Philippine Bar review · Question

Practice question: Definition and Concept

Multiple Choice Medium Jurisprudence

Practice question

A union alleges ULP solely because a payroll clerk made an isolated arithmetic mistake. The mistake was promptly corrected; there is no anti-union connection, bargaining violation, or other statutory ULP fact. What follows?
  1. Every payroll mistake is automatically ULP.
  2. Correction creates conclusive proof of union busting.
  3. The union need not identify any prohibited conduct.
  4. The stated facts do not establish ULP merely because a payroll error occurred.
  5. The worker forfeits every possible employment remedy.

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 258–260, 274–275.
  • 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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