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What other steps is necessary, if any, after the CBA is signed, posted,

and ratified? What is the consequence if this step is not observed?


Explain.
The CBA should be submitted to the Regional office of DOLE for registration of
the CBA within 30 days from its execution date according to Art. 231 of the Labor
Code. Failure of registration of the CBA will nullify the privilege granted in Art.
232, which is the certification bar rule and the freedom period rule. (Trade Union
of the Philippines vs. Hon. Laguesma, GR # 95013, September 21, 1994) (Liberty
Flour Mills Employees vs. Liberty Flour Mills, Inc., December 29, 1989)
May a Union be certified as the exclusive bargaining representative
after showing proof of majority representation through union
membership cards without conducting certification election? Support
your answer.
No. There are only two modes of recognition of a legitimate labor organization
(LLO) in the Labor Code, and that is through either voluntary recognition by the
employer or by certification election. While voluntary recognition is currently not
allowed as per recent laws, certification election is still available and is the only
way for an LLO to become the Sole and Exclusive Bargaining Agent (SAEBA). In
the case at bar, mere presentation of union membership cards is insufficient in
becoming the SAEBA, as the Labor Code provisions provide.
Eligible Voters 600
Union A 200 votes
Union B 240 votes
Union C 60 votes
No Union 20 votes
Spoiled Ballots 30 votes
QUESTIONS:
How many was the total votes cast?
A total of 550 votes were cast as per the facts of the case at hand.
How many were the valid votes cast?
A total of 520 valid votes were cast, since spoiled ballots should not be
counted as valid votes in a certificate election.
Was there a valid Certification Election? Reason.
No, there is no valid certification election. The twin majority rule as the
labor laws provide when it comes to the validity of a certification election
was not satisfied. While the first rule of having the majority of all eligible
voters casting their vote was complied with, the second rule that a union
must obtain the majority of the valid votes cast was not complied with as per
the case at bar.
Which union will be the SAEBA? Reason.
None of the unions in the case at bar can become a SAEBA since the second
of the twin majority rule (Art. 252 of LC) has not been complied with.
What else may be done?
A run-off election should be held immediately by the Election Officer within
10 days from the close of the election proceedings between the labor unions
receiving the two highest votes. The choice No Union shall not be a part
of the ballot and the same list of voters shall be used in the run-off elections.
The union with the highest number of votes shall be certified as the winner,
subject to the rules of D.O. # 40-03.

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