Practice question
An employer lawfully initiates a certification-election petition in a situation authorized by law. It then claims that filing the petition entitles it to oppose one union and campaign for another within the proceeding. What is correct?
- Filing automatically makes it a bargaining-unit employee
- It may control the proceeding because it paid the filing expense
- The bystander rule applies only to petitions filed by unions
- Even when it files the petition, it has no corresponding right to oppose as a party; lawful initiation does not create partisan control
- It becomes the exclusive bargaining representative until the vote
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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