Philippine Bar review · Question

Practice question: Employees Outside the Bargaining Unit

Multiple Choice Medium

Practice question

Supervisors excluded from a rank-and-file unit establish their own legitimate supervisory union. Both unions want to join the same federation. Is that affiliation alone prohibited?
  1. Yes, because every federation may have only one occupational category
  2. No; separate rank-and-file and supervisory unions in the same establishment may join the same federation or national union
  3. Yes, because supervisors cannot organize
  4. No, and affiliation automatically merges their bargaining units
  5. Only if management chooses their federation

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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