Practice question
A rank-and-file union inadvertently enrolls four genuine supervisors. The other members are eligible, and no fraud is alleged or proved. Management asks for cancellation solely because of the four enrollments. Which result is correct?
- Cancel the entire union immediately
- Treat all rank-and-file employees as supervisors
- Require the employer to approve every future membership
- Apply the statutory exclusion to the supervisors without cancelling registration solely for their inclusion
- Make the supervisors permanent eligible members because they already paid dues
Legal references
- https://lawphil.net/statutes/repacts/ra2007/ra_9481_2007.html — RA 9481, sections 3, 5, 8–9: exclusive cancellation grounds, supervisory-unit separation and effect of outside-unit membership.
- https://lawphil.net/judjuris/juri2022/aug2022/gr_197089_2022.html — Asian Institute of Management Faculty Association v. Asian Institute of Management, G.R. 197089 and 207971, August 31, 2022, main decision: disqualified members, inclusion-exclusion and registration cannot be collaterally attacked.
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