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DE LA SALLE UNIVERSITY MEDICAL CENTER v. VS.  BIENVENIDO E. LAGUESMA

This case has been cited 1 times or more.

2006-11-20
QUISUMBING, J.
Under the rules implementing the Labor Code, a chartered local union acquires legal personality through the charter certificate issued by a duly registered federation or national union, and reported to the Regional Office in accordance with the rules implementing the Labor Code.[25] A local union does not owe its existence to the federation with which it is affiliated. It is a separate and distinct voluntary association owing its creation to the will of its members. Mere affiliation does not divest the local union of its own personality, neither does it give the mother federation the license to act independently of the local union. It only gives rise to a contract of agency, where the former acts in representation of the latter.[26] Hence, local unions are considered principals while the federation is deemed to be merely their agent.[27] As such principals, the unions are entitled to exercise the rights and privileges of a legitimate labor organization, including the right to seek certification as the sole and exclusive bargaining agent in the appropriate employer unit.