Philippine Bar review · Question

Practice question: Determination of Constituency

Multiple Choice Hard

Practice question

A school has teachers and maintenance workers. The teachers’ professional duties, schedules and salary determination substantially differ from those of the maintenance workers. The employees also have a history of separate bargaining. A proposal for a single unit rests only on their common employer. Which analysis is best?
  1. A common employer conclusively requires one unit
  2. Different job titles always require separate units without inquiry
  3. The union’s corporate name conclusively defines the unit
  4. Evaluate the substantial differences and bargaining history under the community-of-interest test; common employment alone is insufficient
  5. Separate units are lawful only if the employer requests them

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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