Cimagala, Cortina, Claudio, Sarines

THE WOMEN OF ALEITHEIA

PROCEDURE FOR CERTIFICATION ELECTION

UNORGANIZED COMPANY (no union yet)

ORGANIZED COMPANY

Certification election arises when there is

doubt as to w/n union represents majority of R&F and /or
more than 1 petitioner (no voluntary recognition) of the CBU

A certification election arises when after the Preliminary

conference, the unions do not agree (by consent election)
on which union constitutes the majority

When VOLUNTARY RECOGNITION proper:

1. Unorganized company (enterprise is being unionized for the
first time)
2. Only 1 petitioner
3. Union voluntarily recognized must be composed of the
majority members of the unit (no objections raised by
members of the unit)

File PETITION at the DOLE Regional Office that

issued LOs certificate, with 25% written consent
w/ representative: w/in 60 days of the 5th year
of the CBA

If any of these requirements are not met, follow the procedure below.

NOTICE within 3 days

POSTING of notice and petition

Procedure: Union President or Employer submits a joint statement

containing the ff: no. of EEs, names & signatures of at least majority,
no other LLO. The statement published for 15 days in 2 places

PRELIMINARY CONFERENCE
10 days from receipt of petition

File PETITION at the DOLE Regional Office that issued

LOs certificate
w/o rep & w/CBA: outside the 12-mo. bar
w/o rep, w/o CBA: deadlock submitted to conciliation or
arbitration or subject of a valid notice of strike or lockout

Med-Arbiter CERTIFIES that

petitioner is an LLO in good
standing
If YES: office will automatically order
the conduct of a certification election
(unappealable)
PRE-ELECTION CONFERENCE to
discuss mechanics and list of

qualified voters

Parties may or may not agree to hold a consent election. A consent

election is an election voluntarily agreed upon by the contending
unions, with or without the intervention of DOLE, to determine which
union carries the majority of the workers in the appropriate CBU.

CONSENT ELECTION
(agreement on which union
has the majority workers)
1. Parties will enter fact of
agreement in the minutes of the
hearing
2. Schedule pre-election conference

PRE-ELECTION CONFERENCE to
discuss mechanics and list of

qualified voters

NO CONSENT ELECTION
All parties, inc. ER, must submit
position papers within 10 days
otherwise, all arguments not raised
are deemed waived

HEARINGS

As many as needed but not more

than 15 days after Preliminary
Conference

ORDER granting/denying petition

10 days from last hearing

ELECTION by secret ballot

Other things that happen after final judgment

granting the conduct of the certification
election:
1. Notice of entry to Regional Director
2. Raffle of the case to an election
officer of DOLE
3. Notice of Pre-election conference
within 24 hrs from receipt of
assignment
4. Pre-election conference 10 days
from receipt of assignment
Within 30 days from date of last
hearing only but 45 days from
date of 1 st re-election conference
Posting of notices 10 days before
the election

Order should not be made within

freedom period. The purpose is to
keep it open for another LO to file a
petition or motion for intervention.

GRANTED

DENIED

Order is appealable w/in 10 days from receipt

PRE-ELECTION CONFERENCE to
discuss mechanics and list of

qualified voters
CERTIFICATION ELECTION

No union is a choice
Results are subject to protest
Validity = 50% + 1 of qualified voters
Winner = majority of valid votes

Failure of election: 12mo. bar does not

apply (election may be held within 6 mos.
from date of declaration

UNION: CBA w/in 12 mos.

(certification year)

Run-off election w/ no winner: 12.mo bar

rule applies

There is no requirement when

bargaining should end.

No winner
RUN-OFF ELECTION
(no union not a choice)
UNION: CBA w/in 12 mos.
(certification year)