CERTIFICATION ELECTION

Certification Election is the process of determining, through secret ballot the

sole and exclusive representative of the employees in an appropriate bargaining
unit for purposes of collective bargaining or negotiation.

Union Election is held pursuant to the union's constitution and by-laws, and the
right to vote in it is enjoyed only by union members.

Union Election versus Certification Election

As to basis
Union Election. It is held pursuant to the union's constitution and by-laws.
Certification Election. The process is ordered and supervised by Department of
Labor and Employment.

As to right to vote
Union Election. The right to vote is enjoyed only by union members.
Certification Election. All employees whether union or non-union members who belong
to the appropriate bargaining unit can vote.

As to effect of winner
Union Election. Winners become officers and representatives of the union only.
Certification Election. The winner in a certification election is an entity, a
union, which becomes the representative of the whole bargaining unit that includes
even the members of the defeated unions.

Who may file a Petition for Certification Election

Any legitimate labor organization including, a national union or federation that
has issued as charter certificate to its local/chapter or the local/chapter itself;
or
An employer, when requested to bargain collectively in a bargaining unit where no i
registered collective bargaining agreement exists.

Where to file a Petition for Certification Elections

A petition for certification election shall be filed with the Regional Office which
issued the petitioning union's certificate of registration or certificate of
creation of chartered local. The petition shall be Heard and resolved by the Med-
Arbiter.

Note. However, at the option of the petitioner, a petition for certification

election and its supporting documents may also be filed online

When to file a Petition for Certification Election

A petition for certification election may be filed: anytime, except
When a valid certification, consent or run-off election has been conducted within
the bargaining unit within 1 year prior to the filing of the petition for
certification election. Where an appeal has been filed from the order of the Med
Arbiter certifying the results of the election, the running of the one-year period
shall be suspended until the decision on the appeal has become final and executory

When the duly certified union has commenced and sustained negotiations in good
faith with the employer in accordance with Article 261 of the Labor Code within the
one-year period referred to in the immediately preceding paragraph

When a bargaining deadlock to which an incumbent or certified bargaining agent is a

party had been submitted to conciliation or arbitration or had become the subject
of a valid notice of strike or lockout

When a collective bargaining agreement between the employer and a duly recognized
or certified bargaining agent has been registered in accordance with Article 238 of
the Labor Code. Where such collective, bargaining agreement is registered, the
petition may be filed only within sixty days prior to its expiry.

Note. The Automatic Renewal Clause under Article 264 pertains only to the economic
provisions of the Collective Bargaining Agreement and does not include the
representational aspect of the Collective Bargaining Agreement. An existing
Collective Bargaining Agreement cannot constitute a bar to a filing of a petition
for certification election. When there is a representational issue, the status quo
provision in so far as the need to await the creation of a new agreement will not
apply.

Purpose of the provisions relating to Certification Election

The provisions of the Labor Code relating to the conduct of certification elections
were enacted precisely for the protection of the rights of the employees to
determine their own bargaining representative.

Doubts Resolved in Favor of Certification Election

The certification election is the best method of determining the will of the
workers on the crucial question on who shall represent them in their negotiations
with the management for collective bargaining agreement that will best protect and
promote their interest. Any doubt regarding real representation of the workers
should be resolved in favor of the holding of the certification election.

Issues Involved in a Certification Election Proceeding

Proper composition and constituency of the bargaining unit; and
The veracity of majority membership claims of the competing unions so as to
identify the union that will serve as the bargaining representative of the entire
bargaining unit.

Note. The delay in the issuance of the certificate of registration to a union

participating in a certification election case may effectively prevent the conduct
thereof. However, where it is shown that such delay was not because of its fault
but due mainly to its rivalry with other unions, it shall stay the conduct of the
certification election Mandamus will lie to compel the issuance of such certificate
of registration.

