Bulacan Medical Hospital (BMH) entered into a CBA with its Union, wherein it is expressly stipulated in the Management Prerogative Clause that BMH shall, in the exercise of its management prerogatives, have the sole and exclusive right to promulgate, amend and modify rules and regulations for the employees within the bargaining unit. A year after the contract was signed, BMH issued its Revised Rules and Regulations and furnished a copy thereof to the Union for dissemination to all employees covered by the CBA. The Union wrote BMH demanding that the Revised Rules and Regulations be first discussed with them before its implementation. BMH refused. So, the Union filed an action for unfair labor practice (ULP) against BMH.

(a) Is the Union correct?

(b) Assuming that the CBA was signed or executed before the 1987 Constitution was ratified, would your answer to the preceding question be different? (1994 BAR)