Practice question
A union’s list contains a few employees outside its bargaining unit. An inquiry separately establishes falsified constitution-ratification minutes and a knowingly fabricated list of ratifying members, within the cancellation grounds specified by law. The union invokes RA 9481’s outside-membership rule as complete immunity. Is it correct?
- Yes, all fraud is excused whenever any outsider appears
- Yes, cancellation grounds were abolished in 2007
- No, the employer may simply cancel the certificate itself
- No; mere outsider inclusion is protected, but separately proved statutory fraud may support cancellation after due hearing
- No; all members automatically become managerial employees
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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