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Question 18

2025 Bar · Labor Law · 1 sub-question

18. X, an employee of DEF Company, openly criticized the incumbent exclusive bargaining representative of the rank-and-file employees, ABC Union, for its alleged weak leadership. On June 10, 2025, X, together with her co-employees, formed and registered XYZ Union to challenge ABC Union. Meantime, a Collective Bargaining Agreement (CBA) between ABC Union and DEF Company was executed, effective for five years beginning August 1, 2025. On September 1, 2025, X and her co- employees, through their newly formed union, challenged ABC Union to submit to a certification election. Is the action of XYZ Union correct? Reason(s).

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