Law Dictionary

Question B.15, Labor Law, 2019 Bar Exam

Notice: The following suggested answers simulate those that a bar examinee may provide as an answer to a bar exam question. Thus, specific citations (i.e., republic acts, articles/sections, jurisprudence, etc.) are not provided because it is not required in the bar exam. For purposes other than answering the bar exam, please be reminded that proper referencing or legal citation is required.

Question B.15, Labor Law, 2019 Bar Exam

On December 1, 2018, GHI Co., an organized establishment, and Union J, the exclusive bargaining agent therein executed a five (5)-year collective bargaining agreement (CBA) which, after ratification, was registered with the Bureau of Labor Relations.

(a) When can the union ask, at the earliest, for the renegotiation of all terms of the CBA, except its representation aspect? Explain. (2.5%)

(b) When is the earliest time that another union can file for a petition for certification election? Explain. (2.5%)

Suggested Answer:

(a) Except for the representation aspect, all other provisions of the Collective Bargaining Agreement shall be renegotiated not later than three (3) years after its execution.

(b) At least sixty (60) days immediately preceding the date of expiry of the five-year term of the Collective Bargaining Agreement, is the earliest time that another union can file for a petition for certification election.

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

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