Philippine Bar review · Question

Practice question: Union; Workers’ Association; Legitimate Workers’ Association

Multiple Choice Hard Jurisprudence

Practice question

Workers at a shipyard create a registered association to fund burial assistance, explain workplace rights, and represent members in lawful welfare matters other than collective bargaining. Management seeks cancellation solely because all members have definite employers and could have organized a union instead. No fraud or other cancellation ground is established. Which conclusion follows from Hanjin?
  1. The stated reason does not invalidate their choice of a workers’ association.
  2. The possibility of forming a union requires cancellation.
  3. The association becomes the certified bargaining representative automatically.
  4. Its members lose their right to organize once hired.
  5. Only unemployed people may receive mutual aid.

Legal references

  • DOLE Department Order 40-03, RulesI–III definitions and registration, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/42246
  • Samahan ng Manggagawa sa Hanjin Shipyard v BLR, G.R. 211145, October 14 2015, main opinion: https://lawphil.net/judjuris/juri2015/oct2015/gr_211145_2015.html
  • Labor Code, DOLE consolidated 2022 edition, specified articles: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Article 253 and organizational definitions.

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