Practice question
After a union submits bargaining proposals, management says it will never meet with the duly authorized bargaining representative because it prefers individual arrangements. The duty to bargain is otherwise established. Management argues that the Code cannot require it to accept the union’s proposal, so it may refuse all meetings. Which is correct?
- The absence of a duty to agree does not excuse refusing the required good-faith bargaining process.
- The absence of a duty to agree abolishes the duty to bargain.
- Individual contracts always displace the certified representative.
- Every rejected union proposal is itself ULP.
- The union can require acceptance of every demand.
Legal references
- Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Articles 259, 262-263 and 274.
- Adamson University Faculty and Employees Union v Adamson University, G.R. No. 227070, March 9, 2020, ULP proof and organizing nexus: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/18/66229
- Philippine Airlines v Dawal, G.R. Nos. 173921 and 173952, February 24, 2016, gross economic CBA violations: https://lawphil.net/judjuris/juri2016/feb2016/gr_173921_2016.html
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