Home›Bar Review›2013›Labor Law›Question XII
Question XII
XII. Upon the expiration of the first three (3) years of their CBA, the union and the company commenced negotiations. The union demanded that the company continue to honor their 30-day union leave benefit under the CBA. The company refused on the ground that the CBA had already expired, and the union had already consumed their union leave under the CBA.
Who is correct? (1%)
(a)(A) The company is correct because the CBA has expired; hence it is no longer bound to provide union leave.
(b)(B) The company is correct because the union has already consumed the allotted union leave under the expired CBA.
(c)(C) The union is correct because it is still the bargaining representative for the next two (2) years.
(d)(D) The union is correct because union leaves are part of the economic terms that continue to govern until new terms are agreed upon.
(e)(E) They are both wrong.
Model answer · ALAC
Answer — Legal basis — Application — Conclusion.
AI-drafted in ALAC form and AI-verified against landmark authorities — refined with every round of verification.