LABOR REL REVIEWER ------REQUEST FOR SEBA CERTIFICATION IN AN
UNORGANIZED ESTABLISHMENT with ONE LLO-----
WAYS TO BECOME A SOLE AND EXCLUSIVE
BARGAINING AGENT (SEBA)
1. Certificate Election
2. Consent Election
3. SEBA Certification (DEPARTMENT ORDER NO. 40-I-
15)
Abstention- blank or unfilled ballot validly cast by an
eligible voter. It is not considered a negative vote.
However, it shall be considered a valid vote for purposes
of determining a valid election
Re-Run Election- election conducted to break a tie
between contending unions including between ”no
union” and one of the unions. It is also conducted in
case of a failure of election
Spoiled ballot- ballot that is torn, defaced, or contains
markings which can lead another to clearly identify the
voter who casts such vote
→ THE PROVISIONS ON VOLUNTARY
RECOGNITION IS REPEALED AND REPLACED BY
SOLE AND EXCLUSIVE BARGAINING AGENT
CERTIFICATION (SEBA CERTIFICATION)
----- A. REQUEST FOR SEBA CERTIFICATION-------
WHERE TO FILE?
Any Legitimate Labor Organization (LLO) may file a
request for SEBA Cert in the Regional Office which
issued its certificate of registration or creation or
chartered local
REQUIREMENTS
(N2aBAS)
1. Name & address of the requesting LLO;
2. Name of the company where it operates;
3. The bargaining unit (BGU) sought to be represented
4. The approximate number of employees in the BGU
5. The Statement of the existence/non-existence of other
LLO & CBA
ACTION OF THE REGIONAL DIRECTOR
1. Determine whether the requirements are sufficient.
2. Determine whether establishment is organized or
unorganized
Organized Establishment- A company where there is a
SEBA for a particular BGU
Unorganized Establishment –
A Company where there is no SEBA for a particular
BGU
Ex. A company when there is a SEBA for rank-and-file
employees but non for supervisors, it is still a
unorganized establishment with respect to supervisory
employees
3. Request a copy of the payroll from the employer for
purpose of SEBA Certification
4. If the requirements mentioned above is not yet
sufficient, the LLO is given 10 days to comply from
notice. After the 10-day period, the application is
considered withdrawn.
The Regional Director must call a CONFERENCE
WITHIN 5 DAYS FROM THE SUBMISSION OF:
1. Names of employees in the BGU who signify their
support for the certification. (MAJORITY CONSENT
NEEDED)
2. Certification under oath by the President of the LLO
that all documents are submitted and the documents are
true and correct and based on his/her personal
knowledge
→ Documents are presumed to be true and correct
unless an opposition under oath by any member of the
BGU
→ If the requirements are not complied, the Regional
Director must refer the application to an Election Officer
of the purpose of conducting a Certification Election (CE)
→ If the requirements are complete, the Regional
Director will issue, during the conference, a certificate to
the LLO as the SEBA of the BGU
→The Regional Director shall cause the posting of the
SEBA Cert for 15 days in at least 2 conspicuous places
in the establishment
EFFECT OF CERTIFICATION
1. Rights as a SEBA (AEROSAC)
2. Shall bar any Petition for Certificate Election
(PETCEL) from one year of issuance. Upon expiration,
any LLO may file a PETCEL, unless a CBA is executed
and registered with the Regional Office
-----REQUEST FOR SEBA CERTIFICATION IN AN
UNORGANIZED ESTABLISHMENT WITH MORE
THAN 1 LLO------
CERTIFICATE ELECTION WILL PROCEED
-----REQUEST FOR CERTIFICATION IN AN
ORGANIZED ESTABLISHMENT------
CERTIFICATE ELECTION
---B. CERTIFICATE ELECTION—
Certificate Election is the process of determining though
secret ballot the SEBA in the BGU.
WHO CAN FILE CERTIFICATE ELECTION
1. LLO
2. Employer; and
An employer can file a PETCEL only if:
a. When he is requested to bargain collectively; and
b. No existing CBA.
3. A Federation or national union, in behalf of its local
chapter
CIRCUMSTANCES THAT BAR CERTIFICATE
ELECTION (SEND-C)
1. SEBA CERTIFICATION YEAR BAR RULE;
One year from issuance of SEBA certification
2. ELECTION YEAR BAR RULE;
 One year from holding a valid certificate election
3. Negotiation Year Bar rule
One year from a valid election, when the union
chosen begins negotiations with employer. The bar rule
shall apply within one year from the commencement of
the negotiations
4. Deadlock Bar Rule
CBA negotiations resulted in a deadlock & the
deadlock has been submitted to conciliation or
arbitration or had become the subject of a notice of strike
or lockout.
5. Contract Bar Rule
Bars PETCEL except during the freedom period
provided that the CBA is REGISTERED with the
Regional Director
CONTRACT BAR RULE SHALL EXISTS:
1. Existence of an Unexpired CBA; and
2. No challenge on the representation status of the
SEBA during the freedom period.
WHERE TO FILE PETCEL?
1. Regional Office who issued the certificate of
registration or the creation of chartered local;
2. ONLINE
WHEN TO FILE PETCEL?
1. if ORGANIZED – during the freedom period
2. if UNORGANIZED- anytime
REQUIREMENTS to file PETCEL in an ORGANIZED
Establishment
1. Verified Petition by the LLO;
2. It must be made during the Freedom Period
3. Supported by at least 25% of the written consent of
