Practice question
Under the bystander rule, may the employer oppose a legitimate labor organization’s petition for certification election as a party with a right to contest the employees’ choice?
- Yes, because it pays the salaries
- Yes, whenever it prefers another union
- No; the employer is not a party with a corresponding right to oppose that petition
- Yes, if it has more lawyers than the union
- Only if the petitioning union is newly registered
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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