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Question
ACME Precision Tools, Inc. employs about 260 workers in a single bargaining unit consisting of production and packaging departments. After representation proceedings before the NLRC, United Workers Union is certified as the sole and exclusive bargaining agent (SEBA) for the unit for a two-year term. Six months into the SEBA term, ACME and United Workers Union sign a collective bargaining agreement covering all employees in the unit. A rival union, Sectoral Labor Alliance, challenges the SEBA status, asserting that the unit’s scope was broadened after certification to include two additional departments (Logistics and Maintenance) that were not properly included in the original unit, and that the post-certification expansion was not properly represented, among other alleged procedural irregularities in the election. (a) State the central doctrine of Sole and Exclusive Bargaining Agent and the controlling rule on its creation and scope for a bargaining unit. (b) During the term of SEBA, can its status be revoked or modified? If yes, what grounds and due-process steps are required for decertification or modification? (c) What remedies are available to Sectoral Labor Alliance and to the employer if SEBA is challenged or misused, and what is the effect on the existing CBA while the challenge is pending?