Philippine Bar review · Question

Practice question: Employees Outside the Bargaining Unit

Multiple Choice Easy

Practice question

May genuine supervisory employees be members of the rank-and-file collective bargaining unit?
  1. Yes, whenever their salaries are close
  2. Yes, if they promise not to supervise during meetings
  3. No, but they may form or join a separate supervisory bargaining unit or legitimate organization
  4. No, and they can never organize in any form
  5. Yes, whenever the employer 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.

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