I.

1. YES. Art 246, a pet for cancellation of union registration shall not suspend the
proceedings for certification election nor shall it prevent the filing of a petition for
certification election
2. NO. pet for cancellation will not prosper because inclusion of ineligible members does
not constitute as a ground for cancellation of union registration under Art. 249 of the LC

II.
1. YES. A bargaining unit is a group of all or less than all the entire body of employees in
the employer unit of any specific geographical grouping within such employer unit. To
be considered as an appropriate bargaining unit, there must be a commonality of
interest in terms of manner of payment, benefits, status of employment and collective
bargaining history. In the case at bar, X, Y, Z are subsidiary companies whose workers
are rotated each month. We can imply from this, that they have the mutual interest
2. YES. The test in determining an appropriate bargaining unit is that 1st, they must have
mutuality of interest in terms of employment and working conditions, meaning they
have similar employment status and same duties and responsibilities. 2 nd, it must be
determined based on the desire of the workers to be considered as 1 ABU. And lastly,
they must have the same status of employment.

III.

IV.

V.
1. NO. The votes casted still did not reach the majority of votes. Applying the double
majority rule.
2. Yes. Art 272- any party to an election may appeal the order or results of the election as
determined by the Med-Arbiter directly to the SOLE on the ground the rules &
regulation for the conduct of the election have been violated. SALFA as party to the
election, may therefore appeal.

VI.
A. Yes. SMC v Laguesma, Paopao falls under the category of confidential employee. Kasi
boss niya Personnel Manager, so doctrine of necessary implication, regardless if driver
siya
B. No. Art. 256 inclusion of ineligible membes are automacally removed.
C. NO. Art 241, 20% requirement is not required in the creation of a local charter. (20% is
only required in ILO)
D. NO, legitimacy of legal personality of a LU cannot be collaterally attacked, must be filed
in a separate action
E. YES. Art 247, grounds for cancellation union registration is misrepresentation, false
statement, and fraud in the CBL and list members who took part in the ratification