Question & AnswerQ&A (BLR Department Order No. 40-I-15)
'Abstention' refers to a blank or unfilled ballot validly cast by an eligible voter. It is not considered a negative vote but shall be considered a valid vote for the purposes of determining a valid election.
A 'Re-run Election' refers to an election conducted to break a tie between contending unions, including between 'no union' and one of the unions. It also refers to an election conducted after a failure of election has been declared and/or affirmed by the mediator-arbiter.
A 'Spoiled Ballot' is a ballot that is torn, defaced, or contains markings which can lead another to clearly identify the voter who cast such vote.
The request for SEBA certification must be filed in the Regional Office which issued its certificate of registration or certificate of creation of chartered local.
The request must indicate the name and address of the requesting labor organization, the company where it operates, the bargaining unit sought to be represented, the approximate number of employees in the bargaining unit, and the existence or non-existence of other labor organizations or collective bargaining agreements. Certificates of registration or chartered local creation must also be attached.
Within one day from submission of the request, the Regional Director shall determine compliance, request a copy of the payroll, and if deficiencies are found, notify the requesting union to comply within ten days, failure of which is deemed withdrawal of the request.
The Regional Director shall call a conference within five working days for the submission of names of employees supporting the certification and a certification under oath by the union president. If requirements are complete, certification as sole and exclusive bargaining agent is issued and posted for 15 days.
The certified union enjoys the rights and privileges of an exclusive bargaining agent of all employees in the bargaining unit. The certification bars the filing of a petition for certification election by any labor organization for one year, unless a collective bargaining agreement is executed and registered.
The employer is considered a by-stander and must not harass, intimidate, threaten, or coerce employees before, during, and after elections. The employer's participation is limited to being notified of petitions and submitting the list of employees during the pre-election conference if the mediator-arbiter allows the petition.
All employees who are members of the appropriate bargaining unit three months prior to filing of the petition/request are eligible to vote. Employees dismissed but contesting their dismissal in appropriate jurisdiction at the time of the election order are also qualified unless dismissal was validly declared.
A re-run election shall be conducted. The election officer shall notify parties immediately, post notice within five days from the certification or consent election, and conduct the re-run within ten days. The choice receiving the highest votes in the re-run is declared the winner.
The Regional Director or authorized DOLE personnel and/or the petitioner shall be responsible for posting the notice of petition for certification election.
No device that could record or identify the voter or undermine the secrecy of the ballot is allowed except those used by the election officer. Unauthorized devices found will be confiscated and returned only after the election.
The mediator-arbiter must release the order or decision within ten days from the last hearing and personally deliver it to the parties with a copy furnished to the employer.
They include cancellation of labor organization registration, conduct or nullification of union elections, audit of union funds, deregistration of collective bargaining agreements, validity of union affiliation or membership, impeachment/expulsion of officers, validity of SEBA certification, opposition to registration, and other related labor relations disputes.