CERTIFICATION ELECTION
Notice of Preliminary Conference
Determination of the Exclusive Bargaining Representative
1. SEBA Certification
2. Consent Election
3. Certification Election
a. Run Off Election
b. Re-reun Election
SEBA Certification (DO-40-I-15)
1. Sole and Executive Bargaining Agent
2. Only for unorganized establishment with only one LLO
3. More than 1 LLO – RD will refer to an election officer to
conduct a certification election
4. Voluntary Recognition does not exist anymore!
Consent Election
1. Voluntary agreement of the parties to hold election
2. Skip several steps and hold election immediately
3. May be done without the intervention of DOLE
Certification Election
1. Unorganized v. Organized
a. Unorganized – Sugbuanon (grant is unappealable)
b. Organized – petition for CE upon filing of a LLO in a
organized is automatically granted (grant is
appealable)
2. Employer as a mere bystander rule
a. Will be provided only with the list of voters
b. Exception: When the employer is requested to
bargain!
c. Freedom Period (will only exist for organized
establishments with a CBA!)
d. For organized establishment, need 25% support of the
Bargaining Unit needed to file a PCE
e. Qualified voters: members of the bargaining unit 3
months prior to the filing of the PCE (amended by DO-
40-I-15)
i. NUWRAIN case not applicable anymore – hired
after the filing of the CE can be part
Process for Certification Election/Consent Election
1. Filing of PCE
2. Raffle
3.
4. Consent Election
5. Decision on PCE
6. RD: Raffle to an Election Officer
7. Pre-election Conference
8. Certification Election
9. Canvass of Votes
10. Transmit Records to Med-Arbiter; Order proclaiming results
When want to have a consent election, can do away with step 5 and
6, and have the pre-election conference (skipping several processes)
- Without questioning the requirements of a certification
election
- The DOLE can intervene anytime (It is always their
discretion!)
Filing of the Petition for Certification Election
1. Who may file?
a. Legitimate Labor Organiztion
i. If chartered local, only file for PCE
2. Where to file?
a. Regional Office where the union operates (where the
union is registered)
b. Chartered local created by the Federation where the
union operates
3. When to file?
a. GR: Anytime!
b. Exception: When there is bars to certification election
(Rule VIII, Sec. 3)
i. Certification Year Bar / 1 year bar (after SEBA
certification or winning an election; if there is
a SEBA – has one year to arrive with a CBA
with the employer, prevent the situation to be
hampered from coming up with the CBA; if not
do this, can be replaced by a different) (No
union won but valid election – 1 year still
applies, still have to wait for one year!)
ii. Negotiation Bar – 1 year no CBA but no CBA
but negotiation must be sustained and done in
good faith (because the union is still doing its
job)
iii. Deadlock Bar – 1 year no CBA but there is a
deadlock or cannot agree (The union is doing
its job)
 iv. Contract Bar – establishment is organized and Example 1:
has an existing CBA (where the freedom period 200 employees
is counted – 60 day period is tacked inside the Union A - 80
period when there is an existing CBA) Union B - 35
No Union – 20
Raffle (not very important) Total of 135!

Notice of Preliminary Conference 1st Majority of the bargaining unit is majority of the eligible voters!
1. No set number of hearings but should not exceed 15 days (200 is eligible)
from preliminary conference. - Got 50% for the first majority (It corresponds to their want
2. Can question the union if they want to have a consent to be represented)
election. 2nd Majority by who they want to be presented (majority of the valid
a. If the answer is NO, then continue with the hearings. votes cast) (135 is valid vote cast) (69 is 2nd majority)
Allowed to present evidence. - Got 50% is Union A so they won

Decision on Petition for Certification Election Example 2:

1. Must be within 10 days from last hearing! 200 employees
2. Grounds for denying PCE (Rule VIII/IX, Sec. 14) Union A - 80
a. Two successive non-appearance in the hearing Union B - 35
b. No union registration No Union – 20
c. No charter certificate Spoiled Ballots – 5
d. Not in the list of the unions Total of 140
e. One of the Bars exist
3. For unorganized: Unappealable (otherwise the rest are 1st majority must count the spoiled ballots (because they are eligible
appealable) to vote!)
4. Appeal (Rule VIII): File Memorandum of Appeal to the RD  2nd majority must NOT count the spoiled ballots (remains at 135 and
Transmit records to OSEC  Reply (10/15 days)  DOLE not at 140!)
Sec’s decision
Example 3:
RD: Raffle to an Election Officer 200 employees
Union A - 40
Pre-election Conference Union B - 30
1. When granted, within 10 days from receipt of assignment and No Union – 80
completed within 3 days of first hearing Total of 150
2. Posting of notices (40-I-15) – 10 days before elections; 2
conspicuous places in the company premises 1st majority is MET!
2nd majority is MET! (76 votes) so NO UNION won!
Certification Election There was a valid election! 1 year bar rule kicks in! For 1 year no
1. Not later than 45 days from first pre-election conference union in the establishment!

Canvass of Votes Example 4:

200 employees
Transmit Records to Med-Arbiter Union A – 50
1. To issue an order to proclaim the results of the election Union B – 60
No Union – 70 Example 6:
Total of 180 160 employees
A – 50
1st majority met! B – 50
2nd majority NOT met! (91 votes) C - 60
Must proceed to qualify if there will be a RUN OFF election! No Union – 0
Total of 160
Run Off Election
1. No unresolved challenge or voter or election protest Edi ang labo dba!
2. Valid elections A + B = re-run??
3. 3 or more choices, including NO Union choice C = finals run-off???
4. Not one of the choices obtained majority of the valid votes
cast (2nd majority count)
5. Contending unions received 50% of the votes cast (So
including the spoiled ballots)

So Union A and B will be the one qualified to be contending for a

run-off election!
- Everyone can still vote in this run-off election
- “two highest votes!” (2 schools of thought)

Example 5:
500 employees eligible voters
300 voted
10 challenged votes
10 spoiled ballots
Union A – 60
Union B – 60
Union C – 50
No Union – 110
Total of 280 votes

1st majority met! 300! 150 is majority.

2nd majority NOT MET! (Challenged votes are valid votes until
resolved) So 280 (sabi ni Sir resolved na daw and not valid talaga
yung challenged! 141 is majority!)
So there must be a run-off election! (look for qualifications)

Re-run Elections
1. Failure of Elections
a. When there is NO first majority!
b. Can be done 5 days from the eledtion
2. To Break a Tie