Labor Relations _L_Certification Election Flashcards
Define certification election
discuss its nature
2-fold purpose
it is the process of determining the SOLE & EXCLUSIVE bargaining agent of the employees for purposes of collective bargaining.
its not a litigation but an investigation of a non-adversarial fact-finding character under the auspices of BLR
to determine Appropriate BU & to ascertain the majority representation
What is the role of employer in CE
Employer is a neutral bystander because this is a sole concern of employees.
GR: Er is not a party in CE
Exc: pursuant to 258 LC, employer may file a Petition for CE. After which, it reverts back to a neutral bystander role
What are the modes of recognition of employee representation?
Who has authority to recognize SEBA sole and exclusive bargaining agent?
a) Certification elections.
b) Direct certification is not allowed
c) Consent election - agreed one with employer, elections is for confirmation of majority representation of employees
Regional Director DOLE may recognize the representation status of a union
SEBA - elements
unorganized establishment
the only one LLO legitimate labor organization
request for recognition by LLO as SEBA
What is the procedure for certification election?
Who may file?
Any LLO & as exception the employer
Where to file?
At Mediation-Arbitration branch of Regional office where principal office is located
Jurisdictional facts to include in the petition:
at least 25% signed
The Med-Arbiter may dismiss the Petition for CE on what grounds (5)?
petitioner-union is NOT listed in DOLE registry of LLO
Failure to show 25% signatories of all employees
Contract bar rule - petition filed (before or after) out of the Freedom period ( FP is 60 days before the Expiry of CBA)
One year bar rule - the petition was filed WITHIN ONE YEAR from Entry of a) voluntary recognition or b) valid certification or c) consent & run-off election
Deadlock bar rule - there is an existing bargaining deadlock submitted to arbitration or conciliation
There is an order granting the conduct of Certification election. The affected employees want to appeal this grant - how?
When to file CE - Anytime
a) for UNORGANIZED establishment - this order for CE is NOT subject to Appeal ; any issue may be raised only by Protest
b) for ORGANIZED Establishment
- the Grant or Denial for CE may be appealed to DOLE secretary within 10 days from receipt of order
File the appeal at the Regional Office which will cause the transmittal to DOLE Secretary.
15 days from receipt by DOLE Secretary, decision will be made on the appeal. The decision is final & executory after 10 days.
No MR in the decision.
What is the requirement for Valid CE?
Ans: Double Majority rule
What is the Run-off election?
1st Maj required : Count how many voted (out of the total Union & NON union members)
2nd Maj required : Count if there is a union which garnered a Majority of VALID VOTES cast
RO election happens when there the 2nd Majority rule was NOT COMPLIED.
Summary if there are 25 union & non U members:
First Majority: At least 13 out of 25 eligible voters must participate in the election.
Second Majority: A union must receive at least 7 valid votes out of the 13 valid votes cast to be certified as the SEBA.
A company in the Philippines has 50 employees, consisting of 30 union members and 20 non-union members. In a certification election, 35 employees cast their votes. Which of the following statements is true regarding the first majority requirement?
A) The election is invalid because less than 50% of non-union members voted.
B) The election is valid because more than 50% of the total eligible voters participated.
C) The election is invalid because less than 75% of union members voted.
D) The election is valid only if all union members voted.
Answer: B) The election is valid because more than 50% of the total eligible voters participated.
Legal Reasoning: The first majority requirement is that more than half of the total eligible voters (both union and non-union members) must participate in the election. In this case, 35 out of 50 employees voted, which is 70% participation, thus meeting the requirement.
Question 2:
In the same company, the votes cast in the certification election are as follows: Union A received 18 votes, Union B received 10 votes, and 7 votes were deemed invalid. Which of the following statements is true regarding the second majority requirement?
A) Union A is certified as the SEBA because it received the most votes.
B) Union B is certified as the SEBA because it received more than 25% of the votes.
C) No union is certified as the SEBA because neither union received a majority of the valid votes cast.
D) A run-off election is required between Union A and Union B.
Answer: C) No union is certified as the SEBA because neither union received a majority of the valid votes cast.
Legal Reasoning: The second majority requirement is that a union must receive a majority of the valid votes cast to be certified as the SEBA. In this case, there were 28 valid votes (18 for Union A and 10 for Union B). A majority of 28 is 15 (since $$ \lceil \frac{28}{2} \rceil = 15 $$). Union A received 18 votes, which is more than 15, so it should be certified as the SEBA. However, if neither union received a majority of the valid votes, no union would be certified, and a run-off election would be required between the top two unions.
Summary:
1. First Majority Requirement: More than half of the total eligible voters must participate in the election.
2. Second Majority Requirement: A union must receive a majority of the valid votes cast to be certified as the SEBA.
These questions reflect common issues in the Philippines related to certification elections, testing understanding of the procedural requirements and legal principles involved in determining the SEBA.
A union files a petition for certification election in a company with 500 employees. The union claims to have 100 signatories. The company argues that the petition should be dismissed because:
1) The union is not listed in the DOLE registry of legitimate labor organizations
2) The petition was filed 30 days before the expiry of the existing CBA
3) There was a certification election held 10 months ago
Which of the following is the correct legal assessment?
A) The petition should be dismissed due to all three reasons
B) The petition should be dismissed due to reasons 1 and 2 only
C) The petition should be dismissed due to reasons 1 and 3 only
D) The petition should be dismissed due to reason 1 only
Answer: C) The petition should be dismissed due to reasons 1 and 3 only
Legal Reasoning:
1) Not being listed in the DOLE registry of legitimate labor organizations is grounds for dismissal of the petition.
2) The petition being filed 30 days before the expiry of the CBA falls within the 60-day freedom period, so this is not a valid reason for dismissal.
3) The one-year bar rule prohibits filing a petition within one year from a valid certification election, so this is a valid reason for dismissal.
The 25% signature requirement is met (100 out of 500 is 20%, which exceeds the 25% threshold), so this is not an issue.
Question 2:
A union files a petition for certification election. The company opposes the petition, citing the following:
1) There is an ongoing collective bargaining negotiation that has reached a deadlock and is currently under conciliation
2) The union has only 15% of employees as signatories
3) The company voluntarily recognized another union 11 months ago
Which of the following is the correct legal assessment?
A) The petition should be dismissed due to all three reasons
B) The petition should be dismissed due to reasons 1 and 2 only
C) The petition should be dismissed due to reasons 2 and 3 only
D) The petition should be dismissed due to reason 3 only
Answer: C) The petition should be dismissed due to reasons 2 and 3 only
Legal Reasoning:
1) The deadlock bar rule applies when there is a bargaining deadlock submitted to arbitration or conciliation. However, this rule typically doesn’t bar the filing of a petition for certification election, so this is not a valid reason for dismissal.
2) The union failing to show 25% signatories of all employees is a valid reason for dismissal of the petition.
3) The one-year bar rule prohibits filing a petition within one year from voluntary recognition of a union, so this is a valid reason for dismissal.
These questions test understanding of multiple rules governing union recognition and certification elections in the Philippines, including the contract bar rule, one-year bar rule, deadlock bar rule, and requirements for union legitimacy and employee support.
