Majority union at the

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Unformatted text preview: 
 or
 special
 election
 of
 officers,
 or
 from
 the
 occurrence
 of
 any
 change
 in
 the
 officers
 of
 agents
 of
 the
 labor
 organization
 or
 workers
association;

 Updated
 list
 of
 individual
 members
 of
 chartered
 locals,
 independent
 unions
 and
 workers'
 associations
within
thirty
(30)
days
after
the
close
 of
each
fiscal
year;
and
 Updated
list
of
its
chartered
locals
and
affiliates
or
 member
 organizations,
 collective
 bargaining
 agreements
executed
and
their
effectivity
period,
in
 the
 case
 of
 federations
 or
 national
 unions,
 within
 thirty
 (30)
 days
 after
 the
 close
 of
 each
 fiscal
 year,
 as
 well
 as
 the
 updated
 list
 of
 their
 authorized
 representatives,
 agents
 or
 signatories
 in
 the
 different
regions
of
the
country.

 o As
 understood
 in
 these
 Rules,
 the
 fiscal
 year
 of
 a
 labor
 organization
 shall
 coincide
 with
 the
 calendar
 year,
 unless
 a
 different
 period
 is
 prescribed
 in
 the
 constitution
 and
 by‐ laws.
 o Failure
 to
 submit
 for
 5
 consecutive
 years
 authorizes
 the
 Bureau
 to
 institute
 cancellation
 proceedings
 upon
 its
 own
 initiative
or
upon
complaint
by
any
party‐in‐interest
 Who
files
petition
for
cancellation
 • Any
 party‐in‐interest
 may
 commence
 a
 petition
 for
 cancellation
 of
 registration
 • Employer
is
a
party‐in‐interest
 o 2. 42
 Petition
 to
 cancel
 shall
 be
 under
 oath
 and
 shall
 state
 clearly
 and
 concisely
the
facts
and
grounds
relied
upon,
accompanied
by
proof
of
 service
to
the
respondent.
Such
petition
should
be
a
separate
action;
it
 cannot
be
entertained
in
the
petition
for
certification
election
filed
by
 the
union
 Where
to
file
petition
 • Subject
to
the
requirements
of
notice
and
due
process,
the
registration
 of
 any
 legitimate
 independent
 labor
 union,
 chartered
 local
 and
 workers'
association
may
 be
cancelled
by
the
Regional
Director,
or
in
 the
 case
 of
 federations,
 national
 or
 industry
 unions
 and
 trade
 union
 centers,
 by
 the
 Bureau
 Director,
 upon
 the
 filing
 of
 an
 independent
 complaint
or
petition
for
cancellation
 • Cancellation
orders
issued
by
the
Regional
Director
are
appealable
to
 the
BLR.
 • BLR
decision
is
final
and
executory,
but
may
be
elevated
to
the
CA
by
 certiorari
 • BLR
 decisions
 on
 cancellation
 cases
 that
 originated
 at
 the
 BLR
 itself
 may
be
appealed
to
the
Secretary
of
Labor
and,
by
certiorari
to
the
CA
 Procedure
 • Rules
that
are
applicable
to
inter/intra‐union
disputes
 • Certain
procedural
requirements
apply
particularly
to
delisting
due
to
 failure
to
comply
with
“reportorial
requirements”
 3. 4. Article
240.
Equity
of
the
incumbent.
 
 Chapter
II:
Rights
and
conditions
of
membership.
 Article
241.
Rights
and
conditions
of
membership
in
a
labor
organization.
 1. 2. Democratization
of
unions
 • A
fundamental
paradox
in
democratically
governed
market
economies
 in
the
presence
of
democracy
in
the
political
sphere
but
its
absence
in
 the
 economic
 setting.
 The
 governing
 philosophy
 is
 ownership
 of
 private
property,
not
popular
sovereignty,
and
the
traditional
norm
is
 superior‐subordinate
relationship.
The
workers,
generally,
do
not
get
 to
 choose
 their
 superiors
 nor
 decide
 policy
 question
 or
 control
 the
 making
of
rules.
 • This
 paradox
 germinates
 the
 seed
 of
 unionism
 
 aspiring
 for
 power
 in
their
workplace
 • As
 unionism’s
 aim
 is
 to
 install
 industrial
 democracy,
 the
 unions
 themselves
must
be
democratic
 • To
democratize
unions,
Article
 241
requires
that
the
union
officers
be
 elected
 directly
 by
 the
 members
 through
 secret
 ballot
 and
 that
 the
 major
 policy
 decisions,
 as
 a
 rule,
 be
 made
 by
 the
 union
 members,
 again,
by
secret
ballot
 Nature
of
relationship
between
union
and
its
members
 • There
must
be
fair
dealing
between
the
union
and
its
members,
which
 is
fiduciary
in
nature,...
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