A petition for cancellation of union registration shall not suspend the proceedings
for certification election nor shall it prevent the filing of a petition for
certification election. In case of cancellation, nothing in the law shall restrict
the right of the union to seek just and equitable remedies in the appropriate
courts.

The pendency of an unfair labor practice case filed by the employer against a labor
organization participating in the certification election does not stay the holding
thereof. But the pendency of a formal charge of company domination against one of
the unions which is participating in the certification election is a prejudicial
question that bars the holding thereof until its final resolution.

Grounds for Dismissal or Denial of the Petition for Certification Election

Petitioner is not listed in the department's registry of legitimate labor unions or
that its legal personality has been revoked or cancelled with finality;
(Unregistered Union)
Petition was filed before or after the freedom period of a duly registered
Collective Bargaining Agreement; provided that the 60-day period based on the
original Collective Bargaining Agreement shall not be affected by any amendment,
extension, or renewal of the Collective Bargaining Agreement; (Contract Bar Rule)
Petition was filed within 1 year from entry of voluntary recognition or a valid
certification, consent, or run-off election and no appeal on the results thereof is
pending; (Certification Year)

A duly certified union has commenced and sustained. Negotiations with the employer
or there exists a bargaining Deadlock which had been submitted to conciliation or
arbitration or had become the subject of a valid notice of strike or lockout to
which an incumbent or certified bargaining agent is a party;
In case of an organized establishment, failure to submit the 25% Support
requirement for the filing of the petition for certification election
Failure of local or chapter or national union or federation to submit a duly issued
Charter Certificate upon filing of the petition for certification election
Absence of employer-employee relationship between all the members of the
petitioning union and the establishment where the proposed bargaining unit is
sought to be represented; and
Non-appearance of the petitioner for two consecutive scheduled conferences before
the mediator-arbiter despite due notice.

Note: The certification election shall be presided over by the Election Officer
from the Labor Relations Division of the Regional Office or the Bureau of Labor
Relations.

The following instances will not cause the dismissal of a petition for
Certification Election or the suspension of the Certification Election proceedings
Filing of a petition to cancel the certificate of registration of a union
participating in a certification election
Filing or pendency of any inter or intra-union dispute and other labor relations
dispute
Unfair Labor Practice charge of company unionism
Unfair Labor Practice charge by Employer against a union; and or
Appeal to the Supreme Court from the order denying the motion for reconsideration.

Ratio. The employee's opportunity to choose a bargaining agent can easily be

blocked or forestalled by an Employer thru the simple expedience of questioning the
legitimacy of the petitioner union.

Raffle of the Case

The Regional Director or his or her duly authorized representative upon the receipt
of the petition shall immediately assign it by raffle to a Med-Arbiter. The raffle
shall be done in the presence of the petitioner if the latter so desires.

Notice of Preliminary Conference

The petition shall immediately be transmitted to the assigned Med-Arbiter who shall
immediately prepare and serve a notice of preliminary conference to be held within:
10 working days from the Med Arbiter’s receipt of the report.

Forced Intervenor
The incumbent bargaining agent shall automatically be one of the choices in the
certification election as forced intervenor.

Note. The incumbent bargaining agent does not lose its representative status; it
remains as the sole bargaining representative until it is replaced by another.
Until so replaced, it has the right to retain the recognition by the Employer.

Motion for Intervention

When a petition for certification election was filed in an organized establishment,
any legitimate labor union other than the incumbent bargaining agent operating
within the bargaining unit may file a motion for intervention with the Med-Arbiter
during the freedom period of the collective bargaining agreement.
Preliminary Conference; Hearing
The Med-Arbiter shall conduct a preliminary conference and hearing within 10 days
from receipt of the petition to determine the following
The Bargaining Unit to be represented;
Contending labor unions;
Possibility of a Consent election;
Existence of any of the bars to Certification election under Section 3 of this
Rule, and
Such other matters as may be relevant for the final disposition.

