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Practice question: Employees Outside the Bargaining Unit

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Practice question

A union mistakenly enrolls outside-unit employees. In a proper direct proceeding, however, evidence also proves that its officers fabricated the constitution-ratification minutes and list of participating members. Explain whether the outsider rule necessarily defeats cancellation.

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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