Question B.15, 2019 Labor Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

B.15.

(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.

..

(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.)

Share:

WhatsApp
Telegram
Facebook
Twitter
Subjects

Political Law, Labor Law

Question 3, 2017 Labor Law Bar Exam

III. (Question III, Labor Law, 2017 Bar Exam) A. Andrew Manning Agency (AMA) recruited Feliciano for employment by lnvictus Shipping, its foreign principal. Meantime, AMA

A. Due process

Frequency: ★★☆☆☆ 2 aspects of due process. Due process of law has two aspects: substantive and procedural. In order that a particular act may not

Question 9, 2017 Labor Law Bar Exam

IX. (Question IX, Labor Law, 2017 Bar Exam) Section 255 (245) of the Labor Code recognizes three categories of employees, namely: managerial, supervisory, and rank-and-file.

Question 3, 2018 Labor Law Bar Exam

III. (Question III, Labor Law, 2018 Bar Exam) Due to his employer’s dire financial situation, Nicanor was prevailed upon by his employer to voluntarily resign.

M. Quasi-offenses

Frequency: ★★★★★ 1. Imprudence and negligence a. Reckless imprudence RECKLESS IMPRUDENCE: Reckless imprudence consists in voluntary, but without malice, doing or falling to do an

N. Cybercrime Prevention Act of 2012

Frequency: ★★★★☆ “Access” – refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a

3. Interpretation of penal laws

Frequency: ★★★★☆ PRESUMPTION OF INNOCENCE: In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved. (Section 14[2], Article III, 1987

error: Content is protected.