QuestionsQuestions (LEB MEMORANDUM ORDER NO. 13, S. 2018)
An abstention is a blank or unfilled ballot validly cast by an eligible voter. It is not considered a negative vote, but it is treated as a valid vote for purposes of determining whether a valid election was held.
A re-run election is an election conducted to break a tie between contending unions, including between “No Union” and a union, and it may also be conducted after a failure of election declared by the election officer and/or affirmed by the Mediator-Arbiter.
A spoiled ballot is one that is torn, defaced, or contains markings that can lead another person to clearly identify the voter who cast it.
Rule VII, on Voluntary Recognition, is repealed and replaced with a new Rule VII titled “Request for Sole and Exclusive Bargaining Agent (SEBA) Certification.”
It must be filed with the Regional Office that issued the union’s certificate of registration or the certificate of creation of its chartered local.
The request must indicate: (1) the union’s name and address; (2) the company’s name and address; (3) the bargaining unit sought; (4) approximate number of employees in the bargaining unit; and (5) the statement of existence/non-existence of other labor organizations/CBA. The request must attach the union’s certificate of registration duly certified by the President (or charter local certificate of creation duly certified by the President of the federation).
Within one day, the Regional Director must determine compliance with the requirements and whether the bargaining unit is organized, and then request a copy of the payroll for purposes of SEBA certification.
Failure to comply within the prescribed period is deemed withdrawal of the SEBA certification request.
The Regional Director calls a conference within five workdays for submission of: (1) the names of employees in the bargaining unit who signify support, provided they are at least a majority of employees in the bargaining unit; and (2) an oath certification by the union/local President that the submitted documents are true and correct based on personal knowledge.
The employer or any representative of the employer is not deemed a party-in-interest; it is treated only as a by-stander to the certification process.
The request is referred to the election officer for the conduct of an election pursuant to Rule IX.
Upon issuance, the certified union enjoys the rights and privileges of an exclusive bargaining agent for all employees in the covered bargaining unit. The certification bars filing of a petition for certification election for one (1) year from issuance. After one year, another organization may file a petition for certification election in the same bargaining unit unless a CBA has been executed and registered under the rules.
No. The employer is not considered a party thereto with the right to oppose. Employer participation is limited to being notified/informed and submitting the list of employees during the pre-election conference if the Mediator-Arbiter acts favorably. Certain facts aiding expeditious resolution (e.g., contract-bar, one-year bar, deadlock bar) may also be manifested.
All employees who were members of the appropriate bargaining unit three months prior to filing are generally eligible. If there is disagreement over the voters’ list or eligibility, contested voters are allowed to vote, but their votes are segregated and sealed in individual envelopes.
A protest must be recorded in the minutes immediately after the last ballot is cast and must be formalized with the Mediator-Arbiter with specific grounds, arguments, and evidence within five (5) days after the close of election proceedings. If not recorded and formalized within the period, it is deemed dropped.