Practice question
A new national union seeks registration with ten legitimate affiliate unions. Only six affiliates are certified or recognized bargaining agents; the other four are merely registered unions with no such status. The applicant says all ten count because registration and bargaining-agent status are interchangeable. How should the requirement be applied?
- The applicant has not shown ten affiliates satisfying the prescribed bargaining-agent qualification.
- All ten automatically qualify through registration alone.
- Only one qualifying affiliate is required.
- The number of affiliates is legally irrelevant.
- Ten individual officers may replace the four nonqualifying affiliates.
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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