Labor Law, 2022 Bar — Question 7

ESSAY

Two legitimate labor organizations (Union Jack and Union Jill) are competing to become the first sole and exclusive bargaining agent (SEBA) in Maharlika Company. The unions agree to a consent election without involving the Bureau of Labor Relations (BLR). Union Jack garners an overwhelming majority of the valid votes cast during the consent election. Negotiation for a collective bargaining agreement (CBA) commences, and while this is ongoing, a third union, Union Jumble, files with the BLR a petition for certification election seeking certification as the SEBA in Maharlika Company. Union Jack opposes the petition, arguing that no petition for certification election can be filed within one year from the consent election, and during the CBA negotiation. Is Union Jack correct? Explain briefly. (5 points)

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