LABOR RELATION

and ORGANIZATION

(HRDM 8)
Labor Relations:

Semi-Finals start
here…
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
2. Certification Election:
>Refers to the process of determining through secret ballot the SEBA of the employees in
an appropriate CBU for purposes of collective bargaining with the employer.
>A certification election is conducted only upon the order of the Med-Arbiter of the BLR.
>It is the most democratic method of determining the choice of the employees of their
bargaining representative. It is held to ensure that the employees are properly
represented in the exercise of their right to collective bargaining with their employer
>It is not a litigation proceeding in the sense in which this term is commonly understood. It
is a mere investigation of a non-adversary fact-finding character in which the DOLE plays
the part of a disinterested investigator seeking merely to ascertain the desire of the
employees as to the matter of determining which labor organization will represent the
employees in their collective bargaining with the employer.
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
Parties that may file a Petition for Certification Election (PCE):
>A PCE may be filed by:
a. Any legitimate labor organization, including:
a.1 A national union or federation that has issued a charter certificate to its local
chapter/chartered local. The former is filing the PCE for and on behalf of the latter; or
a.2 The local chapter/chartered local itself which has been issued a charter certificate by
the national union or federation; or
a.3 An independent registered union
b. An employer, when requested to bargain collectively in a bargaining unit where there no
registered CBA exists.
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
>Legitimacy requirement - the Labor Code requires that in both organized and
unorganized establishments, a PCE must be filed by a legitimate labor organization. The
acquisition of rights by any union or labor organization, particularly the right to file a PCE,
first and foremost, depends on whether or not the labor organization has attained the status
of a legitimate labor organizations.
>When employer may file a PCE – when requested to bargain collectively, an employer
may petition the BLR for a certification election. If there is no existing SEBA in the unit,
the Med-Arbiter of the BLR, after hearing, order a certification election.
>All certification cases shall be decided within twenty (20) working days.
>The BLR shall conduct a certification election within 20 days in accordance with the rules
and regulations prescribed by the DOLE Secretary.
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
>Role of employer as bystander – In all cases, whether the PCE is filed by an employer or a
legitimate labor organization, the employer shall not be considered a party thereto with a
concomitant right to oppose the PCE. The employer’s participation in such proceedings
shall be limited to (1) being notified or informed of petitions of such nature, and (2)
submitting the list of employees during pre-election conference.
>Where to file the PCE – a PCE should be filed with the DOLE Regional Office which
issued the petitioning union’s certificate of registration or certificate of creation of
chartered local. The PCE shall be heard and resolved by the Med-Arbiter.
>Labor Officials involved in elections:
a. Mediator-Arbiter hears and resolve PCEs – the PCE is heard and resolved by the Med-
Arbiter according to the rules provided in the Labor Code.
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
b. Election officer:
>the actual certification election is conducted by the Election Officer who is an officer of
the BLR or the Labor Relations Division in the DOLE Regional Office authorized to
conduct:
b.1 Certification, consent, run-off or re-run elections;
b.2 Election of union officers; and
b.3. Other forms of elections and referenda.
>Certification election in 2 kinds of establishments:
>Generally, certification election may be conducted in 2 kinds of establishments, namely:
1) Unorganized establishments (Article 269 [257]); and
2) Organized establishments (Article 268 [256]).
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
Certification Election in Unorganized Establishment:
>In case involving a PCE filed by a legitimate labor organization in an establishment where
there is no certified SEBA, hence, unorganized, Article 269 (257) is clear that the Med-
Arbiter should automatically conduct a certification election upon the filing of the PCE.
>The conditions and limitations that are required to be observed in the filing of PCEs in
organized establishment do not apply to certification elections in unorganized
establishment.
>Certification Election in Organized Establishments:
>Requisites:

