Practice question
A registered trade union center issues a purported charter to a local solely in its capacity as a center. It argues that every legitimate labor organization has identical chartering powers. Which answer follows from SMCEU-PTGWO and RA 9481?
- All registered organizations necessarily have identical powers.
- The local automatically acquires every legitimate-union right.
- The employer’s agreement supplies the missing statutory authority.
- A center may never be a legitimate labor organization.
- Center registration alone does not confer the chartering authority reserved to duly registered federations or national unions.
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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