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Ardent Plastics, Inc. employs 320 workers. Management creates an employer-controlled body called the “Employee Development Forum” (EDF) and designates its leadership; EDF meetings are held on company premises during working hours and it proclaims itself the only legitimate workers’ association. A separate organization, the “Alliance of Workers’ Union” (AWU), forms with 76 members to press for collective bargaining. The company refuses to recognize AWU and begins transferring AWU members to less favorable shifts. Analyze: (a) Identify the controlling doctrine governing unions, workers’ associations, and legitimate workers’ associations under Philippine law. (b) Distinguish AWU (a union) from EDF (an employer-created forum); explain the criteria for when a workers’ association is legitimate and not a device to bypass union rights. (c) Apply to the facts: Is EDF a legitimate workers’ association? Are the company’s actions an unfair labor practice or interference with the right to self-organization? What remedies are available to AWU and the workers?

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Clara

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