Philippine Bar review · Question

Practice question: Bystander Rule

Multiple Choice Hard

Practice question

A registered union petitions for certification election. Management files a motion to dismiss, arguing solely that several alleged supervisors signed the union’s papers. Their functions are disputed, and no cancellation order exists. Management says protecting its organizational structure gives it a right to block the election. Which analysis is best?
  1. The allegation automatically gives management party status and cancels registration
  2. The employer may bar every union whenever one member’s status is disputed
  3. The employer is a bystander; disputed eligibility belongs in the proper inclusion-exclusion inquiry and cannot be used for this collateral attack on registered legitimacy
  4. The employer must choose a different union instead
  5. The disputed employees automatically become eligible because management lacks standing

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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