(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%)
(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.)
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