Philippine Bar review · Question

Practice question: Duty to Bargain

Multiple Choice Hard

Practice question

The employer is ready to negotiate with the recognized bargaining agent, but union officers categorically refuse every meeting because they say only employers owe the duty to bargain. No lawful excuse is asserted. What feature of the statutory duty answers that claim?
  1. Only employers have bargaining obligations
  2. It is a mutual obligation, and the Code also prohibits representative-union refusal to bargain
  3. A union may never owe any duty to its employer
  4. Recognition abolishes the union’s negotiating role
  5. All meeting requests require immediate concessions

Legal references

  • Labor Code, Articles 261-263 (formerly 250-252), bargaining procedure and mutual duty: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html

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