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?
- They are outside the unit solely because they did not join
- They must form a separate unit regardless of their duties
- They are represented as employees within the bargaining unit despite nonmembership
- They may be represented only by the employer
- 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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