Philippine Bar review · Question

Practice question: Consent Election

Multiple Choice Hard Jurisprudence

Practice question

Eligible employees participate in a duly administered consent election. A losing union says that because the parties voluntarily agreed to vote, the result can never have any representation-election bar effect and a new petition may always be filed the next morning. Which is best?
  1. Voluntary agreement necessarily eliminates every legal effect
  2. The rules recognize bar effects for qualifying consent-election results, so the blanket assertion is incorrect
  3. Only employer-appointed representatives can create a bar
  4. Every private show of hands creates a permanent bar
  5. A consent result forever prohibits every later representation case

Legal references

  • DO40-03, RuleVIII Section23 and applicable election-bar rules: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/42246

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