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?
- A common employer conclusively requires one unit
- Different job titles always require separate units without inquiry
- The union’s corporate name conclusively defines the unit
- Evaluate the substantial differences and bargaining history under the community-of-interest test; common employment alone is insufficient
- 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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