Sole and exclusive bargaining agent (SEBA)

“Exclusive Bargaining Representative” – refers to a legitimate labor union duly recognized or certified as the sole and exclusive bargaining representative or agent of all the employees in a bargaining unit.

1. Concept

“Exclusive Bargaining Representative” – refers to a legitimate labor union duly recognized or certified as the sole and exclusive bargaining representative or agent of all the employees in a bargaining unit. (Section 1[u], Rule I, DOLE Department Order No. 40, Series of 2003, as amended by A-I)

The Exclusive Bargaining Representative is also known as the Sole and Exclusive Bargaining Agent (“SEBA”)

2. Determination of SEBA

The determination of an exclusive bargaining agent shall be through:

1) Request for sole and exclusive bargaining agent (SEBA) certification in cases where there is only one legitimate labor organization operating within the bargaining unit; or

2) Through certification, run-off or consent election as provided in these Rules. (Section 2, Rule VI, DOLE Department Order No. 40, Series of 2003, as amended by A-I)

NB:

1) Previously, jurisprudence and older regulations recognize voluntary recognition by the employer as a mode of determining the SEBA. However, as quoted in the immediately preceding paragraph, current DOLE regulation does not anymore recognize voluntary recognition via the employer.

2) As explained in the case below, the employer has no business nor power to declare any union to the SEBA for collective ...

 



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