Practice question
A duly registered federation issues a charter certificate to a new chapter on Monday. The chapter files a certification-election petition on Tuesday but has not yet submitted the additional officers, office, and constitution and bylaws information. A rival argues that either the chapter has no personality at all or it already enjoys every legitimate-union right. Which view is correct?
- It has no personality for any purpose until an employer approves.
- It enjoys every right solely from the charter date.
- The certificate is irrelevant until a CBA is signed.
- It has personality for filing the petition from charter issuance, while other legitimate-union rights require the additional statutory submissions.
- Only a trade union center can issue an effective charter.
Legal references
- DOLE Department Order 40-03, RulesI–III definitions and registration, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/42246
- RA 9481 Sections 1–5,8–9; Labor Code amendments on registration and membership: https://lawphil.net/statutes/repacts/ra 2007/ra_9481_2007.html
- SMCEU-PTGWO v SMPPEU-PDMP, G.R. 171153, September 12 2007, main opinion: https://lawphil.net/judjuris/juri2007/sep2007/gr_171153_2007.html
- Labor Code, DOLE consolidated 2022 edition, specified articles: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Articles 240–241.
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