Practice question
In a pending representation case, UnionsA andB agree to hold an election in the appropriate unit, and the agreement is duly recorded. UnionA argues that signing the agreement itself proves it won, so the voting should be cancelled and it should immediately negotiate as the certified winner. Which is best?
- The agreement authorizes the election; it does not itself establish which choice receives the required electoral support
- Agreement to compete is equivalent to unanimous selection of UnionA
- The first union to sign always wins
- The employer must replace the voting with a board resolution
- All representation questions disappear when a hearing ends
Legal references
- DO40-03, consent election and conduct of elections; Lepanto GR157086: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/42246
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