Effects of the merger of employer

Issues:
WON, the surviving corporation must absorbed the employees of the non-surviving
corporation.
WON, the CBA provision of the Non-Surviving Corporation on separation pay for
employees, which are terminated by reason of redundancy, should be followed by the
surviving corporation.
WON, the absorbed employees should be treated as new employees of the surviving
corporation.
WON, there is a gap in the law governing the effects of the merger of employer to its
employees.
WON, there is a need to revisit the doctrine laid down in the case of BPI employees vs BPI
as to the effect of the Union Shop agreement.
For research:
1.Juris and amjur and intl case on mergers
2. Labor as a contract with public interest
3. Juris on social justice
4. consti provision on importance of labor
5. Meaning of Operation of Work
6.Management prerogative
7. Freedom of the parties to stipulate on the CBA
8.Cases of redundancy
9. Cases on the rule of presumption in favor of labor.
10.Definition of the assets and liabilities of the corporation.
11.Nature of an employment contract
12.Legal Consequences of Merger/Consolidation
13.Nature and history of industrial peace
14. State policy on labor law.
15.Retiremement benefits
16. Separation pay doctrines
17. Corporate Assets and Employment Contracts
18.Piercing the corporate veil
19.
Proposal:
1. Mandatory assumption of employment contracts of the employees of the non-surviving
corporation.
2. Creation of the sui generis class of employee
3. Applicability of the CBA of the non-surviving corporation to the separation pay of
terminated employees by reason of redundancy.
4. The CBA of the employees of the Non-surviving corporation shall govern them until a
new CBA is agreed upon by the Certified bargaining agent and the Employer.
5. Reversal of the doctrine laid down in the case of BPI as far as the applicability of the
Union security clause is concern.
6. Extension of the application to case of Consolidation of the Employers.