Philippine Bar review · Question

Practice question: Bystander Rule

Multiple Choice Easy

Practice question

Which activity is expressly within the employer’s limited statutory participation in certification-election proceedings?
  1. Choosing the winning union
  2. Vetoing the ballot choices
  3. Casting votes for absent employees
  4. Being notified or informed of the petition
  5. Requiring union officers to accept a management nominee

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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