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I. (1) what to expect from an upcoming certification election by way of…

- - - - CASTING OF VOTES
        [Sec. 10, Rule IX, OMNIBUS RULES IMPL. PD 442]
        Voter must put a cross or check in the square opposite the name of the chosen union or "no union"
        
        DEFECTS IN CASTING OF VOTES
        
        If a voter inadvertently spoils a ballot.
        a. Spoiled ballot - the ballot is torn, defaced, or contain markings which can lead another to clearly identify the voter who casts such vote [Rule I, Sec. 1, D.O. 40-I-15]]
        
        If a voter is unintentionally omitted from the master list
      - CHALLENGING OF VOTES
        [Sec. 11, Rule IX, OMNIBUS RULES IMPL. PD 442]
        
        WHEN: during the pre-election conferences
        
        PROCEDURE:
        a. Challenges votes must be placed in an envelope.
        b. The envelope must be sealed by the Election Officer in the presence of the votes and the representatives of the contending Unions.
        c. Contents of envelope:
        i. name of voter
        ii. union challenging the vote
        iii. grounds for challenges
        iv. signature of Election Officer and the representatives of the contending unions
      - IN GENERAL
        [D.O. 40-I-15]
        WHO MAY FILE: Any party-in-interest
        GROUND: Must be on the conduct or mechanics of the election
        HOW:
        
        Recorded in the minutes of the election proceedings
        
        Must be formalized within the prescribed period. If not, the protest is deemed dropped
        WHEN: must be filed before the last ballot is cast.
        CONTENTS: Must contain specific grounds for protest
        
        HOW TO FORMALIZE A PROTEST
        
        Must be formalized before the Med-Arbiter
        
        Must specify grounds, arguments, and evidence
        
        Must be within 5 days after the close of election proceedings
        
        ELECTION PROCEEDINGS INCLUDE: [D.O. 40-03]
        
        Start of the opening to the closing of the polls
        
        Counting, tabulation, and consolidation of the votes
        
        ELECTION PROCEEDINGS EXCLUDE: [D.O. 40-03]
        
        Period for the final determination of the challenged votes
        
        Period for the canvassing of the challenged votes
        
        EFFECT OF LATE FILING OF PROTEST
        Grounds of protests not raised before the close of the proceedings and duly formalized within five (5) days after the close of the election proceedings are deemed waived
        
        "PARTY-IN-INTEREST"
        party who stands to be benefited or injured by the judgment in the suit or the party entitled to the avails of the suit [Biraogo v. Philippine Truth Commission]
    - - REQUIREMENTS FOR A WINNING UNION TO BE SEBA:
        
        Must garner majority of the valid votes case [Sec. 16, Rule IX, Book V, OMNIBUS RULES IMPL. PD 442]
        
        There's no protest recorded in the minutes of the election.
        
        If the winning union is a local chapter without certificate of creation of a chartered local, its certificate of creation must be submitted within 5 days from date of election.
      - FAILURE OF ELECTIONS:
        There is failure of elections when:
        
        the number of votes cast is less than the majority of the number of eligible voters
        
        there are no material challenged votes
        
        EFFECT OF FAILURE OF ELECTIONS
        
        Shall not bar the filing of a motion for the immediate holding of another certification or consent election within six (6)
        months from date of declaration of failure of election
  - - - There may be protests that there were misrepresentations by the union during the election or campaign
        [DHL Philippines Corp. United Rank and File Asso.-Federation of Free Workers vs. Buklod ng Manggagawa ng DHL Philippines Corp.]
        
        A certification election may be set aside when:
        
        a material fact has been misrepresented in the campaign;
        
        an opportunity for reply has been lacking; and
        
        the misrepresentation has had an impact on the free
        choice of the employees participating in the election.
      - Employer may file a notice of protest against the conduct of the certification election to question validity of voter's list
        [Notre Dame of Greater Manila v. Laguesma]
        
        Only the employees themselves, being the real parties-in-interest, may question their removal
        from the voters’ list
      - There may be protests to set aside a certification election alleging that it was held under circumstances that manifested lack of fairness
        [United Employees Union of Gelmart Industries Philippines
        (UEUGIP) vs. Noriel]
        
        A general allegation of duress is not sufficient to invalidate a certification election; it must be shown by competent and credible proof. [UEIGIP v. Noriel]
  - - - It is prohibited to file for a certification election when: 1.)when the petition is filed within one year from the date of issuance of a final certification election result; or 2.) when a bargaining deadlock had been submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout
        [Labor Code Article 270]
    - - May only be a ground for cancellation of union registration if:
        [LC 247]
        
        1.) Misrepresentation, false statement or fraud in connection with the adoption
        or ratification of the constitution and by-laws or amendments thereto, the minutes of
        ratification, and the list of members who took part in the ratification;
        
        2.) Misrepresentation, false statements or fraud in connection with the election
        of officers, minutes of the election of officers, and the list of voters
        
        3.) Voluntary dissolution by the members.
    - - Falsified signatures may be alleged to dismiss the petition for certification election
        [National. Mines and Allied Workers Union vs. Secretary of Labor]
        
        Removing the falsified signatures; if the consent signatures still consist of at least 25% of the union members then the petition remains valid
        [National. Mines and Allied Workers Union vs. Secretary of Labor]
      - It may be alleged that the consent signature were acquired by duress, force, intimidation or was prematurely signed to dismiss the petition for certification election
        [Oriental Tin Can Labor Union vs. Secretary of Labor and
        Employment]
        
