Practice question
Union A is lawfully certified after winning the required majority in a valid election for a defined unit. Union B later shows management that many workers attended its recruitment meeting. No lawful proceeding has displaced A. Management proposes simultaneous collective bargaining with each union only for its own members. Which response is correct?
- Meeting attendance automatically displaces A
- Management may divide the existing bargaining constituency by union membership at will
- A represents only those who voted for it
- A remains the exclusive bargaining representative of the unit unless displaced through the lawful process; B’s meeting attendance alone does not authorize competing member-only bargaining
- Both unions automatically become joint exclusive agents
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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