Philippine Bar review · Question

Practice question: Bystander Rule

Multiple Choice Medium

Practice question

An organized workplace’s employer claims bystander status applies only where there is no incumbent union. Is that reading consistent with RA9481?
  1. No; the text includes organized establishments
  2. Yes; incumbency always grants full employer party status
  3. Yes; incumbent management chooses the unions
  4. Yes; organized employees lose free choice
  5. Yes; the rule excludes all organized workplaces

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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