Practice question
The Med-Arbiter acts favorably on a certification-election petition and directs submission of the employee list at the pre-election conference. Management refuses, claiming that being a bystander means it has no duty to provide information. Is that correct?
- Yes, bystander status prohibits every form of participation
- Yes, unless the union pays for the list
- No; submitting the employee list in the statutory pre-election setting is part of its limited participation
- No, because submission makes the employer a union voter
- Yes, because only the employer may select the voters privately
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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