(Question XV, Labor Law, 2018 Bar Exam)
Nexturn Corporation employed Nini and Nono, whose tasks involved directing and supervising rank-and-file employees engaged in company operations. Nini and Nono are required to ensure that such employees obey company rules and regulations, and recommend to the company’s Human Resources Department any required disciplinary action against erring employees. In Nextum Corporation, there are two independent unions, representing rank-and-file and supervisory employees, respectively.
a) May Nini and Nono join a union? (2.5%)
b) May the two unions be affiliated with the same Union Federation? (2.5%)
(a) Yes. Answer
Under the Labor Code, supervisory employees shall not be eligible for membership in the collective bargaining unit of the rank-and-file employees but may join, assist or form separate collective bargaining units and/or legitimate labor organizations of their own. Rule
In the case at bar, Nini and Nono are supervisory employees. They may join, assist, or form a union for supervisory employees. However, Nini and Nono cannot join the union for rank-and-file employees. Apply
Thus, Nini and Non may join a union for supervisory employees, and not for rank-and-file employees. Conclusion
(b) Yes. Under the Labor Code, the rank-and-file union and the supervisors’ union operating within the same establishment may join the same federation or national union.
(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)
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