Philippine Bar review · Question

Practice question: Employees Outside the Bargaining Unit

Multiple Choice Hard

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?
  1. Yes, all fraud is excused whenever any outsider appears
  2. Yes, cancellation grounds were abolished in 2007
  3. No, the employer may simply cancel the certificate itself
  4. No; mere outsider inclusion is protected, but separately proved statutory fraud may support cancellation after due hearing
  5. 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.

Answer this question in flashcards to review your response and continue practicing.