Duty of the Med-Arbiter

The contending unions may agree to the holding of an election, in which case it
shall be called a consent election. The Med-Arbiter shall forthwith call for the
consent election, reflecting the parties’ agreement and the call in the minutes of
the conference. The Med-Arbiter shall, immediately forward the records of the
petition to the Regional Director or his or her authorized representative for the
determination of the election officer.

Effect of Failure to Prove Affiliation with a Federation to the Right to File a

Petition for Certification Election
Its failure to prove its affiliation with a federation cannot affect its right to
file said petition for certification election as an independent union. As a
legitimate labor organization, an independent union has the right to file a
petition for certification election on its own beyond election. Despite
affiliation; the local union remains the basic unit free to serve the common
interest of all its members and pursue its own interests independently of the
federation.

May a certification election be called by the Med Arbiter although the 25%
statutory requirement has not been complied with?
Yes. Even conceding that the statutory requirement of 25% consent signatures is not
strictly complied with the Med-Arbiter is still empowered to order that the
certification election be held precisely for the purpose of ascertaining which of
the contending labor organizations shall be the exclusive bargaining agent. The
requirement is relevant only when it becomes mandatory to conduct a certification
election. In all other instances, the discretion ought to be ordinarily exercised
in favor of a petition for certification election.

The employer presents the written statements of the workers to the effect that they
were tricked into giving their written consent to the filing of the petition for
certification election. Will these statements prevent the holding of a
certification election?
No. The rule that should be followed in case of the alleged withdrawals and
retractions is that the best forum for determining, whether there were indeed
retractions from some of the laborers is in the certification election itself
wherein the workers can freely express their choice in a secret ballot. The will of
the rank-and-file employees should in every possible instance be determined by the
secret ballot rather than by administrative or quasi-judicial inquiry. Such
representation and certification election cases are not to be taken as contentious
litigations or suits but as mere investigations of a non-adversary, fact finding
character as to which of the competing unions represents the genuine choice of the
workers to be their sole and exclusive collective bargaining representative with
their employer.

Number of Hearings
If the contending unions fail to agree to a consent election during the preliminary
conference, the Med Arbiter may conduct as many hearings as he or she may deem
necessary, but in no case shall-the conduct thereof exceed 15 days from the date of
the scheduled preliminary conference or hearing, after which time petition shall be
considered submitted for decision.

Note: Extensions of time shall not be entertained.

Failure to Appear Despite Notice

The failure of any party to appear in the when notified or to file its pleadings
shall be deemed a waiver of his right to be heard.

The Med-Arbiter, however, when agreed upon by the parties may allow the
cancellation of scheduled hearing(s). The cancellation of any scheduled hearing(s)
shall not be used as a basis for extending the 15-day period with which to
terminate the same.

Order or Decision on the Petition

Within 10 days from the date of last hearing, the Med-Arbiter shall formally issue
a ruling granting, or denying the petition, except in organized, establishments
where the grant of the petition can only be made after the lapse of the freedom
period.

Prohibited Ground for the Denial Suspension of the Petition

The inclusion as union members of employees outside the bargaining unit shall not
be a ground for the cancellation of the registration of the union. Said employees
are automatically deemed removed from the list of membership of said unions.

As to the validity of Certificate of Registration

All issues pertaining to the validity of the petitioning union's certificate of
registration or its legal personality as a labor organization, validity of
registration, and execution of collective bargaining agreements shall be heard and
resolved by the Regional Director in an independent petition for cancellation of
its registration and not by the Med Arbiter in the petition for certification
election.

Unless the petitioning union is not listed in the Department's roster of legitimate
labor organizations, or an existing collective bargaining agreement is not
registered with the Department.

Conduct of Certification Election

Raffle of the case within 24 hours from receipt of entry of final judgment.
Pre-Election Conference within 10 days from the receipt of the assignment.
Pre-election conference shall be completed within 30 days from the date of the
first hearing.
Posting of notice of election at least 10 days before the actual date of election.
Preparation of Ballot.
Election.

