Professional Documents
Culture Documents
Labor 052418
Labor 052418
The most democratic mode of selection is Certification Election. It’s like a barangay election.
There are contestants. It is initiated thru a filing of petition, and the filing is within the Office of
Med Arbiter. It’s his Jurisdiction. It is his concern to receive and resolve petitions and relative to
CE petitions, take note of this sole area of questioning:
Formal since it is a petition, it must be in writing. Somebody has to sign it and has to be verified
and must bear a non forum shopping certificate.
Supposed a CE petition does not come with a verification, should the Med Arbiter dismiss it
outright? Answer: No
Because Certification Election petition does not initiate a litigation. It’s not like a civil case where
the complainant/plaintiff will seek relief against another person, (defendant), that is not the
nature of a certification election.
In the words of the Supreme Court, in the Sandoval Shipyards case, a CE is just a mode of
verification.
Just a means of determining the will of the workers as to the representative for purposes of
collective bargaining so that absence of verification is not fatal. Except DO 40-03 says that it
must be verified.
o The petition must have a description of CBU sought to be represented. It is enough to tell
the Med Arbiter, the petitioner seeks to represent the CBU consisting of rank and filers
and that would be a sufficient description.
o A statement that the majority workers or the members of the CBA support the CE.
As pre requisite of contract bar, the CBA must be registered, if not registered there is no bar.
Any rival union can file a petition for CE even before the onset of the freedom period.
What about the certification year bar? Today, Union A is certified as EDR, this is the union that
will represent all the workers in the establishment for purposes of entering into a CBA with the
company, for purposes of collective bargaining. From today you count, 12 months. That
representative must commence and sustain collective bargaining during that period. During the
12-month period, no filing of CE petitions. Those petitions will be barred by the certification
union bar.
Deadlock bar
Usually a CE petition is resorted to all, or to produce a representative which will be there to
address issues with the company.
If an issue, a problem, a dispute has been submitted to Voluntary Arbitrator to mediation or
any, it is subject to a valid notice of strike. No filing. Because these are processes which should
be allowed to produce fruits. You won’t let a CE disturb these processes.
Majority of the eligible voters must cast their votes during the election
Non Employees
Non members of the CBUs sought to be represented
The voter is a CBU member however he’s membership in the CBU is less than 3 months
You don’t allow confidential employees to vote because it’s a rank and filers concern. Also the
Abusayaffs because they are not allowed.
Subversive are not allowed but according to USec Jimenez, the Anti Subversion Law should
produce an effect which allows subversives to vote.
In the 900 ELVOTS, we’re going to take away 20. Because those 20 are not valid votes. Why?
Because they consist of black ballots.
880. Who’s the winner? Union by majority of votes based on valid votes.
Again 50% + 1
440 = 50%
+1
441
Union A = 400
Union B = 241
Union C = 239
No Union = 0
NO WINNER
Requisites:
Valid CE
There must be three or more participants including “No Union”
Non of the participants got majority vote based on valid votes
Total votes excluding the vote of No Union is at least 50% of casted votes
There shall be no election contest that can materially alter the result of the CE
Winner: Union that will get majority votes based on the valid votes cast in the run off election
not in the CE.
Re Run Election
If in the course of CE, irregularities are committed, like Election Officer then the Med Arbiter
must conduct a UCE within the next six months.
Failure of Election, Med Arbiter must conduct another CE within six months.