2013 (Labor Law) Bar Exam Questions: Multiple Choice Question 12

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XII. Upon the expiration of the first three (3) years of their CBA, the union and the company commenced negotiations. The union demanded that the company continue to honor their 30-day union leave benefit under the CBA. The company refused on the ground that the CBA had already expired, and the union had already consumed their union leave under the CBA.

Who is correct? (1%)

(A) The company is correct because the CBA has expired; hence it is no longer bound to provide union leave.

(B) The company is correct because the union has already consumed the allotted union leave under the expired CBA.

(C) The union is correct because it is still the bargaining representative for the next two (2) years.

(D) The union is correct because union leaves are part of the economic terms and continue to govern until new terms are agreed upon.

(E) They are both wrong.

4 comments

    1. D rin ako, haha. Kasi nga nasa codal nga yan dun sa second phase, first phase mutual obligation to meet but not to make any concession, aftr there is a CBA 2nd phase which is to meet again for adjustments within a period before the expiration of the 3rd year and the third phase which will be the start all over again and this begins after the 5th year subject to exceptions such as the freedom period, when meron nag file for cert election during that period etc. Hindi ko na ma express concretely but the essence is when it comes to economic provisions of the CBA the process is continuous and hanggang walang bago na agreement you maintain the status quo ante. Kahit na nga after 5 years kahit may bago na representative ang bargaining unit but wala pa sila agreement with the employer the previous CBA still governs.

  1. I answered D on this one although a cba has a life span of 5 years the economic benefits may expire and renegotiated after three years, during such period of negotiation the terms of the old cba remains in effect (parang interim) however upon the completion of the negotiation the new CBA provision retroacts to the time of expiration, may case ako nabasa na ganito ang ruling. PERO pinagaaralan ko question my gut is telling me na E ang tamang sagot di ko alam bakit. hehehehe sana mali ang gut ko.

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