1) That a PCE questioning the majority status of the incumber bargaining agent is filed
before the Med-Arbiter within the 60-day freedom period;
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
2. That such PCE is verified; and
3. That the PCE is supported by the written consent of at least 25% of all the employees in
the SBU.
First Requisite: Filing of the PCE within the 60-day freedom period. – It is only during the
60-day freedom period that a PCE may be filed by a challenging union. It cannot be a day
before or after this period.
>If it is filed a day earlier, then it is considered prematurely filed; if it is a day after, then it
is considered belatedly filed. The 60-day period is strictly observed in determining the
validity of the PCE.
Second Requisite: the PCE is required to be in writing and verified under oath by any of
the following:
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
1. By the president petitioning labor organization, if filed by the independent union or
local chapter/chartered local;
2. By the president or duly authorized representative of the federation or national union, if
filed by federation or national union, in behalf of its local chapter or affiliate; or
3. By the president or any corporate officer who is authorized by the Board of Directors, if
filed by the employer.
>The minimum number of at least 25% of the employees in the CBU mentioned In the law
need not verify the PCE. What is required is merely to attach to the verified PCE the
signatures of said number of employees.
Third Requisite: the PCE should be supported by written consent of at least 25% of all
employees in the CBU.
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
a. Purpose of the 25% of written support. The reason behind the 25% requirement is to
ensure that the petitioning union has a substantial in the interest representation
proceedings and that a considerable number of workers desire their representation by the
said petitioning union for collective bargaining purposes. Hence, it becomes mandatory
for the Med-Arbiter to order the holding of the certification election upon showing that
25% of the workers in the bargaining unit signify their support to the PCE.