Raffle of the case

Within 24 hours from receipt of the notice of entry of final judgment granting the
conduct of a certification election, the Regional Director shall cause the raffle
of the case to an Election Officer who shall have control of the pre-election
conference and election proceedings.

Pre-election Conference
Within 24 hours from receipt of the assignment for the conduct of a certification
election, the Election Officer shall cause the issuance of notice of pre-election
conference upon the contending unions and the employer, which shall be scheduled
within 10 days from receipt of the assignment.

The employer shall be required to submit the certified list of employees in the
bargaining unit, or where necessary, the payrolls covering the members of the
bargaining unit at the time of the filing of petition.

The proper time to question the list of qualified voters is during the pre-election
conference. It can no longer be contested during the actual conduct of the
certification election.

Waiver of Right to be heard

Failure of any party to appear during the pre-election conference despite notice
shall be considered as a waiver of its right to be present and to question or
object to any of the agreements reached in the pre-election conference. However,
this shall not deprive the non-appearing party of the right to be furnished notices
and to attend subsequent pre-election conferences.

When Pre-election Conference shall be completed.

The pre-election conference shall be completed within 30 days from the date of the
first hearing.

Qualification of Voters
All employees who are members of the appropriate bargaining, unit 3 months prior to
the filing of the petition or request shall be eligible to vote. An employee who
has been dismissed from work but contested the legality of dismissal in a forum of
appropriate jurisdiction at the time of issuance of the order for the conduct of a
certification election shall be considered a qualified voter, unless dismissal was
declared valid in a final judgment at the time of the conduct of the certification
election.

In case of disagreement over voters list or eligibility all contested voters shall
be allowed to vote but the votes shall be segregated and sealed in an envelope.

Probationary employees have the right to vote in a certification election

The Labor Code makes no distinction as to employment status as basis for
eligibility in supporting the Petition for Certification Election. The law refers
to all the employees in the bargaining units. All they need to be eligible to
support the petition is to belong to the bargaining unit.

Posting of Notices
The Election Officer and his or her Authorized Department of Labor and Employment
Personnel shall cause the posting of notice of election at least 10 days before the
actual date of the election in the 2 most conspicuous places in the company
premises. The notice shall contain the
Date and time of the election
Names of all contending unions; and
Description of the bargaining unit and the list of eligible and challenged voters.

The posting of the list of employees comprising the bargaining unit shall be done
by the Department of Labor and Employment personnel.

The posting of the notice of election, the information required to be included

therein and the duration of posting cannot be waived by the contending unions or
the employer.

Secrecy and Sanctity of the Ballot

To ensure secrecy of the ballot, the Election Officer, together with the authorized
representatives of the contending unions and the employer, shall before the start
of the actual voting, inspect the polling place, the ballot boxes and the polling
booths.
No device that could record or identify the voter or otherwise undermine the
secrecy and sanctity of the ballot shall be allowed within the premises, except
those devices brought in by the election officer any other device within the
premises shall be confiscated by the election officer and returned to its owner
after the conduct of the Certification Election.

Preparation of Ballots
The Election Officer shall 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, unit plus a reasonable number of extra ballots for contingencies. All
ballots shall be signed at the back by the Election Officer and an authorized
representative of each of the contending unions.

Procedure in the Challenge of Votes

The ballot of the voter, who has been properly challenged during the pre-election
conferences, shall be placed in an envelope which shall be sealed by the Election
Officer in the presence of the voter and the representatives of the contending
unions.

The Election Officer shall indicate on the envelope the voter's name, the union
challenging the voter, and the ground for the challenge. The Election officer shall
note all challenges in the minutes of the election proceedings and shall have
custody of all envelopes containing challenged votes. The envelopes shall be
opened, and the question of eligibility shall be passed upon by the Med-Arbiter
only if the number of segregated votes will materially alter the results of the
election.

