Any legitimate labor organization may file a request for SEBA certification.
1. Concept
Any legitimate labor organization may file a request for SEBA certification. (Section 1, Rule VII, DOLE Department Order No. 40, Series of 2003, as amended by A-I)
a. Where to file
[The SEBA request may be filed] in the Regional Office which issued its certificate of registration or certificate of creation of chartered local. (Ibid.)
b. Requirements for Request of SEBA Certification
The request for certification shall indicate:
1) The name and address of the requesting legitimate labor organization;
2) The name and address of the company where it operates;
3) The bargaining unit sought to be represented;
4) The approximate number of employees in the bargaining unit; and
5) The statement of the existence/non-existence of other labor organization/CBA. (Section 2, Rule VII, Ibid.)
The certificate of registration as duly certified by the President of the requesting union or certificate of creation of chartered local as duly certified by the President of the federation of the local shall be attached to the request. (Paragraph 2, Section 2, Rule VII, Ibid.)
c. Action on the request
Within one (1) day from the submission of the request, the Regional Director shall:
1) Determine whether the request is compliant with the preceding section and whether the bargaining unit sought to be represented is organized or not; and
2) Request a copy of the payroll for purposes of SEBA certification pursuant to Section 4 of this Rule. (See Section 3, Rule VII, Ibid.)
If he/she finds it deficient, he/she shall advise the requesting union or local to comply within ten (10) days from notice. Failure to comply within the prescribed period shall be deemed withdrawal of the request for SEBA certification. (Paragraph 2, Section 3, Rule VII, Ibid.)
d. Request for certification in unorganized establishment
1) Only one (1) legitimate labor organization
a) Validation proceedings
If the Regional Director finds the establishment unorganized with only one legitimate labor organization, he/she shall call a conference within five (5) work days for the submission of the following:
1) The names of employees in the covered bargaining unit who signify their support for the certification, provided that said employees comprise at least majority of the number of employees in the covered bargaining unit; and
2) Certification under oath by the President of the requesting union or local that all documents submitted are true and correct based on his/her personal knowledge. (Section 4, Rule VII, Ibid.)
The submission shall be presumed to be true and correct unless contested under oath by any member of the bargaining unit during the validation conference. For this purpose, the employer or any representative of the employer shall not be deemed a party-in-interest but only as a by-stander to the process of certification. (Paragraph 2, Section 4, Rule VII, Ibid.)
If the requesting union or local fails to complete the requirements for SEBA certification during the conference, the request for SEBA certification shall be referred to the Election Officer for the conduct of certification election pursuant to Rule IX of this Rules. (Paragraph 3, Section 4, Rule VII, Ibid.)
b) Action on the submission
If the Regional Director finds the requirements complete, he/she shall issue during the conference a certification as sole and exclusive bargaining agent enjoying the rights and privileges of an exclusive bargaining agent of all the employees in the covered bargaining unit. (Section 4.1, Rule VII, Ibid.)
The Regional Director shall cause the posting of the SEBA certification for fifteen (15) consecutive days in at least two (2) conspicuous places in the establishment or covered bargaining unit. (Paragraph 2, Section 4.1, Rule VII, Ibid.)
2) More than one (1) legitimate labor organizations
If the Regional Director finds the establishment unorganized with more than one legitimate labor organization, he/she shall refer the same to the Election Officer for the conduct of certification election. (Section 5, Rule VII, Ibid.)
The certification election shall be conducted in accordance with Rule IX of this Rules. (Paragraph 2, Section 5, Rule VII, Ibid.)
e. Request for certification in organized establishment
If the Regional Director finds the establishment organized, he/she shall refer the same to the mediator-arbiter for the determination of the propriety of conducting a certification election in accordance with Rules VIII and IX of this Rules. (Section 6, Rule VII, Ibid.)
2. Effect of certification
Upon the issuance of the certification as sole and exclusive bargaining agent, the certified union or local shall enjoy all the rights and privileges of an exclusive bargaining agent of all the employees in the covered bargaining unit. (Section 4.2, Rule VII, Ibid.)
The certification shall bar the filing of a petition for certification election by any labor organization for a period of one (1) year from the date of its issuance. Upon expiration of this one-year period, any legitimate labor organization may file a petition for certification election in the same bargaining unit represented by the certified labor organization, unless a collective bargaining agreement between the employer and the certified labor organization was executed and registered with the Regional Office in accordance with Rule XVII of this Rules. (Paragraph 2, Section 4.2, Rule VII, Ibid.)
References
⦁ Book V, Presidential Decree No. 442, a.k.a. Labor Code of the Philippines
⦁ Book V, Omnibus Rules Implementing the Labor Code
⦁ DOLE Department Order No. 40, Series of 2003
⦁ DOLE Department Order No. 40-A-I, Series of 2003
⦁ DOLE Department Order No. 40-B, Series of 2003
⦁ DOLE Department Order No. 40-C, Series of 2004
⦁ DOLE Department Order No. 40-D, Series of 2005
⦁ DOLE Department Order No. 40-F-3, Series of 2008
⦁ DOLE Department Order No. 40-G-03, Series of 2010
⦁ DOLE Department Order No. 40-I, Series of 2015
⦁ DOLE Department Order No. 15, Series of 2015
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/Updated: February 15, 2023
