Thedoctrineapplieswhenthecorporatefiction is used to

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Unformatted text preview: f
change
of
name,
affiliation,
merger
and
 consolidation
are
incomplete
or
do
not
contain
the
required
 certification
 and
 attestation,
 the
 Regional
 Office
 or
 the
 Bureau
 shall,
 within
 five
 (5)
 days
 from
 receipt
 of
 the
 application/notice,
 notify
 the
 applicant/labor
 organization
 concerned
 in
 writing
 of
 the
 necessary
 requirements
 and
 complete
 the
 same
 within
 thirty
 (30)
 days
 from
 receipt
 of
 notice.

 o Where
 the
 applicant/labor
 organization
 concerned
 fails
 to
 complete
 the
 requirements
 within
 the
 time
 prescribed,
 the
 application
 for
 registration shall
 be
 denied,
 or
 the
 notice
 of
 change
 of
 name,
 affiliation,
 merger
 and
 consolidation
 returned,
 without
 prejudice
 to
 filing
 a
 new
 application
 or
 notice
 o The
notice
of
the
Regional
Office
or
the
Bureau
denying
the
 application
for
registration/returning
the
notice
of
change
of
 name,
affiliation,
merger
or
consolidation
shall
be
in
writing
 stating
 in
 clear
 terms
 the
 reasons
 for
 the
 denial
 or
 return.
 The
denial
may
be
appealed
to
the
Bureau
if
denial
is
made
 by
the
Regional
Office
or
to
the
Secretary
if
denial
is
made
by
 the
Bureau,
within
ten
(10)
days
from
receipt
of
such
notice,
 on
 the
 ground
 of
 grave
 abuse
 of
 discretion
 or
 violation
 of
 these
Rules.
 Appeal
 o The
 denial
 by
 the
 regional
 office
 may
 be
 appealed
 to
 the
 Bureau
and
then
to
the
CA.
 o But
if
denial
 originated
at
the
Bureau
itself,
the
appeal
is
to
 the
Secretary
of
Labor
 o It
should
be
filed
within
10
days
from
receipt
of
such
notice,
 on
the
ground
of
grave
abuse
of
discretion
or
violation
of
the
 Rules
 o The
memorandum
of
appeal
shall
be
filed
with
the
Regional
 Office
or
the
Bureau
that
issued
the
denial/return
of
notice.
 The
 memorandum
 of
 appeal
 together
 with
 the
 complete
 records
 of
 the
 application
 for
 registration/notice
 of
 change
 of
 name,
 affiliation,
 merger
 or
 consolidation,
 shall
 be
 transmitted
 by
 the
 Regional
 Office
 to
 the
 Bureau
 or
 by
 the
 39
 Bureau
 to
 the
 Office
 of
 the
 Secretary,
 within
 twenty‐four
 (24)
hours
from
receipt
of
the
memorandum
of
appeal.

The
 Bureau
or
the
Office
of
the
Secretary
shall
decide
the
appeal
 within
 twenty
 (20)
 days
 from
 receipt
 of
 the
 records
 of
 the
 case.

 Affiliation
 • Affiliate
 is
 an
 independently
 registered
 union
 that
 enters
 into
 an
 agreement
of
affiliation
with
a
federation
or
a
national
union.
 o Also
 refers
 to
 a
 chartered
 local
 which
 applies
 for
 and
 is
 granted
an
independent
registration
but
does
not
disaffiliate
 from
its
mother
federation
or
national
union
 • Why?
 o To
 secure
 support
 or
 assistance
 particularly
 during
 formative
stage
of
unionization
 o To
 utilize
 expertise
 in
 preparing
 and
 pursuing
 bargaining
 proposals
 o To
 marshal
 mind
 and
 manpower
 in
 the
 course
 of
 a
 group
 action
such
as
a
strike
 • Federation
or
national
union
ceases
as
such
when
it
loses
its
locals
 o To
 be
 registrable
 or
 remain
 registered,
 should
 have
 as
 affiliates
no
less
than
10
locals
or
chapters,
each
of
which
is
a
 duly
 recognized
 bargaining
 agent
 in
 the
 establishment
 where
it
operates
 • Relationship
 between
 a
 local
 or
 chapter
 and
 federation
 or
 union
 is
 that
of
agency,
where
the
local
is
the
principal
and
the
federation
the
 agent
 • Affiliation
 by
 a
 duly
 registered
 local
 union
 with
 a
 national
 union
 or
 federation
does
not
make
the
local
union
lose
its
legal
personality
 • Report
of
Affiliation;
requirements
 o Independently
 registered
 union
 affiliating
 with
 a
 federation
 or
national
union
is
required
to
report
such
affiliation
 o The
report
of
affiliation
of
independently
registered
labor

 o unions
 with
 a
 federation
 or
 national
 union
 shall
 be
 accompanied
by
the
following
documents
–
 Resolution
 of
 the
 labor
 union's
 board...
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