Spoiled Ballots are those which are torn, defaced, or contains markings which: can
lead another to clearly identify the voter who casts such vote.

Abstention refers to a blank or unfilled ballot validly cast by an eligible voter.

It is not considered as a negative vote. However, it shall be considered a valid
vote for purposes of determining a valid election.

On-the-spot Questions
The Election Officer shall rule on any question relating to and raised during the
conduct of the election. In no case, however, shall the election officer rule on
any of the grounds for challenge specified in the immediately preceding section.

Protest; When Perfected

Any party-in-interest may file a protest based on the conduct or mechanics of the
election. Such protests shall be recorded in the minutes of the election
proceedings. Protests not so raised are deemed waived.

The protesting party must formalize its protest with the Med-Arbiter, with specific
grounds, arguments and evidence, within 5 days after the close of the election
proceedings. If not recorded in the minutes and formalized within the prescribed
period, the protest shall be deemed dropped.

Note: A protest cannot be filed by a labor union which is not a participant in the
certification election.

Canvassing of Vote's
The votes should be counted and tabulated by the Election Officer in the presence
of the representatives of the contending union. Upon the completion of the canvass,
the Election Officer shall give each representative a copy of the minutes of the
election proceedings and results of the election. The ballots and tally sheets
shall be transmitted to the Med-Arbiter within 24 hours from the completion of the
canvass.
Certification of Collective Bargaining Agent
The union which obtained a majority of the valid votes cast shall be certified as
the sole and exclusive bargaining agent of all the employees within 5 days from the
day of the election, provided no protest is recorded in the minutes of the
election.

When the winning choice is a local chapter without a certificate of creation of

chartered local, such local chapter shall submit its Department of Labor and
Employment-issued certificate of creation within 5 days from the conclusion of
election.

Failure of Election
Where the number of votes cast in a certification or consent election is less than
the majority of the number of eligible voters, and there are no material challenged
votes, the Election Officer shall declare a failure of election in the minutes of
the election proceedings order.

Effect of Failure of Election

It shall not bar the filing of a motion for the immediate holding of another
certification or consent election within 6 months from the date of declaration of
failure of election.

Motion to Hold another Certification Election or Consent Election in case of

Failure of Election
Within 24 hours from the receipt of the motion for immediate holding of another
election, the Election Officer shall immediately schedule the conduct of such
election within 15 days from receipt of the motion and cause the posting of the
notice of certification election at least 10 days prior to the scheduled date of
election in the 2 most conspicuous places in the establishment. The same guidelines
and list of voters shall be used in the election.

Proclamation and Certification of the Result of the Election

Within 24 hours from final canvass of votes, there being a valid election, the
Election Officer shall transmit the records of the case to the Med-Arbiter who
shall, within the same period from receipt of the minutes and results of the
election, issue an order proclaiming the results of the election and certifying the
union which obtained a majority of the valid votes cast as the sole and exclusive
bargaining agent in the subject bargaining unit, under any of the following
conditions.
No protest was filed or, even if one was filed, the same was not perfected within
the five-day period for perfection of the protest; and
No challenge or eligibility issue was raised or, even if one was raised, the
resolution of the same will not materially change the results of the elections.

The winning union shall have the rights, privileges and obligations of a duly
certified collective bargaining agent from the time the certification is issued.

Where majority of the valid votes cast results in "No Union" obtaining the
majority, the Med-Arbiter shall declare such fact in the order.

Double Majority Rule

For there to be a valid certification election, two majorities must be complied
with
Majority of bargaining unit must have voted; and
The winning union must have garnered majority of the valid votes cast.

How to Determine the Double Majority Rule

In determining the validity of the process of the certification election itself
(1st Majority), include spoiled ballots.
In determining the number of votes required to be certified as the collective
bargaining agent (2nd Majority), eliminate spoiled ballots but include challenged
votes.

Note. When the winning choice is a local chapter without a certificate of creation
of chartered local, such local chapter shall submit its DOLÉ issued certificate
within 5 days from the conclusion of election.

