Definitions (Rule I, Section 1)
- Abstention: Valid blank ballot, counts as valid vote but not negative.
- Re-run Election: Election to resolve a tie or election failure.
- Spoiled Ballot: Defaced or identifiable ballot.
Request for Sole and Exclusive Bargaining Agent (SEBA) Certification (Rule VII)
- Legitimate labor organizations may file for SEBA certification with relevant Regional Office.
- Request must include: name/address of labor org and company, bargaining unit info, number of employees, existence of other unions or CBAs, with certified registration documents.
- Regional Director acts within 1 day to verify request completeness; 10-day compliance period.
- If establishment unorganized with one union, validation conference held to submit supporting employee endorsements.
- Employer is by-stander during validation.
- If requirements incomplete, election conducted.
- Upon validation, certification issued and posted 15 days.
- Certification grants exclusive bargaining rights for one year barring election petitions, unless a CBA exists and is registered.
- For unorganized establishments with multiple unions, election is conducted.
- For organized establishments, determination on election propriety by Mediator-Arbiter.
Certification Election (Rule VIII)
- Eligible petitioners include legitimate labor organizations and employers requesting collective bargaining.
- Employers are not parties but may submit employee lists.
- Contract-bar rules apply if unexpired CBA exists or no challenge during freedom period.
- Petitions filed at Regional Office where union registered; online filing option available.
- Multiple petitions consolidated.
- Notice of petition posting responsibility lies with Regional Director or petitioner.
- Decision released within 10 days after last hearing.
Conduct of Certification Election (Rule IX)
- Employer role strictly as by-stander; harassment or coercion prohibited.
- Voter eligibility: employees in bargaining unit for 3 months prior.
- Dismissed employees contesting dismissal may vote unless dismissal final.
- Contested voters allowed to vote; votes sealed separately.
- Notice of election posted at least 10 days prior in company premises.
- Secrecy of ballot strictly enforced; devices compromising secrecy confiscated.
- Voting marked by cross/check; spoiled ballots replaceable.
- Omitted voters admitted with agreement or vote segregated.
- Election protests must be raised immediately and formalized within 5 days; unstated or untimely protests waived.
- Majority vote winner certified within 5 days, provided no protest.
- Re-run election conducted if tie occurs; notice posted within 5 days; election within 10 days.
Inter/Intra-Union and Related Disputes (Rule XI)
- Coverage includes registration cancellation, election validity, audit of funds, CBA deregistration, union membership acceptance, impeachment, SEBA certification validity, union affiliation, constitutional violations, chartering disagreements, rights violations, and related disputes.
General Provisions
- Supersedes inconsistent prior rules and issuance.
- Separability clause ensures unaffected provisions remain valid if part declared invalid.
- Effective 15 days after publication in two newspapers.
This encapsulation captures the essential modifications, provisions, and procedures governing union certification, elections, disputes, and related labor relations under the amended rules.