Practice question
Workers on two shifts perform the same production tasks under substantially similar pay and working conditions. One group opposes a proposed combined unit solely because it works at night. What is the sound approach?
- Treat the shift label as conclusively requiring separate units
- Examine community of interest and the other relevant factors; the shift difference alone is not conclusive
- Let management choose which union should win
- Require identical take-home pay before any combined unit is possible
- Exclude the night workers from all collective bargaining
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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