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Practice question: Employees Outside the Bargaining Unit

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Practice question

A registered rank-and-file union discovers that two genuine supervisors were mistakenly accepted as members. The employer seeks cancellation solely on that fact. Explain the effect on those employees and the union.

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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