Spoiled, ballots are not counted in determining majority.

Effect of a No-Union Winning the Election

If the elections disclose that the majority of the workers do not wish to be
represented by any union, no union may be properly certified, and the minority
workers who wish to have a union represent them in collective bargaining may not
impose their wilt-upon the majority upon the plea that they are being denied of
their right to self-organization and collective bargaining. The minority employees
can do nothing except to wait for another suitable occasion to petition for a
certification election and hope that the results will be different.

Note. The company remains un-unionized for at least 12 months, the period known as
the 12-month bar rule; after such period, a petition for certification election may
be filed again.

Reason. The right of workers not to be represented by a union should be respected

for it is an integral part of their freedom of association.

Illustration of Certification Election

To determine the sole and exclusive bargaining agent of the workers and employees
of “X”. Mining Co., a certification election was held among the 3 contending
unions, namely, Union "A," Union "B,", and Union "C". Of the 560 eligible voters,
only 500 actually cast their votes, Union "A" garnered 220 votes, Union "B"
garnered 242 votes, Union "C" garnered 30 votes, while the rest of the ballots were
considered as spoiled.

How do you determine the majority vote in the certification election?

The majority vote in a certification election is 50% plus 1 of the valid votes
cast. Spoiled ballots are excluded.

In the problem which of the contending unions won the certification election, if
any? Why?
None. To be declared the winner, a union should have obtained at least 247 votes.
This constitutes majority of the valid votes cast, 8 thereof were spoiled; there
were therefore 492 valid votes cast. The majority of the valid votes cast is 247.

Rules which prevent the Holding of a Certification Election

Certification Year Bar Rule
Contract-Bar Rule
Deadlock Bar Rule
Negotiation Bar Rule

Certification Year Bar Rule at provides that no petition for certification election
may be filed within 1 year from the date of a valid certification, consent, or run-
off in elections or from the date of voluntary recognition.

The same ban applies if "no union” won in the previous election.

Note. The 12-month prohibition presupposes that there was an actual conduct of
election.
Certification year refers to the period wherein collective bargaining should begin
which is within 12 months following the determination and certification of
employees' exclusive bargaining representative.

When Certification Year Bar will NOT Apply

When there was no certification election precisely because the first petition was
dismissed on the ground that it did not include all the employees who should be
properly included in the collective bargaining unit.

If in fact there was a failure of election because less than majority of the
Collective Bargaining Unit members voted.

Other instances
When there was an invalid election
Among a group of employees who had not participated in the first election and had
not been given the opportunity to be represented as part of the unit in the 1st
election
Unit of employees is newly created
Radical change in the size of a bargaining unit within a short period of time; or
In case of unit clarification petition.

Contract-Bar Rule
General Rule: While a valid and registered Collective Bargaining Agreement is
subsisting for a fixed period of 5 years, the Bureau is not allowed to hold an
election contesting the majority status of the incumbent union.

Exception: During the 60 day-period immediately prior to its expiration which

period is called the freedom period.

While a valid and registered Collective Bargaining Agreement of a fixed duration is

subsisting, the Bureau of Labor Relation is not allowed to hold an election
contesting the majority status of the incumbent union during its 5 year term of
representation except during the 60 day period immediately prior to the expiration
of the year term. The 5 years shall be reckoned, from the date of effectivity of
the Collective Bargaining Agreement.

Note. Registration of Collective Bargaining Agreement only puts into effect the
Contract-Bar Rule but the Collective Bargaining Agreement itself is valid and
binding even if unregistered.

Requisites for Contract-Bar Rule

It must contain substantial terms and conditions of employment sufficient to
stabilize the bargaining relationship
It must be signed by the parties
The effective date and expiration date must be readily discernible on the face of
the contract.

