Practice question
An employer faces a timely representation petition filed during the proper freedom period. While it is pending, the employer and incumbent register a renewal and contend that registration automatically destroys the already pending representation case. Which is best?
- Every later registration conclusively defeats a pending petition
- The incumbent may eliminate a petition by choosing a title
- The employer’s preference alone resolves representation
- The applicable early-agreement rule protects the representation case from being adversely affected by the intervening registration
- A pending case never has any procedural protection
Legal references
- DO40-03, RuleVIII Section24, effects of early agreements: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/42246
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