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Dear Mr.

Dela Cruz:

The majority union can no longer exercise the dismissal because the maintenance membership
clause covers only those who were provisions of the maintenance of membership clause, they can
file a petition to terminate. Since the
CBA constituted
Left the union
May exercise such right exercise within the terms of the CBA
There exist a right of hte labor union that seeks th e dismissal
However, the case is silent regarding the terms of the CBA, the law provides that the terms of the
CBA is five yeras.

Dear Mr. Dela Cruz:

My apologies for the vague answer. Yes, I can object to the petition of the federation because
according to the facts given, there is no contract of affiliation between the Federation and Walde
rank and file union. Because there is no principal and agent relationship, the federation may not act
as the agent and therefore cannot file a petitioon with the Bureau of Labor Relations (BLR).

Furthermore, the labor code provides under Sec. 250(d) that the members shall determine any
question of major policy affecting the entire membership of the organization. In this case, there is a
move by a federation that will subject the independent union, Walde to affiliate with the federation,
which for me is a major policy involving the union and its members.

As the Bureau of Labor Relations, I will dismiss the petition. The BLR is authorized to hear and decide
representation cases, inter-union or intra-union disputes and other related relations dispute except
cancellation of union registration cases. The circumstances does not involve any of the
aforementioned, as what is involved is a petition by the federation for the independent union to be
affiliated with the federation. It is clear that it does not involve inter-union, intra-union or other
related disputes because there is no contract of affiliation between them. Therefore, the BLR has no
jurisdiction and cannot decide over the matter.

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