SECTION 1. Conduct of an election. — The Regional Division shall cause the necessary posting of notices at least five (5) working days before the actual date of election in two most conspicuous places in the company premises. The notices shall contain the date of election, names of the contending parties, the description of the bargaining unit and the list of eligible voters.
SECTION 2. Election conducted during regular business day. — The election shall be set during the regular business day of the company unless otherwise agreed upon by the parties.
SECTION 3. Representation officer may rule on any on-the-spot questions. — The Representation Officer may rule on any on-the-spot question arising from the conduct of the election. The interested party may, however, file a protest with the Representation Officer before the close of the proceedings.
Protests not so raised are deemed waived. Such protests shall be contained in the minutes of the proceedings.
SECTION 4. Protest to be decided in twenty (20) working days. — When the protest is formalized before the Med-Arbiter within five (5) days after the close of the election proceedings, the Med-Arbiter shall decide the same within twenty (20) working days from the date of its formalization. If not formalized within the prescribed period, the protest shall be deemed dropped. The decision may be appealed to the Bureau in the same manner and on the same grounds as provided under Rule V.
SECTION 5. Motion to postpone does not stay election. — The filing of a motion to postpone shall not stay the holding of the election.
SECTION 6. Duties of Representation Officer. — Before the actual voting commences, the Representation Officer shall inspect the polling place, the ballot boxes and the polling booths to insure secrecy of balloting. The parties shall be given opportunity to witness the inspection proceedings. After the examination of the ballot box, the Representation Officer shall lock it with three keys one of which he shall keep and the rest forthwith given one each to the employer's representative and the representative of the labor organization. If more than one union is involved, the holder of the third key shall be determined by drawing of lots. The key shall remain in the possession of the Representation Officer and the parties during the proceedings and thereafter until all the controversies concerning the conduct of the election shall have been definitely resolved.
SECTION 7. Preparation of ballots. — Ballots shall be prepared in Filipino and English along with a translation in the local dialect, if any, for the guidance of worker-voters.
SECTION 8. Marking and canvassing of votes. —
(a) The voter must write a cross (x) or a check (/) in the square opposite the union of his choice. If only one union is involved, the voter shall make his cross or check in the square indicating "Yes" or "No".
(b) If a ballot is torn, marked, or defaced, in such a manner as to create doubt or confusion or identify the voter, it shall be considered spoiled. If the voter inadvertently spoils a ballot, he shall return it to the Representation Officer who shall destroy it and deliver him another ballot.
(c) As soon as the polls close, the votes cast shall be counted and tabulated by the Representation Officer in the presence of the representatives of the parties. Upon completion of the canvassing, the Representation Officer shall give each representative a certification of the result of the election and minutes of the concluded election.
(d) The ballots, tally sheets, and certification of the results, together with the minutes of the election, shall be sealed in an envelope and signed outside by the Representation Officer and by representatives of the contending parties. These envelopes shall remain sealed under the custody of the Representation Officer until after the Med-Arbiter has finally certified the winner.
(e) The Med-Arbiter, upon receipt of the results of the election and no protest having been filed, shall certify the winner.
(f) The union which obtained a majority of the valid votes cast by the eligible voters shall be certified as the sole and exclusive bargaining agent of all the workers in the appropriate unit. However, in order to have a valid election, at least a majority of all eligible voters in the bargaining unit must have cast their votes.
