2013 (Labor Law) Bar Exam Questions: Multiple Choice Question 2

[Read and answer/discuss the question below. Or go back to Labor Law Exam Instructions or the 2013 Bar Exam: Information, Discussions, Tips, Questions and Results; Jump to Labor Law Essay Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10; Multiple Choice Questions: 13, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18]

II. When there is no recognized collective bargaining agent, can a legitimate labor organization validly declare a strike against the employer? (1%)

(A) Yes, because the right to strike is guaranteed by the Constitution and cannot be denied to any group of employers.

(B) No, because only an exclusive bargaining agent may declare a strike against the employer.

(C) Yes, because the right to strike is a basic human right that the country’s international agreements and the International Labor Organization recognize.

(D) Yes, but only in case of unfair labor practice.

(E) No, in the absence of a recognized bargaining agent, the worker’s recourse is to file a case before the Department of Labor and Employment.

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