Re: CERTIFICATION ELECTION

I. Applicable Laws
===============
Certification
in
Unorganized
Establishment with Only
One (1) Ligitimate Labor
Organization
DOLE Department Order No. 40-I-15 has expressly repealed the
process referred to as Voluntary Recognition and instead replaced
it with the process referred to as Request for Sole and Exclusive
Bargaining Agent (SEBA) Certification.
Under the new regulation, any Legitimate Labor Organization may
file a request for SEBA Certification in the Regional Office which
issued its Certificate of Registration or Certificate of Creation of
Chartered Local.1
The request for SEBA Certification must indicate the following2:
a) name and address of the requesting Legitimate Labor
Organization;
b) name and address of the company where it operates;
c) the bargaining unit sought to be represented;
d) approximate number of employees in the bargaining unit; and
e) statement of the existence/non-existence of other Labor
Organization/CBA.
Additionally, the Certificate of Registration duly certified by the
president of the Requesting Union or Certificate of Creation of
Chartered Local duly certified by the president of the Federation of
the local, must be attached to the request.
In cases wherein the Regional Director finds the establishment
unorganized, and that such establishment
only has one (1)
Legitimate Labor Organization, a validation proceeding shall be
called within five (5) days from such finding by the Regional
Director.3
In such instance, the Legitimate Labor Organization shall also be
required to submit the following information:
a) the names of employees in the covered bargaining unit who
signify their support for the Certification, provided that said
1 Section 1, Rule VII of DOLE DO No. 40-I-15, series of 2015.
2 Section 2, Rule VII of DOLE DO No. 40-I-15, series of 2015.
3 Section 3, Rule VII of DOLE DO No. 40-I-15, series of 2015.

employees compromise at least majority of the number of

employees in the Covered Bargaining Unit; and
b) Certification under oath by the president of the Requesting
Union or Local that all documents submitted are true and
correct based on his/her personal knowledge.
If the Regional Director finds the above-requirements complete,
then the Labor Organization will be issued with the Certification as
Sole and Exclusive Bargaining Agent. The SEBA certification shall be
posted for fifteen (15) consecutive days in at least two (2)
conspicuous places in the establishment or covered bargaining unit.
Finally, upon the issuance of the Certification as Sole and Exclusive
Bargaining Agent, the Certified Union or Local shall enjoy all rights
and privileges of an Exclusive Bargaining Agent of all the employees
in the Covered Bargaining Unit.4

4 Secteion 4.2, Rule VII of DOLE DO No. 40-I-15, series of 2015.