Exceptions to the Contract-Bar Rule

The existence of a collective bargaining agreement will not bar certification
election in the following instances
The Collective Bargaining Agreement is inadequate, incomplete, or defective (i.e.,
it does not contain all the substantial demands on terms and conditions and leaves
out matters which should have been stipulated; where the stipulation becomes a
sweetheart contract)
The Collective Bargaining Agreement was hastily entered into, or the "doctrine of
premature extension" (i.e., the renewal or extension of the agreement was
premature, frustrating the right of the employees to petition for a certification
election at the proper time)
Contract where the identity of the representative is in doubt
Collective Bargaining Agreement entered into between the employer and in the union
during the pendency for a certification election
Collective Bargaining Agreement registered with falsified supporting documents
Petition is filed during the 60-day freedom period
Referendum to register an independent union; and
Collective Bargaining Agreement was signed before or within the freedom period

Deadlock Bar Rule

It simply provides that a petition for certification election can only be
entertained if there is no pending bargaining deadlock submitted to conciliation or
arbitration or had become the subject of a valid notice of strike or lockout. The
principal purpose is to ensure stability in the relationship of the workers and the
management.

When not applicable. In case of artificial deadlock which is a deadlock prearranged

or preserved by collusion of the employer and the majority union.

Artificial Deadlock is a deadlock prearranged or preserved by collusion of the

employer and the majority union. It is the deception of the workers, hence, not a
barrier to a petition for a Certification Election.

Deadlock arises when there is an impasse, which presupposes reasonable effort at

good faith bargaining which, despite noble intentions, did not conclude in an
agreement between the parties.

Note: The absence of the parties mutual declaration of deadlock does not mean that
there was no deadlock. At most, it would have been simply a recognition of the
prevailing status quo between the parties.

Indications of a Genuine Deadlock:

The submission of the deadlock to a conciliation or arbitration; and
The deadlock is the subject of a valid notice of strike or lockout

Negotiation Bar Rule

It provides that a petition for certification election cannot be entertained if
before the filing of the petition for certification election, the duly recognized
or certified union has commenced negotiations with the employer in accordance with
Article 261 of the Labor Code within the one year period referred to in Section 147
of D.O. No. 40-03, Rule 8 (certification year rule).

Filing of a Petition for Certification

Who may file. General Rule. Any Legitimate Labor Organization, including a national
union or Federation in behalf of the Legitimate Labor Organization.
Exception. Employer when asked to bargain.
Where to file. Regional Office which issued the certificate of registration or
certification of creation.

Common Requirement of Petition

Petition must be verified and under oath by President or authorized representative.
Name of applicant union; principal address,
if independent union, certificate of registration number and date issued.
if local chapter, chapter certificate.
Name and address of employer-company.
Description of the appropriate bargaining unit and the total number of employees in
the appropriate bargaining unit.

Unorganized Establishment
When to file. Any time additional petition requirements.
That there is no registered Collective Bargaining Agreement in the employer unit.
Other relevant facts.

If no grounds exist or are not valid, then

Order for the holding of certification elections.

Organized establishment
When to file. Contract Bar; 1 year bar rule or deadlock bar petition.
Requirements.
Names and addresses of other legitimate labor organizations within the bargaining
unit.
Statement to the effect that the Petition is filed
within the freedom period
outside on year period from date of final certification result; and
no deadlock

Raffle to med-arbiter and service of notice for preliminary conference

Preliminary conference within 10 days from receipt of petition
Hearing (contending union and employer)

Challenging petition for Certification Election

Contract Bar or 1 year bar or Deadlock bar, no 25% signatures; union not registered
or certification was revoked.

If no grounds exist or are not valid, then

Order for the holding of certification elections.

Denial of petition for certification election and Appeal.

Parties agree to consent election.

The med-arbiter shall enter the fact of the agreement in the minutes of the
hearing.

Run-Off Election refers to an election between the labor unions receiving the 2
highest number of votes in a certification or consent election with 3 or more
choices, where such a certified or consent results in none of the 3 choices
receiving the majority of the valid votes cast; provided that the total number of
votes for all contending unions is at least 50% of the number of votes cast.

