Flashcards Studio

Scenario: At Plant Delta, a BLR Field Office certifies Union Sigma as the exclusive bargaining representative for a production-unit that includes casuals and temporary agency workers. The unit petition had cleared only permanent production workers and explicitly excluded casuals/temps. The Employer challenges the certification before the NLRC, arguing that the BLR officer acted beyond the scope of authority by (i) certifying a unit not cleared in the petition and clearance, and (ii) including workers outside the petitioned unit. The certification is relied upon to recognize Union Sigma and to begin negotiations, culminating in a CBA that the Employer later contends is void if the certification is invalid. (a) Identify the controlling doctrine governing the BLR official’s authority to certify a bargaining representative. (b) If the BLR official acted beyond the scope of authority, is the BLR bound by the certification under actual, apparent, or implied authority, or by agency by estoppel or ratification? (c) What is the effect on the parties if the certification is later found void or voidable, particularly with respect to the validity and enforceability of the subsequent CBA?