6. Union Registration and Chartering

Union Registration and Chartering

Concept

Registration and chartering are distinct ways for a labor organization to acquire legal personality. A federation, national union, industry or trade union center, or independent union acquires legal personality and the rights of a legitimate labor organization upon issuance of its certificate of registration. A duly registered federation or national union may instead create a local chapter by issuing a charter certificate. (Art. 234, Labor Code)¹ (Art. 234-A, Labor Code)²

Governing provisions

Article 234 states the requirements for registration. Article 234-A governs the creation of a local chapter and the documents needed for its other rights and privileges. Article 236 provides an appeal from a regional denial of registration. (Art. 234, Labor Code)¹ (Art. 234-A, Labor Code)² (Art. 236, Labor Code)³

Requisites / Rules

An application under Article 234 requires the following: (Art. 234, Labor Code)¹

• A P50 registration fee. (Art. 234, Labor Code)¹
• The officers’ names and addresses, the organization’s principal address, minutes of organizational meetings, and the list of workers who participated in those meetings. (Art. 234, Labor Code)¹
• For an independent union, the names of all members, comprising at least 20% of the employees in the bargaining unit where it seeks to operate. (Art. 234, Labor Code)¹
• If the applicant has existed for at least one year, copies of its annual financial reports. (Art. 234, Labor Code)¹
• Four copies of its constitution and by-laws, the minutes of their adoption or ratification, and the list of participating members. (Art. 234, Labor Code)¹

For a chartered chapter’s other rights and privileges, it must submit, in addition to its charter certificate, its officers’ names and addresses, its principal office, and its constitution and by-laws. If the latter are the same as the federation’s or national union’s, the chapter must indicate that fact. The additional requirements must be certified under oath by its secretary or treasurer and attested by its president. (Art. 234-A, Labor Code)²

Distinctions

Do not equate a chapter’s charter certificate with full entitlement to every right of a legitimate labor organization. From the date the charter certificate is issued, the chapter has legal personality only for filing a petition for certification election; entitlement to its other rights and privileges depends on submitting the additional documents. The 20% membership requirement stated in Article 234 applies to an applicant independent union. (Art. 234-A, Labor Code)² (Art. 234, Labor Code)¹

Key doctrines

Once registered, a union remains a legal labor organization until its certificate is cancelled or revoked in an independent cancellation action. Its status cannot be collaterally attacked in certification proceedings. Cancellation requires the specified grounds and due hearing, and must be approached with caution. (Heritage Hotel Manila v. Secretary of Labor and Employment, G.R. No. 172132, 23 July 2014)⁴ (Asian Institute of Management Faculty Association v. Asian Institute of Management, G.R. No. 197089, 31 August 2022)⁵

Exceptions

If the Labor Relations Division in the regional office denies registration, the applicant union may appeal to the Bureau within 10 days from receipt of notice. This is the express remedy for a denial, rather than an exception to the registration requirements. (Art. 236, Labor Code)³

Bar tip

Identify whether the organization applied for registration or was chartered; then identify the precise right claimed and the document or decision that supports it. (Art. 234, Labor Code)¹ (Art. 234-A, Labor Code)²