2014 (Labor Law) Bar Exam Questions: Question 16

[Answer/discuss the question below. Or see 2014 bar exam Labor Law Instructions; 2014 Labor Law essay and multiple choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27; See also 2014 Bar Exam: Information, Discussions, Tips, Questions and Results]

XVI.

Samahang East Gate Enterprises (SEGE) is a labor organization composed of the rank-and-file employees of East Gate Enterprises (EGE), the leading manufacturer of all types of gloves and aprons.

EGE was later requested by SEGE to bargain collectively for better terms and conditions of employment of all the rank-and-file employees of EGE. Consequently, EGE filed a petition for certification election before the Bureau of Labor Relations (BLR).

During the proceedings, EGE insisted that it should participate in the certification process. EGE reasoned that since it was the one who filed the petition and considering that the employees concerned were its own rank- and-file employees, it should be allowed to take an active part in the certification process.

Is the contention of EGE proper? Explain. (5%)

One comment

  1. No. The contention of EGE is bereft of merit and contrary to the doctrine of BYSTANDER RULE. It is enough that the employer is notified about the certification election but not in actively participating in the certification election.

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