EUREKA JANE S.

RIVERA

WAYS TO DETERMINE SOLE & EXCLUSIVE BARGAINING AGENT [ (SEBA) under D.O. 40-I-15]

CERTIFICATION ELECTION
RUN-OFF CONSENT
VOLUNTARY ELECTION ELECTION
RECOGNITION Unorganized Organized

1. An employer, when 1. A legitimate labor  Only the two Contending

requested to bargain organization; labor union unions agreeing
collectively; receiving the on the holding of
2. a federation or national
highest number a certification
2. a legitimate labor union, in behalf of its
of votes can election.
organization; local chapter that has been
participate in a
issued a Charter
3. a federation or national run-off
Certificate.
union, in behalf of its election.
local chapter that has 3. An employer, when
 “no-union”
been issued a Charter requested to bargain
WHO MAY shall be a
Certificate. collectively.
Any legitimate labor organization. choice in a
FILE run-off
election.
 The same
voter's list used
in the
certification
election shall
be used in the
run-off
election.
 During the freedom period which After conduct of At any time
is the last 60 days in a Collective certification of during the
Bargaining Agreement. election where none of preliminary
the choices obtained a conference
majority of the valid conducted by the
votes cast, and total Med-Arbiter
no. of votes for all handling the
WHEN TO FILE Any time Any time.
contending unions is issue.
at least 50% of the
total no. of votes cast
without challenged
ballots which can
materially alter the
results.

1. DOLE Regional Office which issued the petitioning

In the DOLE Regional Office union's Certificate of Registration or Certificate of Creation
WHERE TO which issued its Certificate of of Chartered Local; or
FILE Registration or Certificate of
2. At the Option of the Petitioner, a Petition for Certification
Creation for Chartered Local.
of Election may be filed online.

REQUIREMENTS The request for Certification shall 1. No certified bargaining 1. Must have an existing 1. A certification The contending
OR CONDITIONS indicate the following: agent; sole and exclusive of election unions a)
bargaining agent; with at least voluntarily
 names and addresses of 2. Filing is initiated by a
three (3) agree to hold the
the requesting legitimate legitimate labor 2. Petition is verified;
choices has certification of
organization; organization;
3. Petition questioning the been election at the
 name and addresses of the 3. Petition need not be majority status of the conducted; preliminary
company where it verified. incumbent bargaining conference
2. none of the
 operates; agent is filed before the said choices conducted by the
DOLE with the 60-day obtained a Med-Arbiter; b)
 bargaining unit sought to freedom period; majority of the the contending
be represented; valid votes unions agree to
4. Petition is supported by
 approximate number of cast; hold a Consent
the written consent of at
employees in the unit; and Election.
least 25% of ALL 3. the total votes
 statement of the existence employees in the for all
or non-existence of other bargaining unit; contending
labor organization/CBA. unions is at
5. to be a valid election, at
least 50% of
The said request shall also be least a majority all
the no. of votes
accompanied by the following as eligible voters in the said
cast; and
attachments thereto: unit must cast their votes.
4. there are no
1. Certificate of Registration challenged
created by the President of ballots which
the requesting union; or can materially
2. Certificate of Creation of alter the
Chartered Local as duly results.
certified by the President
of the federation of the
local chapter.

