Labor Law Rev

June 21, 2013

RIGHT TO SELF-ORGANIZATION

Organize for the sake of bargaining

A.243 not all persons in companies/private establishments can have the right
to self-organization cause there are some that cant!
A violation to this right is considered as an unlawful act
Even without the labor code, the right still exists (consti)
Right to strike, collective bargaining, self-organization (all 3 considered as a
package)
212(h) labor organization and legitimate labor organization
duly registered will make a LO a LLO
any branch thereof (of the first, of a duly registered labor organization)
do you need registration to be an LLO? Nope. Cause the branch thereof of a
LLO can be considered an LLO
Labor Organization
1. registration, A.234
a. independent union plant levels, 20% membership requirement at the
time of registration
b. federation (same level)
c. national union
d. industry union
e. trade union center- higher level in terms of membership. Counts among its
members federations
bargaining unit: not only for collective bargaining but also for organizing a union.
Why? Cause you are already thinking of the bargaining unit you want to present
Article 234-(a): chartering
the only union that can be covered by a chartering process is the LOCAL
CHAPTER
federation creates a local chapter through the process of chartering
company level: independent union (has to be registered, 20% members, in
general not associated with a federation), local chapter (no reg, no membership
reqt, chartering process, cant be independent of a federation)
multi-industry: federation, trade union center (both are required to register)

Affiliate: an organization joining a bigger organization

independent union applying for membership in a bigger org, a federation
will you lose legal personality? Nope. Still independent but affiliated
2 types: union as a local chap then registered then becomes and indept union
(technically no need for a federation anymore)
independent union

Legal Personality: unions required to register shall acquire LP upon issuance of

cert of registration
waiting period (you have to receive cert of reg)
mere submission of docs will not give you LP
unless you have a cert, you are nothing.
234-a: LP upon issuance of cert charter- from the federation. No other
requirement needed. BUT only for 1 purpose: to file a petition for C.Election
234-a: cause your LP today is a limited legal personality (for the purpose of CE),
when will you acquire FULL LP? You have to submit 3 docs (1. Charter
certificate, list of officers etc, consti and by-laws)
copy the rest from anjo