Note. If the "No Union" option wins the election, there shall be no run-off
election. Where the majority of the valid votes results in "No Union" obtaining
majority the Med-Arbiter shall declare such fact in the order proclaiming the
results of the election.

A run-off election is proper if the following conditions exist, namely:

Valid election took place because majority of the Collective Bargaining Unit
members voted (First - Majority)
The total Votes for the unions are at least 50% of the votes cast
Not one of the choices obtained the majority (50% plus 1, second majority of the
valid votes cast
There is no Unresolved challenged votes or election protest which if sustained can
materially alter the results
The said election presented at least 3 choices (e.g., Union One, Union Two and No
Union)
Note. "No Union" shall not be a choice in the run-off election

The 2 choices which garnered the Highest number of votes will be declared the
winner provided they get the majority votes of the total votes cast.

Illustration: The Collective Bargaining Unit has 100 members, 80 voted. 30 votes
for Union A, 15 for Union B, 15 for Union C, 20 for No Union. No invalid votes.
Run-off election is proper because the contending unions obtained 60 votes which
even exceeds one-half of the votes cast.

Who Participates in the Run-Off Election

The unions receiving the highest and second highest number of votes cast.

Re-Run Election refers to an election conducted to break a tie between the

contending unions, including between "No Union' and one of the unions. It shall
likewise refer to an election conducted after a failure of election has been
declared by the election officer and or affirmed by the mediator-arbiter.

Re-Run Election takes place in 2 instances.

To break a tie between the contending unions; or
If a failure of election has been declared by the election officer and or affirmed
by the Med Arbiter

In both instances, “no union" is also a choice.

Consent Election - voluntarily agreed upon by the parties with or without the
intervention of Department of Labor and Employment.

Note. From the very nature of consent election, it is a separate and distinct
process and has nothing to do with the import and effect of a certification
election.

Certification versus Consent Election.

As to Purpose
Certification. To determine the sole and exclusive bargaining agent of all the
employees in an appropriate bargaining unit for the purpose of collective
bargaining.
Consent Election. To determine the sole and exclusive bargaining agent of all the
employees in an appropriate bargaining unit for the purpose of collective
bargaining.

As to Participation of Med-Arbiter
Certification. Requires a petition for certification election filed by a union or
employer. A med-Arbiter grants the petition and an election officer is designated
by the Regional Director to supervise the election.
Note. Med-Arbiter may determine if there is employer-employee relationship and if
the voters are eligible. when requested to bargain collectively in bargaining unit
where no registered collective bargaining unit agreement exist, an employer may
file a petition for certification election with the Regional Office. But still the
employer is a non party in the election process.
Consent Election. Held by agreement of the unions with or without the participation
of the Med-Arbiter.

ARTICLE 271. EMPLOYER AS BYSTANDER

In all cases, whether the petition for certification election 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 a petition for certification
election.
The employer's participation in such proceedings shall be limited to:
Being notified or informed of petitions of such nature; and
Submitting the list of employees during the pre election conference should the Med-
Arbiter act favorably on the petition.

If the employer believes that the union has inappropriate membership because it
includes ranks and file with managerial or supervisory employees, the employer's
recourse is not to oppose the petition for certification election but to file a
separate petition to cancel the union's registration.

ARTICLE 272. APPEAL FROM CERTIFICATION ELECTION ORDERS

Any party to an election may appeal the order or results of the election as
determined by the Med Arbiter directly to the Secretary of Labor and Employment on
the ground that the rules and regulations or parts thereof established by the
Secretary of Labor and Employment for the conduct of the election have been
violated. Such appeal shall be decided within 15 calendar days.

ARTICLE 273 to 277. GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION

(Please see discussion on Grievance Machinery and Voluntary: Arbitration under
JURISDICTION AND REMEDIES).