PROCEDURE Step 1: A request for SEBA shall  Petition for  Verified petition 1. Election During the
be filed with the aforecited Certification of Election questioning the majority officer shall preliminary
authority. shall be filed; shall be filed; motu proprio conference of the
conduct a run- Med-arbiter,
Step 2: Action of the Director  Notice of Petition for  Notice of Petition for off election should the
on the request within one day Certification of Election Certification of Election within 10 days contending
from submission of the such shall be posted by: shall be posted by: from the close parties agree for
request.
◦ DOLE Regional ◦ DOLE Regional of the election a Consent
  determine whether request Director; or Director; or proceedings Election, the
is compliant with the between the Med-Arbiter
◦ DOLE Regional ◦ DOLE Regional
requirements labor unions shall schedule a
Personnel; or Personnel; or receiving the pre-election
aforementioned;
◦ Petitioner itself. ◦ Petitioner itself. two highest no. conference to
(Note: If insufficient the Regional of votes; discuss the
Director shall advise the  DOLE Regional  DOLE Regional Director mechanics of the
requesting union or local to Director shall assign to shall assign to Med- 2. same voter's
election.
comply within 10 days from Med-Arbiter; Arbiter; list used in the
Notice. Failure to comply from certification
such notice shall be deemed  Raffle of the petition, in  Raffle of the petition, in election shall
withdrawal of such request) the presence of the the presence of the be used in the
Petitioner, as to which Petitioner, as to which run-off
 determine whether the Med-Arbiter shall Med-Arbiter shall conduct election;
bargaining unit sought to conduct the hearing; the hearing;
be represented is 3. the labor union
organized or not; and  Med-Arbiter handling  Med-Arbiter handling the receiving the
the petition shall petition shall conduct a higher no. of
 request a copy of the conduct a preliminary preliminary conference valid votes cast
payroll for purposes of conference within 10 within 10 days from shall be
SEBA Certification days from receipt of receipt of Petition; certified as the
pursuant to Sec. 4 of D.O. Petition; winner.
40-I-15. ◦ Preliminary
◦ Preliminary conference is
IF UNORGANIZED: conference is conducted for the
1. if only one legitimate conducted for the purpose of
labor org. purpose of determining:
determining:
 Regional Director shall ▪ bargaining unit to
call a conference within 1. bargaining unit be represented;
five working days for the to be
represented; ▪ contending
submission of the ff:
laborunions;
2. contending
 ◦ names of employees in
the covered bargaining
unit who signify
support for
certification and these
employees comprise at
least majority of the
no. of employees in
the covered said unit;  If contending unions
and
◦ certification under
oath by the president
that all documents
submitted are true and
correct based on his
personal knowledge.
2. if more than one
legitimate labor
organization
◦ the Regional Director
 If the petition is not
shall refer it to the
election officer for
conduct of certificate
election.
IF ORGANIZED
 Regional Director shall  A notice of Election
refer it to the Med-Arbiter
laborunions;
3. possibility of a
consent election;
and
4. other relevant
matters.
fail to agree to a consent
election during the said
conference, Med-
Arbiter shall issue
decision or order either
dismissing the petition
on the grounds stated in
Sec. 14, Rule VIII, IRR
or order the holding of a
certification election,
copy furnished the
employer.
dismissed and order
above stated becomes
final and executory, an
Order calling for a Pre-
Election Conference
shall be issued by the
Med-Arbiter;
shall likewise be posted
▪ possibility of a
consent election;
and
▪ other relevant
matters.
 If contending unions fail
to agree to a consent
election during the said
conference, Med-Arbiter
shall issue decision or
order either dismissing the
petition on the grounds
stated in Sec. 14, Rule
VIII, IRR or order the
holding of a certification
election, copy furnished
the employer.
 If the petition is not
dismissed and order above
stated becomes final and
executory, an Order
calling for a Pre-Election
Conference shall be
issued by the Med-
Arbiter;
 A notice of Election shall
likewise be posted at least
10 days before the actual
date of the election, in
 for determination and
propriety of conducting a
certification election.
Step 3: Regional Director shall
act on submission:
IF REQUIREMENTS ARE
INCOMPLETE:
 the request shall be
referred to an election
officer for the conduct of
election.
IF COMPLETE:
 Regional Director shall
issue, during a conference,
a Certification as Sole and
Exclusive Bargaining
Agent (SEBA) enjoying
the rights and privileges of
an exclusive barganing
agent to all employees in
the covered bargaining
unit.
 Regional Director shall
cause the posting of SEBA
Certification for 15
consecutive days in at
least two (2) conspicuous
places in the establishment
at least 10 days before two most conspicuous
the actual date of the places in the company
election, in two most premises, indicating the
conspicuous places in ff:
the company premises,
◦ date and time of the
indicating the ff:
election;
◦ date and time of the
◦ names of all
election;
contending unions;
◦ names of all
◦ description of the
contending unions;
bargaining unit; and
◦ description of the
◦ list of eligible and
bargaining unit; and
challenged voters.
◦ list of eligible and
 The Election Officer
challenged voters.
handling such election
 The Election Officer after a duly raffle
handling such election proceeding shall conduct
after a duly raffle the election after due
proceeding shall posting of notice of
conduct the election election and on the date
after due posting of stated in the said notice;
notice of election and
on the date stated in the  Canvassing of Votes;
said notice;  Proclamation and
 Canvassing of Votes; Certification of the result
of the election.
 Proclamation and
Certification of the
result of the election.
 or covered bargaining
unit.

Re-Run Election shall be conducted when, a certification, consent, or run-off election resulted into a tie
between the two (2) choices, the Election Officer shall immediately notify the parties of a Re-Run Election.
The Election Officer shall cause the posting of the Notice of Re-Run Election within Five (5) days from the
RE-RUN Certification, Consent, or Run-off Election.
No Re-Run Election
ELECTION The Re-Run Election shall be conducted within ten (10) days after the posting of notice.
The Choice receiving the highest votes cast during the re-run election shall be proclaimed as the winner and
shall be certified accordingly.