the employees in the BGU.
→If the petition is supported by least 25%, the med-
arbiter shall automatically order the Election
→If it falls short, discretionary
→If totally unsupported, dismiss the petition
EFFECT OF WITHDRAWAL OF CONSENT
→ If the withdrawal or retraction of consent was made
BEFORE the filing of PETCEl, the med-arbiter may
dismiss the petition because in effect, the 25%
requirement is not followed. However, if the withdrawal
or retraction was made AFTER the filing of PETCEL, the
med-arbiter can still order the election because it is
presumed that the withdrawal was procured through
duress, coercion, or for valuable consideration. (Eagle
Ridge vs CA, G.R. No. 178989, March 18, 2010)
→The 25% consent requirement does not apply to:
1. PETCEL in an unorganized establishment;
2. PETCEL filed by employer; and
3. Motion for Intervention.
REQUIREMENTS to file PETCEL in an
UNORGANIZED Establishment
1. Verified Petition by the LLO;
2. No other SEBA present for the BGU
→THE PETCEL SHALL BE HEARD BY THE MED-
ARBITER
→When 2 or more petitions involving the same BGU are
filed in the Regional Office, the same shall be
automatically CONSOLIDATED with the med-arbiter
who first acquired jurisdiction. Where the petitions are
filed in different Regional Offices, the Regional Offices in
which the petition was first filed shall exclude others; in
which case, the latter shall include the petition to the
former for consolidation
→ The med-arbiter shall decide within 10 days from the
last hearing.
CONDUCT OF PRELIMINARY CONFERENCE
If no motion to dismiss is filed or it is denied Preliminary
Conference must be conducted which shall discuss:
(BCPOther)
1. The BGU to be represented;
2. The Contending labor unions;
3. Possibility of Consent Election;
4. Other related matters
If consent election has been agreed upon, the
preliminary conference will be converted into a pre-
election conference.
Consent Election- means the election voluntarily agreed
upon by the parties to determine the issue of majority
representation of all the workers in the appropriate
collective bargaining unit
→ If the parties cannot agree on a consent election, the
med-arbiter will issue a decision granting or denying the
PETCEL
CONDUCT OF CERTIFICATE ELECTION
→ GENERAL RULE: Employer is a mere bystander in
certification proceedings. He is only entitled to be
notified of the proceedings. However, he is obliged to
submit a payroll of the employees when requested by
the Regional Director.
EXCEPTIONS:
An employer may file a motion to dismiss on the
PETCEL based on the following grounds:
1. Lack of employer-employee relationship;
2. Lack of legitimacy on the part of the petitioning union:
a. Not listed in the roster of LLOs
b. LLOs registration is cancelled with finality
3. Lack of 25% written consent of the employees in the
BGU (ONLY APPLIES TO AN ORGANIZED
ESTABLISHMENT)
4. The BGU is not appropriate BGU
5. Election Year Bar Rule, SEBA Certification Year Bar
rule;
6. Banned by:
a. CBA
b. Negotiation Year Bar Rule;
c. Deadlock Bar Rule
7, Failure of petitioning union to appear 2 consecutive
scheduled conferences.
INTERVENTION
LLOs with substantial interest can intervene
Requirements are same with PETCEL in an organized
establishment.
SUSPENSION OF PROCEEDINGS
→Pendency of Petition for Cancellation of Registration
of an LLO is NOT a ground to suspend proceedings
→ However, a complaint for Unfair Labor Practice on the
ground that the union is company dominated, through
motion, may be suspended.
QUALIFICATIONS OF VOTERS; INCLUSION-
EXCLUSIONS
All employees who are members of the BGU within 3
months prior filing of PETCEL shall be eligible vote.
POSTING OF NOTICES
→ the med-arbiter shall cause the posting of notices.
At least 10 days before election in 2 conspicuous places
of the establishment a notice must be posted which
consists of: (DNDeV)
a. Date, Time, Venue of election, preferable written
within the establishment;
b. Names of contending Unions; and
c. Description of the BGU and list of eligible &
challenged voters.
→POSTING OF NOTICES CANNOT BE WAIVED
SECRECY AND SANCTITY OF THE BALLOT
Inspection by the election officer, authorized
representative of the contending unions of the polling
place before elections
No Device that could record or identify the voter or
otherwise undermine the secrecy and sanctity of the
ballot shall be allowed within the premises. However,
devices of the election officers are allowed within the
premises.
The election officer shall immediately notify the parties of
a re-run election. Posting then will be ensued.
The choice receiving the highest votes cast during the
re-run election shall be declared winner & certified
accordingly.
FAILURE OF ELECTION
There is a failure of election when:
1. The votes cast is LESS than the MAJORITY of the
NUMBER of eligible voters; and
2. There are NO MATERIALLY CHALLENGED VOTES
RUN-OFF ELECTION
This applies when:
1. Certificate Election with at least 3 choices (including
the choice “No Union”);
2. None of the choices obtained majority of the votes;
3. The total votes for all contending unions is at least
50% of the number of votes; and
4. There are no challenged votes, which can materially
alter the results.

