TITLE IV

LABOR ORGANIZATION
Chapter 1
REGISTRATION AND CANCELLATION
Art.239.Requirementsofregistration.
Afederation,nationalunionorindustryortradeunioncenteroranindependentunion
shallacquirelegalpersonalityandshallbeentitledtotherightsandprivilegesgranted
bylawtolegitimatelabororganizationsuponissuanceofthecertificateofregistration
basedonthefollowingrequirements.
Fiftypesos(P50.00)registrationfee;
The names of its officers, their addresses, the principal address of the labor
organization,theminutesoftheorganizationalmeetingsandthelistoftheworkers
whoparticipatedinsuchmeetings;
In case the applicant is an independent union, the names of all its members
comprisingatleasttwentypercent(20%)ofalltheemployeesinthebargainingunit
whereitseekstooperate
Iftheapplicantunionhasbeeninexistenceforoneormoreyears,copiesofitsannual
financialreports;and
5.Four(4)copiesoftheconstitutionandbylawsoftheapplicantunion,minutesof
its
adoptionorratification,andthelistofthememberswhoparticipatedinit.(As
amendedbyBatasPambansaBilang130,August21,1981)
Art.240.Charteringandcreationofalocalcharter.
Adulyregisteredfederationornationalunionmaydirectlycreatealocalchapterby
issuing a charter certificate indicating the establishment of the local chapter. The
chapter shall acquire legal personality only for purposes of filing a petition for
certificationelectionfromthedateitwasissuedachartercertificate.
Thechaptershallbeentitledtoallotherrightsandprivilegesofalegitimatelabor
organizationonlyuponthesubmissionofthefollowingdocumentsinadditiontoits
chartercertificate:
a. Thenamesofthechaptersofficers,theiraddresses,andtheprincipalofficeof
thechapter;and
b. The chapters constitutionandbylaws: Provided, thatwherethe chapters
constitutionandbylawsarethesameasthatofthefederationorthenational
union,thisfactshallbeindicatedaccordingly.
Theadditionalsupportingrequirementsshallbecertifiedunderoathbythesecretary
ortreasurerofthechapterandattestedbyitspresident.

Art.241.Actionontheapplication.
TheBureaushallactonallapplicationsforregistrationwithinthirty(30)daysfrom
filing.
Allrequisitedocumentsandpapersshallbecertifiedunderoathbythesecretaryor
thetreasureroftheorganization,asthecasemaybe,andattestedtobyitspresident.
Art.242.DenialofRegistration;Appeal.
The decision of the Labor Relations Division in the regional office denying
registrationmaybeappealedbytheapplicantuniontotheBureauwithinten(10)days
fromreceiptofnoticethereof.
Art.243.Additionalrequirementforfederationsornationalunions.
SubjecttoArticle238,iftheapplicantforregistrationisafederationoranational
union,itshall,inadditiontotherequirementsoftheprecedingArticles,submitthe
following:
a. Proofoftheaffiliationofatleastten(10)localsorchapters,eachofwhich
mustbeadulyrecognizedcollectivebargainingagentintheestablishmentor
industryinwhichitoperates,supportingtheregistrationofsuchapplicant
federationornationalunion;and
b. Thenamesandaddressesofthecompanieswherethelocalsorchapters
operateandthelistofallthemembersineachcompanyinvolved.
COMMENTS AND CASES

Workers right to self-organization is guaranteed by the

constitution and such right shall not be abridged. It includes the
right to form, join, or assist labor organization for purpose of
collective bargaining.
Labor Organization refers to any UNION or ASSOCIATION OF
EMPLOYEES in the private sector which EXIST in whole or in part
for PURPOSE OF COLLECTIVE BARGAINING, MUTUAL AID,
INTEREST, COOPERATION, PROTECTION, and OTHER LAWFUL
PURPOSES. (CM-AICP-O)
Legitimate Labor Organization (LLO) refers to any LABOR
ORGANIZATION in the private sector registered or reported with
the Department in accordance with Rules III and IV of these
Rules.
Union refers to any LABOR ORGANIZATION in the private
sector organized for COLLECTIVE BARGAINING and other
LEGITIMATE PURPOSES.

NOTE: Not ever union is legitimate, it must be

registered to be considered as one.
Non-registration does not mean illegitimate, it
is simple unregistered and no legal personality. It exist but does
not possess the rights of an LLO
Not every LLO is exclusive bargaining representative
(EBR). EBR has to be an LLO but not every LLO is EBR.
To be an EBR, union must be duly registered, go
through process of recognition by the employer or through
election among employees whom the union will represent.
Exclusive Bargaining Representative refers to LEGITIMATE
LABOR UNION duly recognized or certified as SOLE AND
EXCLUSICE BARGAINING REPRESENTATIVE or AGENT of ALL
EMPLOYEES in the bargaining unit.
Workers Association an ASSOCIATION OF WORKERS
organized for the MUTUAL AID and PROTECTION of its members
or for any LEGITIMATE PURPOSE other then collective bargaining.
Legitimate workers association an ASSOCIATION OF
WORKERS organized
for mutual aid and protection of its
members or for any legitimate purpose other than collective
bargaining REGISTERED with the Department.
Note: labor organizations is not always a union, may
be an association of workers. Purpose is not always collective
bargaining but also dealing with employers concerning terms and
condition of employment.

COLLECTIVE BARGAINING VS DEALING WITH EMPLOYER

Collective bargaining right that may be acquired by a labor
organization after registering itself with the DOLE and after being
recognized by or certified by the DOLE as EBR of the employees.
Dealing with the employee generic description of interaction
between employer and employee concerning grievances, wages, works
hours and other terms of employment, registration is not necessary.
Involves bilateral mechanism that entails a pattern or practice
in which a group of employees, over time, make proposals to
management and management responds to those proposals by
acceptance or rejection.
They are regarded as labor organizations for protection under
256 to 258, but cannot demand collective bargaining or stage a
strike.
LABOR ORGANIZATION NOT NECESSARILY A UNION

Labor-management committee It may be a works council or body

of any other name as a medium of employee-employer interaction in
the establishment through which problems or disputes, or potential
disputes, may be resolved by consensus, compromise, or other
constructive voluntary mode.
Instead of organizing a labor union, workers may opt to form
something shorn of the rigidity and formality of a labor union.