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?
- The allegation automatically gives management party status and cancels registration
- The employer may bar every union whenever one member’s status is disputed
- 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
- The employer must choose a different union instead
- 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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