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    Effects of Affiliation & Disaffiliating of A Union

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    Tokie Toki
    1. The document discusses the process and effects of affiliating and disaffiliating a union with a federation or national union. Affiliating involves signing a contract and registering with the federation, which subjects the local union to the rules of the parent federation. 2. Disaffiliating requires a majority vote of the union members. An independently registered union can continue operating after disaffiliation, while one not independently registered would lose its legal status. 3. In the case of disaffiliation, an independently registered union is entitled to keep collecting union dues, while a non-independently registered union could no longer collect dues.

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    Effects of Affiliation & Disaffiliating of A Union

    Uploaded by

    Tokie Toki
    2K views1 page
    1. The document discusses the process and effects of affiliating and disaffiliating a union with a federation or national union. Affiliating involves signing a contract and registering with the federation, which subjects the local union to the rules of the parent federation. 2. Disaffiliating requires a majority vote of the union members. An independently registered union can continue operating after disaffiliation, while one not independently registered would lose its legal status. 3. In the case of disaffiliation, an independently registered union is entitled to keep collecting union dues, while a non-independently registered union could no longer collect dues.

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    Effects of Affiliation & Disaffiliating of a Union

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    1. The document discusses the process and effects of affiliating and disaffiliating a union with a federation or national union. Affiliating involves signing a contract and registering with the federation, which subjects the local union to the rules of the parent federation. 2. Disaffiliating requires a majority vote of the union members. An independently registered union can continue operating after disaffiliation, while one not independently registered would lose its legal status. 3. In the case of disaffiliation, an independently registered union is entitled to keep collecting union dues, while a non-independently registered union could no longer collect dues.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    2K views1 page

    Effects of Affiliation & Disaffiliating of A Union

    Uploaded by

    Tokie Toki
    1. The document discusses the process and effects of affiliating and disaffiliating a union with a federation or national union. Affiliating involves signing a contract and registering with the federation, which subjects the local union to the rules of the parent federation. 2. Disaffiliating requires a majority vote of the union members. An independently registered union can continue operating after disaffiliation, while one not independently registered would lose its legal status. 3. In the case of disaffiliation, an independently registered union is entitled to keep collecting union dues, while a non-independently registered union could no longer collect dues.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 1

    Affiliation with a Federation/National Union

    Independently Registered Union (LLO)


    Not Independently Registered Union
    The affiliation is by signing a contract of affiliation Affiliation is done by the application of the union
    with the labor union and the registration of such with the federation so it may be issued a charter
    contract with the BLR.
    certificate, to be submitted with the BLR, including
    the following:
    1. Copies of its constitution and by-laws
    2. Statement of the set of officers and books
    of accounts, all of which must be certified
    by the Secretary/Treasurer and attested
    to by the President.
    Effects of affiliating:
    - It will become a LLO
    Effect:
    The labor union that affiliates with a federation is subject to the laws of the parent body under whose
    authority the local union functions. The Constitution, by-laws and rules of the mother federation, together
    with the charter it issues to the local union, constitutes an enforceable contract between them and
    between the members of the subordinate union inter se. Thus, pursuant to the Constitution and by- laws,
    the federation has the right to investigate and expel members of the local union
    [Villar v. Inciong, G.R. No. L-50283-84, (1983)]

    Disaffiliation with a Federation/National Union


    Independently Registered Union (LLO)
    It shall be made by a majority decision of the
    entire membership, after due deliberation, by
    secret ballot, unless, the nature of the
    organization or force majeure renders such secret
    ballot impractical, in which case, the board of
    directors of the organization may make the
    decision.

    Not Independently Registered Union


    It shall be made by a majority decision of the
    entire membership, after due deliberation, by
    secret ballot, unless, the nature of the
    organization or force majeure renders such secret
    ballot impractical, in which case, the board of
    directors of the organization may make the
    decision.

    The disaffiliation of the union would not affect its


    being a legitimate labor organization and therefor
    would continue to have the rights and privileges of
    a legitimate labor organization as well as the legal
    personality as such.

    Upon disaffiliation, it would cease to be a


    legitimate labor organization and would therefore
    no longer have the legal personality and the rights
    and privileges granted by law to legitimate
    organization.

    NOTE:
    A union can affiliate anytime but disaffiliation can be done only during the freedom period. If not within
    the freedom period, can be done only with the consent of the majority of the workers. Provided it is
    independently registered otherwise it loses its personality.
    Disaffiliation should be in accordance with the rules and procedures stated in the Constitution and bylaws of the federation. A local union may disaffiliate with its mother federation provided that there is no
    enforceable provision in the federations constitution preventing disaffiliation of a local union
    [Tropical Hut Employees Union v. Tropical Hut, G.R. Nos. L-43495-99, (1990)]
    EXCEPTION:
    The exception will only apply if it is not prohibited by the constitution and by-laws of the federation of
    national union. A prohibition to disaffiliate in the Federations constitution and by-laws is valid because it
    is intended for its own protection.

    Entitlement to union dues in case of disaffiliation


    Independently Registered Union (LLO)
    Locals or chapters who retained status as LLO shall
    be allowed to register as independent unions. If
    they fail to register, they shall lose their legitimate
    status upon the expiration of the CBA.

    Not Independently Registered Union


    Effect of Disaffiliation to the CBA An existing CBA
    would continue to be valid as the labor
    organization can continue administering the CBA.
    The CBA would continue to be valid up to its
    expiration date.

    Entitlement to union dues in case of disaffiliation


    Independently Registered Union (LLO)
    Not Independently Registered Union
    The labor organization is entitled to the union Then union dues may no longer be collected as
    dues and not the federation from which the labor there would no longer any labor union who is
    organization disaffiliated.
    allowed to collect such union dues from the
    employees.

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