CASTING OF VOTES Who can participate in a run-off election?

Any member of the BGU who is (untentionally??) Only the two labor unions receiving the highest number
omitted in the master list of voters may be allowed to of votes can participate. “No Union” shall not be choice
vote if both parties agree, otherwise, his vote is in a run-off election.
segregated.
APPEAL FROM CERTIFICATE ELECTION ORDERS
CHALLENGING OF VOTES 1. Unorganized establishment
The authorized representative of any union of the a. An order granting the conduct of CE- NOT
employer can challenge the vote on the ground of: APPEALABLE
1. Voter not an employee of the company; b. Order dismissing the petition- APPEALABLE TO
2. Dismissed employee (If a case for illegal dismissal SECRETARY OF LABOR WITHIN 5 days of RECEIPT
was filed by the employee, the decision regarding his
dismissal must be FINAL) 2. Organized Establishment
3. Not part of the BGU a. Order granting or dismissing CE
APPEALABLE TO THE SECRETARY OF LABOR
HANDLING OF CHALLENGED VOTES WITHIN 10 DAYS FROM RECEIPT THEREOF
1. The election officer shall place the challenged ballot &
seal the same in the presence of the VOTER,
EMPLOYER, & the REPRESENTATIVES of the
contending unions;
2. Indicate on the envelope the voter’s name, the party
challenging the voter & the ground for the challenge;
3. Sign the sealed envelope together with the employer
& representatives of the union
4. The election officer must record the challenges; and
5. The challenged votes must be consolidated.

PROTEST
Any contending union may file a protest based on the
CONDUCT OR MECHANICS OF THE ELECTION.
Protest not so raised immediately after the last ballot are
deemed waived.

Reservation to file protest is not allowed.

CERTIFICATION OF SEBA AFTER ELECTIONS

The union which obtained a majority of the Valid Votes
cast shall be SEBA within 5 days from the day of
election provided that no protest is made.

WHEN SEALED BALLOTS BE OPENED?

The sealed envelopes shall be opened ONLY when the
numbers of segregated voters will materially alter the
results of the election.

RE-RUN ELECTION
election conducted to break a tie between contending
unions including between ”no union” and one of the
unions. It is also conducted in case of a failure of
election