Practice question
In a current case, management proves that a rank-and-file union mistakenly included supervisors. It seeks cancellation solely because of the mixture and relies on older statements treating mixed membership as fatal. No fraud or other independent ground is established. Which analysis is correct?
- Every older statement overrides the current statute.
- Supervisors become rank-and-file members through the mistake.
- The current removal-and-noncancellation rule governs the stated inclusion, while the proper separation remains enforceable.
- The union must be cancelled without hearing.
- All membership eligibility restrictions have been repealed.
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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