Practice question
A union has 100 members in the bargaining unit. In a properly called secret-ballot strike vote, 40 vote yes and 10 vote no; the other 50 do not vote. Does approval satisfy Article 278(f)?
- Yes, because every majority of votes cast is sufficient.
- Yes, because 40 is more than 10.
- Yes, because nonvoters count as affirmative votes.
- Yes, because only officers must approve.
- No; the statute requires approval by a majority of the total union membership in the bargaining unit.
Legal references
- Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Articles 219(o)–(p) and 278–279.
- Bigg’s Inc. v Boncacas, G.R. Nos. 200487 and 200636, March 6, 2019, strike notice, vote and reporting periods: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/14/65274
- SSS Employees Association v Court of Appeals, G.R. No. 85279, July 28, 1989, civil-service employees’ strike prohibition: https://lawphil.net/judjuris/juri1989/jul1989/gr_85279_1989.html
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