Issuances of the Department of Labor and Employment and its Attached Agencies

Section 1

Subject to the requirements of notice and due process, the registration of any legitimate independent labor union, local/chapter and workers' association may be cancelled by the Regional Director upon the filing of a petition for cancellation of union registration, or application by the organization itself for voluntary dissolution. The petition for cancellation or application for voluntary dissolution shall be filed in the regional office which issued its certificate of registration or creation. In the case of federations, national or industry unions and trade union centers, the bureau director may cancel the registration upon the filing of a petition for cancellation or application for voluntary dissolution in the bureau of labor relations. (as amended by DOLE Order No. 40-F-03-08, [October 30, 2008])H

Section 2

Any party-in-interest may commence a petition for cancellation of registration, except in actions involving violations of Article 241, which can only be commenced by members of the labor organization concerned.

Section 3

Any of the following may constitute as ground/s for cancellation of registration of labor organizations: (a) misrepresentation, false statement or fraud in connection with the adoption or ratification of the constitution and by-laws or amendments thereto, the minutes of ratification, the list of members who took part in the ratification; (b) misrepresentation, false statements or fraud in connection with the election of officers, minutes of the election of officers, and the list of voters; or (c) voluntary dissolution by the members. (as amended by DOLE Order No. 40-F-03-08, [October 30, 2008])

Section 4

A legitimate labor organization may cancel its registration provided at least two thirds (2/3) of its general membership votes to dissolve the organization in a meeting duly called for that purpose and an application to cancel its registration is thereafter submitted by the board of the organization to the regional/bureau director, as the case may be. The application shall be attested to by the president of the organization. (as created by DOLE Order No. 40-F-03-08, [October 30, 2008])

Section 5

The petition/application shall be acted upon by the Regional/Bureau Director, as the case may be. In case of a petition for cancellation of registration, the formal requirements, processes and periods of disposition stated in Rule XI shall be followed in the determination of the merits of the petition. (4a) (as renumbered and amended by DOLE Order No. 40-F-03-08, [October 30, 2008])

Section 6

The inclusion as union members of employees who are outside the bargaining unit shall not be a ground to cancel the union registration. The ineligible employees are automatically deemed removed from the list of membership of the union. The affiliation of the rank-and-file and supervisory unions operating within the same establishment to the same federation or national union shall not be a ground to cancel the registration of either union. (as created by DOLE Order No. 40-F-03-08, [October 30, 2008]) (as retitled and amended by DOLE Order No. 40-F-03-08, [October 30, 2008])