Batangas Provincial Office CERTIFICATION ELECTION PROCEEDINGS
Certification Election q 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.
Modes status: Determination of Representation voluntary recognition certification election or consent election run-off election
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 END 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 establishment A
Certification Election Proceeding A Conduct preliminary conference Voluntary recognition? 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 Consent election? NO B C YES – Enter the fact of consent election in the minutes & immediately forward case folder for conduct of pre-election conference F
Certification Election Proceeding B C 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 E NO – In Sit. 1, Order of dismissal becomes Final & Executory NO – In Sit. 2, Order for conduct of CE becomes Final & Executory END 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 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 H END
Certification Election Proceeding H Appeal to DOLE Secretary? NO – Mediator. Arbiter’s Decision becomes Final & Executory YES – Office of the Secretary Decides over the Protest END
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