SECTION 1. Where to file. — A petition for certification election shall be filed with the Regional Office which has jurisdiction over the principal office of the petitioner. The petition shall be in writing and under oath.
SECTION 2. Who may file. — Any legitimate labor organization or the employer, when requested to bargain collectively, may file the petition.
The petition, when filed by a legitimate labor organization shall contain, among others:
(a) The name of petitioner and its address and affiliation, if any;
(b) Name, address and nature of the employer's business;
(c) Description of the bargaining unit which shall be the employer unit unless circumstances otherwise require; and provided further, that the appropriate bargaining unit of the rank-and-file employees shall not include supervisory employees and/or security guards;
(d) Appropriate number of the employees in the alleged bargaining unit;
(e) Names and addresses of other legitimate labor organizations in the bargaining unit;
(f) In an organized establishment, the signatures of at least twenty-five (25%) percent of all employees in the appropriate bargaining unit; and
(g) Other relevant facts.
When the petition is filed by an employer, it shall contain, among others:
(a) The name, address and general nature of the employer's business;
(b) Names and addresses of the legitimate labor organizations involved;
(c) Approximate number of the employees in the appropriate bargaining unit;
(d) Description of the bargaining unit which shall be the employer unit unless circumstances otherwise required; and provided further, that the appropriate bargaining unit of the rank-and-file employees shall not include supervisory employees and/or security guards;
(e) Other relevant facts.
SECTION 3. When to file. — In the absence of a collective bargaining agreement duly registered in accordance with Article 231 of the Code, a petition for certification election may be filed at any time. However, no certification election may be held within one year from the date of issuance of a final certification election result. Neither may a representation question be entertained if, before the filing of a petition for certification election, a bargaining deadlock to which an incumbent or certified bargaining agent is a party had been submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout.
If a collective bargaining agreement has been duly registered in accordance with Article 231 of the Code, a petition for certification election or a motion for intervention can only be entertained within sixty (60) days prior to the expiry date of such agreement.
SECTION 4. Effects of early agreements. — The representation case shall not, however, be adversely affected by a collective bargaining agreement registered before or during the last sixty (60) days of a subsisting agreement or during the pendency of the representation case.
SECTION 5. Where to file motion for intervention. — The motion for intervention in certification election proceedings shall be filed before the Med-Arbiter assigned to the case. The mere filing of said motion, however, will not suspend the holding of the certification election without an order issued by the Med-Arbiter.
SECTION 6. Procedure. — Upon receipt of a petition, the Regional Director shall assign the case to a Med-Arbiter for appropriate action. The Med-Arbiter, upon receipt of the assigned petition, shall have twenty (20) working days from submission of the case for resolution within which to dismiss or grant the petition.
In a petition filed by a legitimate organization involving an unorganized establishment, the Med-Arbiter shall immediately order the conduct of a certification election.
In a petition involving an organized establishment or enterprise where the majority status of the incumbent collective bargaining union is questioned through a verified petition by a legitimate labor organization, the Med-Arbiter shall immediately order the certification election by secret ballot if the petition is filed during the last sixty (60) days of the collective bargaining agreement and supported by the written consent of at least twenty-five percent (25%) of all the employees in the bargaining unit. Any petition filed before or after the sixty-day freedom period shall be dismissed outright. The twenty-five percent (25%) requirement shall be satisfied upon the filing of the petition, otherwise the petition shall be dismissed.
The sixty-day freedom period based on the original collective bargaining agreement shall not be affected by any amendment, extension or renewal of the collective bargaining agreement for purposes of certification election.
The decision calling for the conduct of an election shall contain the following:
(a) Names of the contending unions;
(b) Name of the employer;
(c) Description of the bargaining unit, and
(d) List of eligible voters which shall be based on the payroll three (3) months prior to the filing of the petition for certification election.
The certification election shall be held within twenty (20) calendar days from receipt of the order by the parties.
SECTION 7. Appeal. — Any aggrieved party may appeal the order of the Med-Arbiter to the Secretary on the ground that the rules and regulations or parts thereof established by the Secretary for the conduct of election have been violated.
The appeal shall specifically state the grounds relied upon by the appellant with the supporting memorandum.
SECTION 8. Where to file appeal. — The appeal, which shall be under oath and copy furnished the appellee, shall be filed in the Regional Office where the case originated.
SECTION 9. Period of Appeal. — The appeal shall be filed within ten (10) calendar days from receipt of the order by the appellant. Any opposition thereto may be filed within ten (10) calendar days from receipt of the appeal. The Regional Director shall within five (5) calendar days forward the entire records of the case to the Office of the Secretary.
SECTION 10. Decision of the Secretary final and unappealable. — The Secretary shall have fifteen (15) calendar days within which to decide the appeal from receipt of the records of the case. The filing of the appeal from the decision of the Med-Arbiter stays the holding of any certification election. The decision of the secretary shall be final and unappealable.
SECTION 11. Execution pending appeal. — The execution of the order of the Med-Arbiter shall be stayed pending appeal.
