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ART. 245. [238] Cancellation of Registration. 186 The certificate of registration
of any legitimate labor organization, whether national or local, may be cancelled by
the Bureau, after due hearing, only on the grounds specified in Article 239 hereof. 187
ART. 246. [238-A] Effect of a Petition for Cancellation of Registration. 188 A
petition for cancellation of union registration shall not suspend the proceedings for
certification election nor shall it prevent the filing of a petition for certification
election.
In case of cancellation, nothing herein shall restrict the right of the union to seek
just and equitable remedies in the appropriate courts.
ART. 247. [239] Grounds for Cancellation of Union Registration. 189 The
following may constitute grounds for cancellation of union registration:
(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, and 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;
(c) Voluntary dissolution by the members.
ART. 248. [239-A] Voluntary Cancellation of Registration. 190 The registration
of a legitimate labor organization may be cancelled by the organization itself:
Provided, That at least two-thirds of its general membership votes, in a meeting duly
called for that purpose to dissolve the organization: Provided, further, That an
application to cancel registration is thereafter submitted by the board of the
organization, attested to by the president thereof.
ART. 249. [240] Equity of the Incumbent. 191 All existing federations and
national unions which meet the qualifications of a legitimate labor organization and
none of the grounds for cancellation shall continue to maintain their existing affiliates
regardless of the nature of the industry and the location of the affiliates.
186 As amended by Sec. 3 of R.A. No. 9481 (2007).
187 Art. 239 has been renumbered as Art. 247.
188
As inserted by Sec. 4 of R.A. No. 9481 (2007).
189
As amended by Sec. 5 of R.A. No. 9481 (2007) which reduced to three the ten grounds for cancellation of union registration under the old Article 239.
190 As inserted by Sec. 6 of R.A. No. 9481 (2007).
191 The second paragraph of this article was repealed by Sec. 5 of E.O. No. 111
unions may disaffiliate only for the purpose of joining a federation or national union in the industry or region in which it properly belongs or for the purpose of operating as an independent
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