Philippine Bar review · Question

Practice question: Bystander Rule

Multiple Choice Hard

Practice question

An employer receives notice in an organized workplace and invokes both facts as grounds to contest a union solely because the union’s platform is expensive. No statutory exception or independent proceeding is identified. Which analysis follows the bystander rule?
  1. Neither organization nor notice grants a right to oppose employee choice on that basis
  2. Organized status creates an employer veto
  3. Notice confers full adversarial participation
  4. Expensive proposals automatically invalidate registration
  5. The employer may replace the ballot with a cost ranking

Legal references

  • RA9481 Sections2,9,11–12: https://lawphil.net/statutes/repacts/ra2007/ra_9481_2007.html Section12 bystander rule.
  • Holy Child Catholic School v Sto Tomas GR179146 July23,2013 MAIN: https://lawphil.net/judjuris/juri2013/jul2013/gr_179146_2013.html
  • AIM Faculty Association v AIM GR197089/207971 August31,2022 MAIN: https://lawphil.net/judjuris/juri2022/aug2022/gr_197089_2022.html

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