Practice question
A registered rank-and-file union petitions for certification election. The employer responds that three members actually exercise supervisory powers and therefore the union never legally existed. Their status is disputed; no cancellation order exists. What is the proper legal approach?
- Accept the employer’s allegation as automatic cancellation
- Treat registration as immune from every direct statutory cancellation proceeding
- Resolve individual eligibility through the proper inclusion-exclusion process; do not collaterally destroy registered status merely through the election opposition
- Let the employer cast the disputed employees’ ballots
- Prevent every eligible employee from voting until management approves
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.
Answer this question in flashcards to review your response and continue practicing.