        Withdrawal of the forced members from the union would not nullify the petition for certification election **because
        a petition for certification election is not necessary where the employees are one in their choice of a representative in the bargaining process
        [Oriental Tin Can Labor Union vs. Secretary of Labor and Employment]
      - Protests regarding the timely submission of the consent signature required for the certification election in organized establishments
        [Labor Code Article 268]
        
        The submission of consent signature does not have to be filed "simultaneously" with the petition for certification election.
        The mere filing of a petition for certification election within the freedom period is sufficient basis for the issuance of an order for the holding of a certification election, subject to the submission of the consent signatures within a reasonable period from such filing
        [Port Workers Union of the Philippines v Laguesma]
        
        In a petition in intervention by another union
        on the matter of certification election, 25% consent signatures does not need to be filed with it
        [Port Workers Union of the Philippines v Laguesma]
    - - Employees’ ratification of the CBA did not nullify
        the petition for certification election and the 25% support requirement was a mere technicality that would be resolved by the holding of the certification election.
        [Oriental Tin Can Labor Union v. Secretary of Labor
- - - - Rule XI (3) Qualification of Voters)
        
        Rule IX S. 7 (Notice Requirement)
        
        POSTING OF NOTICE
        Who: Election Officer and/or authorized DOLE personnel shall cause the posting
        What: Notice of Election
        Where: 2 most conspicuous places in the company premises
        When: At least ten (10) days before the actual election date
        
        CONTENTS OF NOTICE
        
        Date and time of the election
        
        Names of all contending unions
        
        Description of the bargaining unit
        
        List of eligible and challenged voters
        
        POSTING OF LIST OF EMPLOYEES - Posting of the list of employees comprising the bargaining unit shall be done by the DOLE personnel
        
        WHAT CANNOT BE WAIVED - The contending unions or employer cannot waive the following:
        
        Posting of the notice of election
        
        Information required to be included therein
        
        Duration of the posting
        
        ELIGIBLE VOTER - Eligible voter refers to a voter belonging to the appropriate bargaining unit that is the subject of the petition for certification election.
        
        WHO ARE ELIGIBLE TO VOTE - All employees who are members of the appropriate bargaining unit three (3) months prior to the ffiling of the petition shall be eligible to vote.
        
        RANK-AND-FILE EMPLOYEES - All rank-and-file employees in the appropriate bargaining unit, whether probationary or permanent are entitled to vote.
        
        DISMISSED EMPLOYEES
        General Rule: Dismissed employees who contested the legality of the dismissal in a forum of appropriate jurisdiction at the time of the issuance of the order for conduct of a certification election are considered qualified voters.
        Exception: Unless their dismissal was declared valid in a final judgment at the time of the conduct of the certification election
        
        DISAGREEMENT OVER VOTERS' LIST OVER ELIGIBILITY OF VOTERS - In case of disagreement over voters' list over eligibility of voters, all contested voters shall be allowed to vote but their votes shall be segregated and sealed in individual envelopes.
        
        1 more item...
        
        Note:
        Rule VIII, Sec. 14(f) and Rule IX, Sec.6 refer to employees as those employed 3 months prior to the issuance of the order/the filing of hte petition for certification election while Rule IX, Sec. 3 reckeon the period of employment from the "time of filing the petition."
        This difference has not been resolved in any case before the Supreme Court.
      - Notice (Rule IX, Book V, S. 3)
        
        WHO ISSUES NOTICE - The Election Officer shall cause the issuance of notice of pre-election conference upon the contending unions
        
        WHEN ISSUED - The notice is issued within 24 hours from the Election Officer's receipt of asignment for the conduct of a certification election
      - SCHEDULE OF PRE-ELECTION CONFERENCE - The pre-election conference must take place within 10 days from receipt of the assignment.
        It must then be completed within 30 ddadys from the date of the first hearing.
        
        EMPLOYER MUST SUBMIT - The employer must submit the following:
        
        Certified list of emplloyees in the bargaining unit; or where necessary,
        
        Payrolls covering the members fo the bargaining unit at the time of the filing of petition
        
        CONSEQUENCES OF FAILURE TO APPEAR - Failure of a party to appear during pre-election conference notice despite notice shall be considered a waiver of the following rights:
        
        Right to be present; and
        
        Right to question or object to any of the agreements reached in the pre-election
        
        However, it will not deprive the non-appearing party of the following rights:
        
        Right to be furnished notices
        
        Right to attend subsequent pre-election conferences
        
        MINUTES OF PRE-ELECTION CONFERENCE; WHO KEEPS - The Election Officer shall keep the minutes of matters raised and agreed upon
        
        MINUTES OF PRE-ELECTION CONFERENCE; SIGNATURES - The parties shall acknowledge the completeness and correctness of entries in the minute by affixing their signatures.
        When the parties refuse to sign the minutes,s the Election Officer shall note such fact in the minutes, including the reason for refusal to sign the same.
        In all cases, the parties shall be furnished a copy of the minutes.
    - - ROLE OF THE ELECTION OFFICER - The Election officer has control of two distinct stages of the proceedings:
        
        Pre-Election Conference
        
        Election Proceedings Proper
  - - - HOW APPEALED - A memorandum of appeal, verified under oath. This must specifically state the grounds relied upon by the appellant with the supporting arguments and evidence.
        
        EFFECT OF APPEAL - Prevents the holding of any certification election for the duration of the appeal.
        
        DURATION - The SOLE must resolve the appeal within a (15) day period counted from receipt of the entire records of the petition to decide the appeal.
        
        FINALITY - This decision attains finality and becomes executory within (10) days from receipt by the parties.