Log In Create Account

Philippine Bar review · Question

Practice question: Assumption of Jurisdiction or Certification of Disputes in Industries of National Interest

Multiple Choice Hard

Practice question

A party invokes a signed but expressly unratified proposed CBA as a conclusive bar to the Secretary’s reasonably connected fact-finding measure. As in UIC, the required bargaining-unit ratification has not occurred. Which is best?
  1. Do not assume the proposed machinery is an effective CBA merely from the signatures; assess the ratification and actual legal setting.
  2. Every signed draft is conclusively a fully effective CBA for this purpose.
  3. Ratification can never matter.
  4. UIC permits ignoring every valid subsisting CBA.
  5. Any draft automatically withdraws all acquired jurisdiction.

Legal references

  • University of the Immaculate Conception v. Office of the Secretary of Labor, G.R. Nos. 178085-178086, September 14, 2015, main decision: https://lawphil.net/judjuris/juri2015/sep2015/gr_178085_2015.html

Answer this question in flashcards to review your response and continue practicing.