p. 203-208 DELA PENA, Cecille Bernadette S.

3C1 - Corporate Business

ART. 231. REGISTRY OF UNIONS AND FILE OF COLLECTIVE AGREEMENTS ART. 232. PROHIBITION ON CERTIFICATION ELECTION
The Bureau shall not entertain any petition for certification election on any other action which may disturb the administration of duly registered existing collective bargaining agreements affecting the parties except under Articles 253, 253-A and 256 of this code.

 "Contract-Bar Rule" - while a registered CBA is subsiding, the Bureau is not allowed to hold an election contesting the majority status of the incumbent union.

Election is legally allowed ONLY during the "freedom period"

Objective of the rule: minimize union "politicking" until the proper tome comes

ART. 233. PRIVILEDGE COMMUNICATION

Information and statements made at conciliation proceedings shall be treated as privileged communication and shall not be used as evidence in the Commission. Conciliators and similar officials shall not testify in any court or body regarding any matters taken up at conciliation proceedings conducted by them.

 "Privileged Communication" - any statement of such privacy that the law exempts the person receiving the information from the duty to disclose it.

Examples: Communication from client to attorney or from penitent to price information made in conciliation
Cannot be revealed nor used as evidence

CHAPTER 1: REGISTRATION AND CANCELLATION 1. How do I organize my fellow workers into a union? 2. If the business firm where we are working is new and small - less than one year old and less than 50 employees

- can we unionize? 3. May the registration of a union be cancelled? Who may initiate such action and on what grounds?

ART. 234 REQUIREMENENTS AND REGISTRATION

A federation, national union or industry or trade union center or an independent union shall acquire legal personality and shall be entitled to the rights and privileges granted by law to legitimate labor organizations upon issuance of the certificate of registration based on the following requirements:

a. Fifty pesos (P50.00) registration fee;

b. The names of its officers, their addresses, the principal address of the labor organization, the minutes of the organizational meetings and the list of the workers who participated in such meetings
c. In case the applicant is an independent union, the names of all its members, comprising at least twenty percent (20%) of all the employees in the bargaining unit where it seeks to operate

d. If the applicant union has been in existence for one or more years, copies of its annual financial reports; and e. Four copies of the constitution and by-laws of the applicant union, minutes of its adoption or ratification, and the list of the members who participated in it.

 Incorporates the amendments made by R. A. No. 9481 or "An Act Strengthening the Workers' Constitutional Right to Self-organization" Twenty percent (20%) initial membership is required ONLY if the applicant is in an independent union, not a chapter created by a federation

ART. 234-A. CHARTERING AND CREATION OF A LOCAL CHAPTER

A duly registered federation or national union may directly create a local chapter by issuing a charter certificate indication the establishment of the local chapter. The chapter shall be entitled to all other rights and privileges of a legitimate labor organization only upon the submission of the following documents in addition to its certificate:

a. The names of the chapter's officers, their addresses, and the principal office of the chapter; and b. The chapter's constitution and by-laws; Provided, That where the chapter's constitution and by-laws are the same as that of the federation or the national union, this fact shall be indicated accordingly.

 The additional supporting requirements shall be certified under oath by the secretary or treasurer of the chapter and attested by its president.

 Workers' right to SELF ORGANIZATION Every employee (including temporary ones) is eligible for union membership beginning on the employee's first day of work - except as provided in article 245

"Labor Organization"
any union or association of employees in the private sector which exist in whole or in part for the purpose of collective bargaining or for dealing with employers concerning terms and conditions of employment

 The existence of employer-employee relationship is essential for the exercise of the right of self organization for purposes of collective bargaining.

Absence of such relationship affects the legality of the union itself.

"Legitimate Labor Organization"

any labor organization in the private sector registered or reported with the Department (in accordance with Rules HI and IV of these Rules)

"Workers' Association"
an association of workers' organized for the mutual aid and protection of its members or for any legitimate purpose other than collective bargaining

"Legitimate Workers' Association"

any workers' association which is duly registered with the Department

"L.L.O."
Not every organization is a union
Not every union is a Legitimate Labor Organization

Should be registered in with the Department of Labor and Employment to be "legitimate"

Unregistered ones are not illegitimate but is not entitled with the rights mentioned in Art. 242

Creation and Registration Methods

5 requirements for issuance of the certificate of registration
The implementing Rules segregate the requirements for (a.) Independent Union (b.) Local/Chapter, (c.) Federation or National Union, and (d.) Workers' Association

It also provides for mergers or consolidation of union.

A union at the enterprise level may be created either by

Independent registration Chartering

Independent registration is obtained by the union organizers in an enterprise through their own action instead of through issuance of a charter by a federation or national union.

 The union thus created and registered has a legal personality of its own and is called an independent union May be called an affiliate if it is affiliated with a federation, national or industry union Chartering takes place when a duly registered federation or national union issues a charter to a union in an enterprise and registers the charter with the Regional Office or the Bureau of Labor Relations.

 The union recipient of the charter is called a CHAPTER, LOCAL or CHARTERED LOCAL - has no legal personality of its own (as long as it has not availed itself of independent registration)

The charter certificate issued by a federation or national union, together with supporting documents evidencing the establishment of such local/chapter is filed with the DOLE regional office.

 Application for registration of independent unions, chartered locals, and worker's association are filed with the LABOR RELATIONS DIVISIONS of the DOLE Regional Office where the applicant union principally operates.
A denial of registration by the DOLE Regional Director is appealable to the BIR Director and from there to the Court of Appeals A denial of an application filed with and denied b the BBLR is appealable to the DOLE Secretary and from there to the CA if certiorari is justifiable