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    Case Digest Topic: Union Registration Requirements

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    Jonathan Peter Del Rosario
    1) Petitioner challenged the registration of Respondent as a legitimate labor organization, alleging that Respondent did not comply with registration requirements, specifically the requirement to submit a list of members comprising at least 20% of employees in the bargaining unit. 2) The DOLE regional director initially cancelled Respondent's registration for failing to meet the 20% membership requirement but the decision was reversed on appeal. 3) The Supreme Court ruled that Respondent failed to comply with registration requirements and cancelled its certificate of registration. Specifically, as a direct creation of a trade union center, Respondent had to meet the more stringent independent union requirements, including the 20% membership threshold based on all divisions, rather than a single division.

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    Case Digest Topic: Union Registration Requirements

    Uploaded by

    Jonathan Peter Del Rosario
    210 views1 page
    1) Petitioner challenged the registration of Respondent as a legitimate labor organization, alleging that Respondent did not comply with registration requirements, specifically the requirement to submit a list of members comprising at least 20% of employees in the bargaining unit. 2) The DOLE regional director initially cancelled Respondent's registration for failing to meet the 20% membership requirement but the decision was reversed on appeal. 3) The Supreme Court ruled that Respondent failed to comply with registration requirements and cancelled its certificate of registration. Specifically, as a direct creation of a trade union center, Respondent had to meet the more stringent independent union requirements, including the 20% membership threshold based on all divisions, rather than a single division.

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    -5-GR-171153_CASE-DIGEST

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    1) Petitioner challenged the registration of Respondent as a legitimate labor organization, alleging that Respondent did not comply with registration requirements, specifically the requirement to submit a list of members comprising at least 20% of employees in the bargaining unit. 2) The DOLE regional director initially cancelled Respondent's registration for failing to meet the 20% membership requirement but the decision was reversed on appeal. 3) The Supreme Court ruled that Respondent failed to comply with registration requirements and cancelled its certificate of registration. Specifically, as a direct creation of a trade union center, Respondent had to meet the more stringent independent union requirements, including the 20% membership threshold based on all divisions, rather than a single division.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    210 views1 page

    Case Digest Topic: Union Registration Requirements

    Uploaded by

    Jonathan Peter Del Rosario
    1) Petitioner challenged the registration of Respondent as a legitimate labor organization, alleging that Respondent did not comply with registration requirements, specifically the requirement to submit a list of members comprising at least 20% of employees in the bargaining unit. 2) The DOLE regional director initially cancelled Respondent's registration for failing to meet the 20% membership requirement but the decision was reversed on appeal. 3) The Supreme Court ruled that Respondent failed to comply with registration requirements and cancelled its certificate of registration. Specifically, as a direct creation of a trade union center, Respondent had to meet the more stringent independent union requirements, including the 20% membership threshold based on all divisions, rather than a single division.

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    © All Rights Reserved
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    of 1

    CASE DIGEST

    Topic: Union Registration Requirements


    SAN MIGUEL CORPORATION EMPLOYEES UNION PHILIPPINE TRANSPORT AND GENERAL WORKERS
    ORGANIZATION (SMCEUPTGWO), Petitioner,
    - versus -
    SAN MIGUEL PACKAGING PRODUCTS EMPLOYEES UNION PAMBANSANG DIWA NG MANGGAGAWANG PILIPINO
    (SMPPEUPDMP), R e s p o n d en t

    FA C TS:

    From 1987 to 1997 (20 years), Petitioner is a certified bargaining agent o f th e th r e e d iv is io n s of Sa n Mig u e l
    C o r p or a tio n ( SMC ) a n d in a ll o ffic e s a n d p la n ts o f SMC . W h ile r e s p o n d en t is r e g is te r e d a s c h a p te r o f
    Pambansang Diwa ng Manggagawang Pilipino (PDMP).

    Respondent, after Certificate of Creation of Local Chapter has been issued by BLR, filed three separate petitions for certification
    election to represent SMPP, SMCSU and SMBP before Med-Arbiter of DOLE NCR but said petitions were dismissed on ground
    that the separate petitions fragmented a single bargaining unit. Petitioner filed with DOLE NCR petition seeking the cancellation
    of respondent registration and its dropping from the rolls of legitimate Labor Organizations. Petitioner alleged respondent of
    committing fraud and falsification, and non-compliance with registration requirements in obtaining its certificate of registration and
    violated Articles 239 (a), (b) and (c) and 234 (c) of Labor Code AND PDMP is not a legitimate labor organization but a trade
    union center thus it cannot create a local or chapter.

    DOLE-NCR Regional Director Lim found that respondent did not comply with the 20% membership requirement and
    ordered the cancellation of its certificate of registration and removal from the roll of legitimate labor organizations and
    dismissed other allegations. Thus, respondent appealed to BLR. On the other hand, BLR reversed the decision of DOLE-NCR
    Director ruling that Respondent should not be removed from roll of legitimate labor organizations. And, the motion for
    reconsideration has been denied. On appeal to CA, dismissed the petition and affirmed the decision of BLR.

    Petition for certiorari has been filed. And, petitioner alleged that respondent, in order to be legitimate, must submit a list of
    members comprising at least 20% of employees in bargaining unit as provided in Article 234(c) of Labor Code. The 20%
    requirement for registration of respondent must be based on the numbers of ALL THREE DIVISIONS of company and in all
    offices and not on a single division of SMC since they are all part of one bargaining unit. Hence, respondent failed to comply
    such requirement since the membership is only based on the number of employees of single division only not from all divisions.

    ISSUE:
    WON Respondent did comply requirements to be a legitimate Labor organization.

    RULING:

    NO. Respondent failed to comply with the requirements set forth by law in order to be a legitimate labor organization for the
    following: Petitioner claims that Section 3 of the Implementing Rules, as amended by Department Order No. 9, violated Article
    234 of the Labor Code when it provided for less stringent requirements for the creation of a chapter or local. Article 234 of
    the Labor Code provides that an independent labor organization acquires legitimacy only upon its registration with the BLR: xxx
    3) The names of all its members comprising at least twenty percent (20%) of all the employees in the bargaining unit where it
    seeks to operate; xxx The foregoing pertains to the registration of an independent labor organization, association or group of
    unions or workers.

    However, the creation of a branch, local or chapter is treated differently. This Court declared that when an unregistered union
    becomes a branch, local or chapter, some of the aforementioned requirements for registration are no longer necessary or
    compulsory. Whereas an applicant for registration of an independent union is mandated to submit, among other things, the
    number of employees and names of all its members comprising at least 20% of the employees in the bargaining unit
    where it seeks to operate, as provided under Article 234 of the Labor Code and Section 2 of Rule III, Book V of the
    Implementing Rules, the same is no longer required of a branch, local or chapter. The intent of the law in imposing less
    requirements in the case of a branch or local of a registered federation or national union is to encourage the affiliation of a local
    union with a federation or national union in order to increase the local unions bargaining powers respecting terms and conditions
    of labor.

    Although PDMP as a trade union center is a legitimate labor organization, it has no power to directly create a local or
    chapter. Thus, SMPPEU-PDMP cannot be created under the more lenient requirements for chartering, but must have complied
    with the more stringent rules for creation and registration of an independent union, including the 20% membership requirement.

    CONSEQUENTLY, RESPONDENT CERTIFICATE OF REGISTRATION IS HEREBY CANCELLED AND REMOVED FROM


    THE ROLL OF LEGITIMATE LABOR ORGANIZATIONS.

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