Philippine Bar review · Question

Practice question: Commingling or Mixed Membership

Multiple Choice Hard

Practice question

A union mistakenly includes several outside-unit workers. Management itself stamps the certificate cancelled, orders the affected workers dismissed and stops the election solely on its own cancellation petition. No independent dismissal or cancellation ground is established. Which is correct?
  1. The statute provides neither automatic cancellation nor job dismissal, and the petition alone does not suspend the election
  2. Every act is automatic upon mixed membership
  3. Management may issue the Bureau’s cancellation decision
  4. Membership correction eliminates due hearing
  5. Any petition conclusively establishes all alleged facts

Legal references

  • RA9481 Sections3–5 and9, mixed membership and cancellation: https://lawphil.net/statutes/repacts/ra2007/ra_9481_2007.html

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