Practice question
A certification election has been ordered. Management sends the employee list as directed, then demands that only its preferred union remain on the ballot because that union promises fewer grievances. It argues that compliance with the list requirement makes it a full litigating party. What is the correct distinction?
- Providing the list gives management a right to choose the ballot
- The list submission is permitted limited participation, but it does not create a right to oppose rival unions or determine the employees’ representative
- A promise of fewer grievances automatically confers SEBA status
- Management must withhold the list to remain neutral
- The employer may vote on behalf of all nonmembers
Legal references
- https://lawphil.net/statutes/repacts/ra2007/ra_9481_2007.html — RA 9481, section 12, inserting Labor Code Article 258-A: employer as bystander and limited participation.
- https://lawphil.net/judjuris/juri2013/jul2013/gr_179146_2013.html — Holy Child Catholic School v. Sto. Tomas, G.R. 179146, July 23, 2013, main decision: employees’ free selection, employer opposition and collateral attacks.
- https://lawphil.net/judjuris/juri2022/aug2022/gr_197089_2022.html — Asian Institute of Management Faculty Association v. Asian Institute of Management, G.R. 197089 and 207971, August 31, 2022, main decision: employer interference and disputed employee eligibility.
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