Philippine Bar review · Question

Practice question: Bystander Rule

Multiple Choice Medium

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?
  1. Filing automatically makes it a bargaining-unit employee
  2. It may control the proceeding because it paid the filing expense
  3. The bystander rule applies only to petitions filed by unions
  4. Even when it files the petition, it has no corresponding right to oppose as a party; lawful initiation does not create partisan control
  5. 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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