There is basis for the petitioners

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Unformatted text preview: 
to
be
 confirmed
by
submission
of
additional
documents,
otherwise
 the
chapter
does
not
become
entitled
to
all
other
rights
and
 privileges
of
an
LLO.
The
article
does
not
fix
a
time
limit
for
 submitting
 those
 additional
 documents
 because
 a
 chapter
 that
wants
to
become
a
bargaining
agent
will
waste
no
time
 to
permanently
legitimize
its
status
 o Med
 Arbiter
 may
 dismiss
 the
 petition
 for
 certification
 election
 if
 the
 union
 is
 not
 listed
 in
 DOLE’s
 registry
 of
 legitimate
unions
or
if
it
fails
to
attach
to
its
petition
a
duly
 issued
charter
certificate
 A
trade
union
center
cannot
create
a
chapter
 When
does
a
Chapter
become
an
LLO?
 o Before
 
DO
 No.
9,
issued
in
1997:
acquire
legal
personality
 from
 the
 date
 of
 filing
 of
 the
 complete
 documents;
 it
 could
 not
be
the
date
of
filing
of
the
documents
 o NOW:
 deemed
 registered
 and
 vested
 with
 legal
 personality
 on
 the
 date
 of
 issuance
 of
 its
 certificate
 of
 registration
 or
 certificate
of
creation
of
chartered
local
 Recognition
by
BLR
not
a
ministerial
duty
 o Progressive
Development
Cor.­Pizza
Hut
v.
Laguesma
 Nagkakaisang
 Lakas
 ng
 Manggagawa‐Katipunan
 filed
 a
 petition
 for
 certification
 election
 with
 the
 DOLE
 in
 behalf
 of
 the
 rank
 and
 file
 employees
 of
 the
 Progressive
 Development
 Corporation
 (Pizza
 Hut)
 • • • • • Lalay
Abala.
ALS2014B.
Labor
II.
 Pizza
 Hut
 filed
 a
 motion
 to
 dismiss
 alleging
 fraud,
 falsification
 and
 misrepresentation.
 Med
 arbiter
 directed
the
holding
of
a
certification
election;
once
 a
 labor
 organization
 has
 filed
 the
 necessary
 documents
 and
 papers
 and
 the
 same
 have
 been
 certified
 under
 oath
 and
 attested
 to,
 said
 organization
 necessarily
 becomes
 clothed
 with
the
 charter
of
a
LLO.
In
other
words,
recognition
by
the
 BLR
becomes
merely
a
ministerial
function
 SC
 does
 not
 agree.
 After
 a
 labor
 organization
 had
 filed
 the
 necessary
 papers
 and
 documents
 for
 registration,
 it
 becomes
 mandatory
 for
 the
 BLR
 to
 check
 if
 the
 requirements
 have
 been
 complied
 with.
 The
 Labor
 Code
 grants
 the
 BLR
 a
 period
 of
 30
 days
 within
 which
 to
 review
 all
 applications
 for
 registration.
 This
 30­day
 period
 ensures
 that
 any
 action
taken
by
the
BLR
is
made
in
consonance
with
 the
mandate
of
the
Labor
Code.
 • Requirements
relaxed
 o The
 creation
 of
 a
 local
 does
 not
 need
 subscription
 by
 a
 minimum
number
of
members.
 o The
 20%
 initial
 membership
 is
 required
 to
 register
 an
 independent
 union
 but
 not
 a
 local.
 (this
 makes
 it
 easier
 to
 create
a
chapter
than
an
independent
union)
 • Union’s
legitimacy
not
subject
to
collateral
attack
 o Legal
 personality
 may
 be
 questioned
 only
 through
 an
 independent
 petition
 for
 cancellation
 of
 union
 registration
 and
 NOT
 by
 the
 way
 of
 collateral
 attack
 in
 the
 petition
 for
 certification
election
 Collective
bargaining
unit
(CBU)
 • An
independent
union
is
that
the
applicant
should
have
a
membership
 of
at
least
20%
of
the
employees
in
the
bargaining
unit
where
it
seeks
 to
operate
 • Bargaining
unit
 –
group
of
employees
sharing
mutual
interests
within
 a
 given
 employer
 unit,
 comprised
 of
 all
 or
 less
 than
 all
 of
 the
 entire
 body
 of
 employees
 in
 the
 employer
 unit
 or
 any
 specific
 occupational
 or
geographical
grouping
within
such
employer
unit
 • The
 law
 does
 not
 allow
 supervisors
 and
 rank‐and‐file
 employees
 to
 belong
to
the
same
bargaining
unit
 • The
unit
may
be
as
numerous
as
thousands
of
employees
or
as
few
as
 less
than
a
hundred.
The
law
fixes
no
minimum
or
maximum
number.
 Whatever
 the
 number,
 20%
 should
 be
 members
 of
 the
 independent
 union
applying
for
registration
 • The
 CBU
 is
 different
 from
 and
 bigger
 than
 a
 union.
 Union
 members
 come
 from
 the
 CBU
 and
 there
 can
 be
 several...
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This document was uploaded on 03/11/2014.

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