Practice question
A union says Article 256[245-A] immunizes it from every cancellation petition, even one based on independently proved statutory fraud in its officer-election documents. Which is correct?
- The provision eliminates all cancellation grounds.
- Any fraud allegation automatically proves cancellation without hearing.
- The employer may invent unlimited new grounds instead.
- The rule bars only the specified inclusion-based ground; a distinct statutory ground must still be evaluated through the proper process.
- Any employee outside a unit becomes eligible if fraud is alleged.
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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