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!