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CERTIFICATION ELECTION - Coggle Diagram

- - - - Only one LLO in establsihment which is filing
        
        SEB A CERTIFICATION
      - Contending unions agree to consent election
        
        CONSENT ELECTIONS
      - GROUNDS FOR DENIAL (Book V, Rule VIII, Sec. 15.)
        The Mediator-Arbiter may dismiss the petition on any of the following grounds:
        
        the petitioning union or national union/federation is not listed in the Department?s registry of legitimate labor unions or that its registration certificate has been cancelled with finality
        
        failure of a local/chapter or national union/federation to submit a duly issued charter certificate upon filing of the petition for certification election;
        
        3. Bars to Certification Election exist:
        a. One-year bar rule
        b. Negotiation bar rule
        c. Deadlock bar rule
        d. Contract bar rule
        
        in an organized establishment, the failure to submit the twenty-five percent (25%) signature requirement to support the filing of the petition for certification election;
        
        non-appearance of the petitioner for two (2) consecutive scheduled conferences before the Mediator-Arbiter despite due notice; and
        
        absence of employer-employee relationship between all the members of the petitioning union and the establishment where the proposed bargaining unit is sought to be represented
        
        All issues pertaining to the existence of employer employee relationship raised before the Mediator-Arbiter during the hearing(s) and in the pleadings shall be resolved in the same order or decision granting or denying the petition for certification election. (Book V, Rule VIII, Sec. 17.)
        
        All issues pertaining to the validity of the petitioning union?s certificate of registration or its legal personality as a labor organization, validity of registration and execution of collective bargaining agreements shall be heard and resolved by the Regional Director in an independent petition for cancellation of its registration and (Book V, Rule VIII, Sec. 17.)
        
        Prejudicial Question A complaint for unfair labor practice may be considered a prejudicial question in a proceeding for certification election when it is charged therein that one or more labor unions participating in the election are being aided, or are controlled, by the company or employer
        
        Release of Order/Decision The Mediator-Arbiter shall release his/her Order or Decision granting or denying the petition - personally to the parties - within ten (10) days from the last hearing, copy furnished the employer. (Book V, Rule VIII, Sec. 18.)
        
        Granted
        
        Appeal
        
        Yes (Organzied)
        
        The order granting the conduct of a certification election - in an organized establishment and - the decision dismissing or denying the petition, whether in an organized or unorganized establishment, may be appealed to the Office of the Secretary within ten (10) days from receipt thereof. (Book V, Rule VIII, Sec. 19.) Decision of the Secretary ( Book V, Rule VIII, Sec. 23) The Secretary shall have fifteen (15) days from receipt of the entire records of the petition within which to decide the appeal. The filing of the memorandum of appeal from the Order or Decision of the Mediator-Arbiter stays the holding of any certification election. The decision of the Secretary shall become final and executory after ten (10) days from receipt thereof by the parties. No motion for reconsideration of the decision shall be entertained.
        
        Yes (Unorganized)
        
        Not subject to appeal. - Any issue arising therefrom - may be raised by means of protest on the conduct and results of the certification election. (Book V, Rule VIII, Sec. 19.)
        
        No
        
        Finality of Order/Decision (Book V, Rule VIII, Sec. 21.)Where no appeal is filed within the ten (10) day period, the Mediator-Arbiter shall enter the finality of the Order/Decision in the records of the case and cause the transmittal of the records of the petition to the Regional Director.
        
        Not Granted