Practice question
A duly selected exclusive bargaining agent exists. An individual covered employee wants to present a workplace grievance directly to the employer. Does exclusive representation itself eliminate that statutory right?
- Yes, because only union officers may ever speak to management
- Yes, unless the employer dissolves the union
- No; the Labor Code expressly preserves an individual employee’s or group’s right to present grievances
- No, and the individual thereby replaces the exclusive bargaining agent
- Yes, whenever the employee is a nonmember
Legal references
- https://lawphil.net/statutes/repacts/ra1989/ra_6715_1989.html — RA 6715, section 22, amending Labor Code Article 255: majority-selected exclusive representation and individual or group grievances.
- https://lawphil.net/statutes/repacts/ra2007/ra_9481_2007.html — RA 9481, sections 1–2 and 11: union legal personality and certification election in an unorganized establishment.
- https://dole.gov.ph/labor-advisory/ — Official DOLE index, Labor Advisory 07 s. 2026: discontinuance of requests and processing for SEBA certification under Rule VII of DO 40-03, as amended.
- https://normlex.ilo.org/dyn/nrmlx_en/f?p=NORMLEXPUB%3A13101%3A0%3A%3ANO%3A%3AP13101_COMMENT_ID%3A2319046 — Official ILO record reproducing the Philippine Government’s account of the final CA ruling and April 29, 2026 discontinuance of direct SEBA certification; used for that historical cutoff change.
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