Certification Election

1. What is Certification Election?

Certification election is a process of determining through secret ballot the sole and
exclusive bargaining agent (SEBA) of all the employees in an appropriate bargaining unit
for the purpose of collective bargaining.
2. Where does a union file a petition for certification election (PCE)?
A PCE is filed at the egional !ffice "hich issued the certificate of petitioning union#s
certificate of registration$certificate of creation of chartered local.
3. What are the requirements in filing a PCE?
Among the important re%uirements are the follo"ing&
a) A statement indicating any of the follo"ing&
'hat the bargaining unit is unorgani(ed or that there is no registered CBA covering the
employees in the bargaining unit)
*f there exists a duly registered CBA+ that the petition is filed "ithin the sixty,day
freedom period of such agreement)
*f another union had been previously recogni(ed voluntarily or certified in a valid
certification+ consent or run,off election+ that the petition is filed outside the one,year
period from entry of voluntary recognition or conduct of certification or run,off election
and no appeal is pending thereon.
b) *n an organi(ed establishment+ the signature of at least t"enty,five (-./) percent of
all employees in the appropriate bargaining unit shall be attached to the petition at the
time of its filing (Section 0+ ule 1***+ of the 2epartment !rder 3o. 04,45).
4. What happens after receipt of the PCE?
'he petition "ill be raffled to the 6ed,Arbiter for preliminary conference to determine+
among others+ the bargaining unit to be represented+ the contending unions+ and the
possibility of consent election.
. What happens upon appro!al of the conduct of certification election "#
the $ediator%&r"iter?
'he PCE "ill be endorsed to an election officer for the conduct of pre,election
conference "herein the date+ time and place of election "ill be identified+ the list of
challenged and eligible voters "ill be made+ as "ell as the number and location of polling
places.
'. $a# a PCE "e denied?
7es+ a PCE may be denied if&
a) it "as filed before or after the freedom period of a registered CBA)
b) the petitioner union is not listed in the 2!8E egistry of legitimate labor
organi(ation) or
c) the legal personality of the petitioner,union has been revo9ed or cancelled "ith
finality.
(. Who )ill conduct the CE?
'he 2!8E egional !ffice through the election officer conducts the certification
election.
*. +o) is the ,E-& determined?
'he union that garners ma:ority of the valid votes cast in a valid certification election
shall be certified as the SEBA.
.. $a# election protest "e entertained?
7es+ but protest should have been first recorded in the minutes of the election
proceedings.
1/. What happens if the petitioner union fails to garner the ma0orit# of the
!alid !otes cast?
'here "ill be no SEBA+ but another PCE may be filed one year thereafter.
11. What are the requisites for certification election in organi1ed
esta"lishments?
Certification election in organi(ed establishments re%uires that&
a) a petition %uestioning the ma:ority status of the incumbent bargaining agent is filed
before the 2!8E "ithin the ;4,day freedom period)
b) such petition is verified) and
c) the petition is supported by the "ritten consent of at least t"enty,five percent (-./)
of all employees in the bargaining unit.
12. What is the requirement for certification election in unorgani1ed
esta"lishments?
Certification election in unorgani(ed establishments shall <automatically= be conducted
upon the filing of a petition for certification election by an independent union or a
federation in behalf of the chartered local or the local$chapter itself.
13. $a# an emplo#er file a PCE?
7es+ the employer may file a PCE if it is re%uested to bargain collectively.
14. $a# an emplo#er e2tend !oluntar# recognition to a legitimate la"or
organi1ation )ithout filing a PCE?
7es+ management may voluntarily recogni(e a union if there is no other union in the
company and if other re%uirements are complied "ith (Sec. -+ ule > of 2.!. 04,45).
1. What is the role of emplo#er in certification election?
'he employer shall not be considered a party to a petition for certification election+
"hether it is filed by an employer or a legitimate labor organi(ation+ and shall have no
right to oppose it. *ts participation shall be limited only to being notified or informed of
petition for certification election and submitting the certified list of employees or "here
necessary+ the payrolls (Employer as Bystander ule).