Philippine Bar review · Question

Practice question: By Labor Organizations

Multiple Choice Medium

Practice question

Union officers attempt to procure discriminatory dismissal on grounds outside the usual membership conditions, but the employer refuses. The attempt is proved. Does refusal by the employer necessarily eliminate the union’s Article 260(b) issue?
  1. Yes, only the employer can ever commit a ULP
  2. Yes, every attempt is categorically exempt
  3. Yes, the union controls only successful acts
  4. Yes, discrimination is lawful if unsuccessful
  5. No

Legal references

  • Labor Code, Articles 259-260, 278-279 and 294 (formerly 248-249, 263-264 and 279), as applicable: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html

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