Philippine Bar review · Question

Practice question: Determination of Constituency

Multiple Choice Medium

Practice question

A certified union represents an appropriate 120-person bargaining unit. Forty covered employees are not union members. For purposes of representation by the exclusive bargaining agent, what is their position?
  1. They are outside the unit solely because they did not join
  2. They must form a separate unit regardless of their duties
  3. They are represented as employees within the bargaining unit despite nonmembership
  4. They may be represented only by the employer
  5. They have no collective bargaining rights

Legal references

  • 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: bargaining-unit definition, community of interest, relevant factors and distinction from union membership.
  • https://lawphil.net/statutes/repacts/ra2007/ra_9481_2007.html — RA 9481, section 8: separate supervisory and rank-and-file bargaining units.

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