following are the rights and conditions of membership in a labor organization:
------------------ x x x x----------------------
i. The funds of the organization shall not be applied for any purpose or
object other than those expressly provided by its constitution and by-
laws or those expressly authorized by written resolution adopted by the
majority of the members at a general meeting duly called for the
purpose;
With regards with the present case, there is a clear violation of the
provision for the right of members because of the misrepresentations done
by the President, Vice President and other members of the labor union
involved through the squandering of the union funds which is unknown to
the other members until the audit of Rita. Thus these kinds of activities by
the parties involved, they are violating the rights of the union members,
hence, there is a valid argument that the petition for cancellation is valid.
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consequence is categorically stated in the last paragraph of Art. 250 [241],
which states:
Any violation of the above rights and conditions of membership shall
be a ground for cancellation of union registration or expulsion of
officers from office, whichever is appropriate.
PETITIONER IS A PARTY-IN-INTEREST
On the issue if, the petitioner has a direct interest on the case, that can be
answered on the provision given on Art. 241(1) of the Labor Code which
states:
Art. 241 (1). The treasurer of any labor organization and ever
officer thereof who is responsible for the account of such
organization for the collection, management, disbursement,
custody or control of the funds, money, and other properties of
the organization, shall render to the organization to its
members a true and correct account of all moneys received
and paid by him since the last day on which he rendered such
account, and all bonds, securities and other properties of the
organization entrusted to his custody or under his control.
By that, it is easily known that the petitioner, as the unions auditor, has the
responsibility to make sure that the funds of the union are well-kept and
well reported. With this responsibility, petitioner has the direct interest in
the case because what the other executives and members are doing
involves the union funds, which is under the direct management of the
treasurer, thus giving her the choice whether she will see with a blind eye,
or will she report the activities to the Bureau of Labor Union and do the
right thing. On this case, she wanted to do the right thing.
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and Employees Association v North-eastern College Inc., G.R. No.
152923, January 19, 2009)
The respondent Directors ruling, however, that the assent of 30% of the
union membership, mentioned in Article 241 of the Labor Code, was
mandatory and essential to the filing of a complaint for any violation of
rights and conditions of membership in a labor organization (such as the
arbitrary and oppressive increase of union dues here complained of),
cannot be affirmed and will be reversed. The very article relied upon
militates against the proposition. It states that a report of a violation of
rights and conditions of membership in a labor organization may be made
by (a)t least thirty percent (30%) of all the members of a union or any
member or members specially concerned. The use of the permissive may
in the provision at once negates the notion that the assent of 30% of all
the members is mandatory. More decisive is the fact that the provision
expressly declares that the report may be made, alternatively by any
member or members especially concerned. And further confirmation that
the assent of 30% of the union members is not a factor in the acquisition
of jurisdiction by the Bureau of Labor Relations is furnished by Article 226
of the same Labor Code, which grants original and exclusive jurisdiction
to the Bureau, and the Labor Relations Division in the Regional Offices of
the Department of Labor, over all inter-union and intra-union conflicts, and
all disputes, grievances or problems arising from or affecting labor
management relations, making no reference whatsoever to any such
30%-support requirement. Indeed, the officials mentioned are given the
power to act on all inter-union and intra-union conflicts (1) upon request of
either or both parties as well as (2) at their own initiative.
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Unit 718 Prima Residences Condominium
Quezon Avenue
1118 Quezon City, Philippines
EXPLANATION
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VERIFICATION
I, RITA, of legal age and Filipino, after having been duly sworn to in
accordance with law, depose and state THAT:
Rita
Affiant
DOC. NO._______
PAGE NO._______ NOTARY PUBLIC
BOOK NO._______
SERIES OF 2015.