Philippine Bar review · Question

Practice question: Bystander Rule

Multiple Choice Easy

Practice question

What policy supports the bystander rule?
  1. The bargaining agent should owe loyalty to management
  2. Employees should choose their representative free from extraneous management influence
  3. Employers must never receive any notice of proceedings
  4. Only company-funded unions should compete
  5. The employer must decide which workers may organize according to personal preference

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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