Philippine Bar review · Question

Practice question: Bystander Rule

Multiple Choice Hard

Practice question

Management submits a correct employee list but then seeks dismissal of the representation case solely to protect its favored union from competition. It argues that supplying evidence makes it a full party. Which is correct?
  1. Performing the list duty does not enlarge the employer’s limited role into a veto over representation
  2. List submission transfers workers’ selection rights
  3. The favored union becomes automatically certified
  4. Every information provider can block an election
  5. The bystander rule ends once management complies

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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