Unlesstheactionof the employers in passing

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Unformatted text preview: ut
 they
 had
 constituted
 the
 minority
 in
 the
 Union.
 Petitioners
 constituted
 a
 small
 minority
 for
 which
 reason
 they
 could
 not
 have
 successfully
 disaffiliated
 the
local
union
from
PAFLU.

 • Disaffiliation:
effect
on
legal
status
 o When
 a
 union
 which
 is
 not
 independently
 registered
 disaffiliates
 from
 the
 federation,
 it
 is
 not
 entitled
 to
 the
 rights
 and
 privileges
 granted
 to
 a
 legitimate
 labor
 organization.
It
can’t
file
a
petition
for
certification
election
 • Disaffiliation:
effect
on
union
dues
 o The
obligation
of
the
employer
to
deduct
and
remit
dues
to
 the
 federation
 is
 conditioned
 on
 the
 individual
 check‐off
 authorization
of
the
local
union
members
 o The
 federation
 is
 entitled
 to
 receive
 the
 dues
 from
 the
 employer
only
as
long
as
the
local
union
is
affiliated
with
the
 federation.
Without
said
affiliation,
the
employer
has
no
link
 to
the
mother
union
 o The
 obligation
 of
 an
 employee
 to
 pay
 union
 dues
 is
 coterminous
with
his
affiliation
or
membership
 o A
local
union
which
has
validly
withdrawn
from
its
affiliation
 with
 the
 parent
 association
 and
 which
 continues
 to
 represent
 the
 employees
 of
 an
 employer
 is
 entitled
 to
 the
 check‐off
dues
under
a
collective
bargaining
contract
 • Disaffiliation;
 effect
 on
 existing
 CBA;
 the
 “substitutionary”
 doctrine
 o CBA
 continues
 to
 bind
 the
 members
 of
 the
 new
 or
 disaffiliated
 and
 independent
 union
 up
 to
 the
 CBA’s
 expiration
date
 o Substitutionary
doctrine
provides
that
the
employees
cannot
 revoke
 the
 validly
 executed
 collective
 bargaining
 contract
 with
 their
 employer
 by
 the
 simple
 expedient
 of
 changing
 their
bargaining
agent
 11. Revocation
of
charter
 • A
 federation,
 national
 union
 or
 worker’s
 association
 may
 revoke
 the
 charter
issued
to
a
local/chapter
or
branch
by
serving
on
the
latter
a
 verified
 notice
 of
 revocation,
 copy
 furnished
 the
 Bureau,
 on
 the
 ground
 of
 disloyalty
 or
 such
 other
 grounds
 specified
 in
 the
 constitution
and
by‐laws
of
the
federation,
national
union
or
workers’
 association
 • Revocation
shall
divest
the
local/chapter
of
its
legal
personality
upon
 receipt
 of
 the
 notice
 by
 the
 Bureau,
 unless
 in
 the
 meantime,
 it
 has
 acquired
independent
registration
 Lalay
Abala.
ALS2014B.
Labor
II.
 Effect
 of
 cancellation
 of
 registration
 of
 federation
 or
 national
 union
on
locals/chapters
 o Cancellation
 shall
 operate
 to
 divest
 its
 locals/chapters
 of
 their
 status
 as
 legitimate
 labor
 organizations,
 unless
 the
 locals/chapters
 are
 covered
 by
 a
 duly
 registered
 CBA
 (in
 which
case,
they
shall
be
allowed
to
register
as
independent
 unions.
 Failing
 to
 do
 so,
 they
 will
 lose
 their
 status
 upon
 the
 expiration
of
the
CBA)
 12. Merger
or
consolidation

 • Merger
 is
 the
 process
 where
 a
 labor
 organization
 absorbs
 another,
 resulting
 in
 the
 cessation
 of
 the
 absorbed
 labor
 organization’s
 existence
 and
 the
 continued
 existence
 of
 the
 absorbing
 labor
 organization
 o Effect
 is
 to
 transfer
 to
 the
 absorbing
 organization
 all
 the
 rights,
interests
and
obligations
to
the
absorbed
organization
 o Often
involves
a
larger
union
merging
with
a
smaller
union
 o Union
 merge
 for
 reasons
 similar
 to
 those
 behind
 corporate
 mergers,
 as
 in
 to
 gain
 access
 to
 greater
 resources
 and
 expertise,
competition,
job
security
and
institutional
survival
 • Consolidation
 refers
 to
 creation
 or
 formation
 of
 a
 new
 union
 arising
 from
the
unification
of
2
or
more
unions
 o Newly
 created
 organization
 acquires
 all
 the
 rights
 and
 interests
of
the
consolidating
organizations
 o Occurs
 between
 2
 unions
 that
 are
 approximately
 the
 same
 size
 • Merger/consolidation
does
not
easily
happen
 o Which
union
will
be
absorbed?
Which
is
dominant?
 o How
will
employer
react
to
union
merger?
 • Notice
 of
 merger/consolidation
 of
 labor
 organizations,
 where
 to
 file
 o Notice
 of
 merger
 or
 consolidation
 of
 independent
 labor
 unions,
 chartered
 locals
 and
 workers'
 associations
 shall
 be
 filed
with
and
recorded
by
the
Regional
Office
that
issued
the
 certificate
of
registration/certificate
of
creation...
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This document was uploaded on 03/11/2014.

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