Philippine Bar review · Question

Practice question: Commingling or Mixed Membership

Multiple Choice Medium

Practice question

A rank-and-file union's list includes employees established to be outside its bargaining unit. No separate statutory cancellation ground is proved, and the remaining union satisfies applicable requirements. Which result follows?
  1. Cancel the registration automatically.
  2. Apply the membership-removal rule rather than cancel solely for the inclusion.
  3. Grant the outsiders every rank-and-file vote.
  4. Convert all employees into supervisors.
  5. Let the employer choose which union remains.

Legal references

  • RA 9481 Sections 1–5,8–9; Labor Code amendments on registration and membership: https://lawphil.net/statutes/repacts/ra 2007/ra_9481_2007.html — Sections 8–9; Labor Code, DOLE consolidated 2022 edition, specified articles: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf — Articles 255[245],256[245-A],247[239].

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