>The minimum number of at least 25% of the employees in the CBU mentioned in the law
need not verify the PCE. What is required is merely to attach to the verified PCE the
signatures of said number of employees.
>The 25% written consent requirement is relevant if it becomes mandatory to hold a
certification election. In all other instances, discretion should ordinarily be exercised in
favor of holding a certification election.
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
Denial of the PCE:
>The Med-Arbiter may dismiss the PCE on any of the following grounds:
a. The petitioning union or national union or federation is not listed in the DOLE’s registry
of legitimate labor unions or that its registration certificate has been cancelled with
finality;
b. Failure of a local chapter/chartered local or national union/federation to submit a duly
issued Carter Certificate upon filing of the PCE;
c. In an organized establishment, the failure to submit the 25% consent signature
requirement to support the filing of the PCE;
d. Non-appearance of the petitioner for two (2) consecutive scheduled conferences before
the Med-Arbiter despite due notice; and
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
Denial of the PCE:
d. Absence of employer-employee relationship between all the members of the
petitioning union and the establishment where the proposed CBU is sought to be
represented.
The Double Majority Rule:
Purpose of the rule – The process of certification election requires the application for the
double majority rule for the following twin purposes:
1. To have a valid certification election; and
2. To declare the winning union that will be certified as SEBA.
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
First Majority – to be a valid certification election, at least majority of all eligible voters in
the bargaining unit should have cast their votes.
>The first majority is essential to validate the certification election process itself. Under
Article 268 (256), in order to have a valid certification election, it is required that at least a
majority of all eligible voters in the bargaining unit must have case their votes.
>If less than such majority, the certification election process itself is not valid and, thus,
not one of the contending union therein, even if chosen by the majority of the voters case,
can be certified as the SEBA to represent the CBU.
Second Majority – majority votes of the valid votes case required in order to be chosen as
the SEBA.
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
>After establishing the validity of the certification election process itself, the next point to
ascertain and establish is whether the petitioning union, in a single-union contest, or any
of the union, in a multi-union election, has garnered the majority of the valid votes cast.
>Under Article 268 (256), it is required that only “the labor union receiving the majority of
the valid votes cast shall be certified as the exclusive bargaining agent of all the workers
in the unit.”
Illustration: Say in a bargaining unit composed of 100 employees, the first ting to
determine is how many voters should be validly cast in order to have a valid process of
certification election. The second thing to consider is how many votes should be
contending union garner in order to be declared winner and thus be proclaimed as the
SEBA of all the employees in the CBU.
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
>Following the rules, in order to have a valid certification election process, majority of the
100 employees or at least 51 employees should validly cast their votes (First Majority). In
order to win the election, a contending union should be able to garner the majority of the
valid votes cast. So, if only 51 employees cast their votes, the majority thereof, or at least,
26 employees (Second Majority) should vote for the winning union.
“No Union” always a choice: it is a basic principle in labor relations that the right to
join a union has the concomitant right not to join one. It is on this basis that “No
Union” is always a choice in all certification election.
>In the event that the petitioning union, in a single-union election, or any of the
participating unions, in a multi-union contest, fails to muster the majority of the valid
votes cast and the “No Union” choice wins, no SEBA shall be proclaimed and no new
PCE can be filed within one (1) year from the conduct of the certification election
pursuant to the one-year Statutory Bar Rule.
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
Challenging Votes and Protest:
Eligible voter – refers to a voter belonging to the appropriate CBU that is the subject of a
petition for certification, consent, run-off or re-run election. All the employees who are
members of the appropriate CBU three (3) months prior to the filing for petition/request
shall be eligible to vote.
Eligibility of Dismissed Employees to Vote – an employee who has been dismissed
from work but has contested the legality of the dismissal in a forum of appropriate
jurisdiction at the time of the issuance of the order for the conduct of a certification
election shall be considered a qualified voter, unless his/her dismissal was declared
valid in a final judgment at the time of the conduct of the certification election.
Thus, without a final judgment declaring the legality of their dismissal, dismissed
employees are eligible or qualified voters.
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
Challenging Votes and Protest:
Venue of the Election– while posting of the notice of the certification election is
expressly required to be made in at least two (2) most conspicuous placed within the
company premises, there is, however, no provision in the law nor in the rules which
requires that the certification election be conducted within the company premises.
>Being a purely employee-activity, the election should, as a general rule, necessarily be
held in the place of employment of the employees. Holding off the election within the
premises controlled by the employer may be justified such as when the employer
unreasonably refuses to make its work premises available for that purpose of has shown
extreme anti-union bias.
>In any such case, the Election Officer may exercise his/her sound discretion ove the
selection of the election site, or the contending unions, for their part, may mutually agree
on the venue of the election.
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
Challenging Votes and Protest:
Election Campaign – the Rules do not embody a single provision regulating election
campaigns that may be waged by the candidate-unions. Not being encumbered by any
limitation in law and unless the contrary is mutually agreed upon by the contending
unions, campaigning may be done up to the very day of the representation election itself.
>In other jurisdictions, however, campaigning may be validly prohibited in “no-election
hearing zone” with the proviso that it does not take place while employees are standing in
line to vote and does not “substantially impair employee’s fair choice.”
>The employer is not allowed to wage any campaign against the holding of the
certification election or for or against any of the contending union, it being settled that he
shall be a bystander in such electoral exercise and such act will constitute ULP (giving of
anti-union paraphernalia on the day of the election).
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
Challenging Votes and Protest:
Secrecy and sanctity of ballots – to ensure secrecy of the ballot, the Election Officer,
together with the authorized representatives of the contending unions shall, before the
start of the actual voting, inspect the polling place, the ballot boxes and the polling
booths.
Preparation of the Ballots – the Election Officer is required to prepare the ballots in
English and Filipino or the local dialect. The number of ballots should correspond to the
number of voters in the bargaining units plus a reasonable number of extra ballots for
contingencies.

>All the ballots shall be signed at the back by the Election Officer and an authorized
representative each of the contending unions.
Labor Relations:
Sole and Exclusive Bargaining Agent (SEBA):
Challenging Votes and Protest:
Casting of Votes – the voter must put a cross (x) or a check (√) mark in the square
opposite the name of the chosen union or “No Union” if he/she does not want to be
represented by any union.
Challenging of votes – the Election Officer is required to prepare the ballots in English and
Filipino or the local dialect. The number of ballots should correspond to the number of
voters in the bargaining units plus a reasonable number of extra ballots for contingencies.
>All the ballots shall be signed at the back by the Election Officer and an authorized
representative each of the contending unions.
Labor Relations: