Philippine Bar review · Question

Practice question: Employees Outside the Bargaining Unit

Multiple Choice Easy

Practice question

Under RA 9481, what is the effect of including employees outside the bargaining unit as union members?
  1. The union’s registration is automatically cancelled
  2. The employer acquires ownership of the union
  3. The employees are automatically deemed removed from the union membership list; their inclusion alone is not a cancellation ground
  4. The employees acquire managerial authority
  5. All bargaining-unit employees lose their organizing rights

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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