CERTIFICATION ELECTION PROCEEDINGS
Batangas Provincial
Office
Certification Election
Process of determining through secret ballot the sole and exclusive bargaining representative of the employees in an appropriate bargaining unit for purposes of collective bargaining or negotiation.
voluntary recognition certification election or consent ele
ction run-off election
Modes Determination of Representation status:
Certification Election Proceeding
START - File petition at DOLE Regional Office where union/local is
registered
Raffle Case to Mediator-Arbiter
Is petitioner
registered?
NO – Issue order of Dismissal within 5 days from receipt of
petition
YES - Summon all parties, cause posting of notice of preliminary conference and the petition for
certification election in at least two conspicuous places in the
establishmentEND
A
A
Conduct preliminary conference
Voluntary recognition?
Consent election?
YES – Enter the fact of voluntary recognition
in the minutes & parties to comply with requirements of Sec. 2, Rule VII of D.O. 40-03
within 30 days
YES – Enter the fact of consent election in the minutes & immediately forward case folder for conduct of pre-
election conference
NO
CB
F
Certification Election Proceeding
CB
Complied?
YES – Record the fact of VR in roster of legitimate labor
unions
NO – Mediator-Arbiter conducts hearings & resolves the petition
CE Granted?Unorganized
?YES – Automatic conduct of pre-
election conference & certification
election
NO – Order may be appealed to DOLE Secretary (Sit. 1) CE Granted in Organized Establishment – Order may be appealed to
DOLE Secretary (Sit. 2)
D
Certification Election Proceeding
D
Appeal?
YES – Regional Director to
transmit entire records to the Office of the
Secretary upon receipt of the
Memorandum of Appeal
NO – In Sit. 1, Order of dismissal becomes Final &
Executory
NO – In Sit. 2, Order for conduct
of CE becomes Final & Executory
END
E
F
Certification Election Proceeding
E F
CE Granted?Sustained by OSEC?
NO – Order of Dismissal within 15
days from submission for
Resolution
YES – Regional Director raffle to Election Officer
Election Officer conducts Pre-Election Conference (PEC)
Election Officer accepts certificate of creation from an unregistered local/chapter or a
federation/national union representing an unregistered local/chapter
G
Certification Election Proceeding
G
Election Officer Conducts Certification Election (CE)
Protest?
NO – Mediator-Arbiter proclaims
& certify winner of the certification election as Sole and Exclusive
Bargaining Agent
YES – Mediator-Arbiter resolves
the protest observing the
same procedure in petition for certification
election
ENDH
Certification Election Proceeding
Appeal to DOLE Secretary?
END
H
NO – Mediator-Arbiter’s Decision becomes Final &
Executory
YES – Office of the Secretary Decides over the Protest
END
Certification Election Proceeding
THANK YOU!
Top Related