Certification election

The workers in a bargaining unit have the right to choose their sole and exclusive bargaining agent through the process of certification election.

Summary

▪ The certification election determines who will be the sole and exclusive bargaining agent in an organized establishment, particularly if there is more than one (1) legitimate labor organization.

▪ A legitimate labor organization may file a petition for certification election to be certified as the exclusive bargaining agent.

▪ The employer may also file a petition for certification election and thereafter be considered as a bystander or a non-party.

1. Concepts

“Certification election” – is the process of determining the sole and exclusive bargaining agent of the employees in an appropriate bargaining unit for purposes of collective bargaining. (National Union of Workers in Hotels v. DOLE Secretary, G.R. No. 181531, 31 July 2009)

“Collective bargaining” – refers to the negotiated contract between a legitimate labor organization and the employer concerning wages, hours of work and all other terms and conditions of employment in a bargaining unit. (Ibid.)

a. Two-fold objective

The conduct of a certification election has a two-fold objective: to determine the appropriate bargaining unit and to ascertain the majority representation of the bargaining representative, if the employees desire to be represented at all by anyone. It is not simply the determination of who between two or more contending un...

 



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