BARGAINING UNIT

Omnibus Rules, Book V, Rule I, Sec. 1 (d, t), as amended by D.O. 40-03
(d) "Bargaining Unit" refers to a group of employees sharing mutual interests within a given
employer unit, comprised of all or less than all of the entire body of employees in the employer
unit or any specific occupational or geographical grouping within such employer unit.
(t) "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.

De La Salle v. De La Salle University Employees Association, 330 SCRA 363

San Miguel Foods v. San Miguel Corp. Supervisors and Exempt Union, August 1, 2011
BARGAINING AGENT, CERTIFICATION ELECTION PROCEEDINGS
Labor Code:

Arts. 255-259, 258-A

Art. 255. Exclusive bargaining representation and workers participation in policy and
decision-making. The labor organization designated or selected by the majority of the
employees in an appropriate collective bargaining unit shall be the exclusive representative of the
employees in such unit for the purpose of collective bargaining. However, an individual employee
or group of employees shall have the right at any time to present grievances to their employer.
Any provision of law to the contrary notwithstanding, workers shall have the right, subject to such
rules and regulations as the Secretary of Labor and Employment may promulgate, to participate
in policy and decision-making processes of the establishment where they are employed insofar
as said processes will directly affect their rights, benefits and welfare. For this purpose, workers
and employers may form labor-management councils: Provided, That the representatives of the
workers in such labor-management councils shall be elected by at least the majority of all
employees in said establishment. (As amended by Section 22, Republic Act No. 6715, March 21,
1989)
"ART. 256. Representation Issue in Organized Establishments. - In organized establishments,
when a verified petition questioning the majority status of the incumbent bargaining agent is filed
by any legitimate labor organization including a national union or federation which has already
issued a charter certificate to its local chapter participating in the certification election or a local
chapter which has been issued a charter certificate by the national union or federation before the
Department of Labor and Employment within the sixty (60)-day period before the expiration of the
collective bargaining agreement, the Med-Arbiter shall automatically order an election by secret
ballot when the verified petition is supported by the written consent of at least twenty-five percent
(25%) of all the employees in the bargaining unit to ascertain the will of the employees in the
appropriate bargaining unit. To have a valid election, at least a majority of all eligible voters in the
unit must have cast their votes. The labor union receiving the majority of the valid votes cast shall
be certified as the exclusive bargaining agent of all the workers in the unit. When an election
which provides for three or more choices results in no choice receiving a majority of the valid
votes cast, a run-off election shall be conducted between the labor unions receiving the two
highest number of votes: Provided, That the total number of votes for all contending unions is at
least fifty percent (50%) of the number of votes cast. In cases where the petition was filed by a
national union or federation, it shall not be required to disclose the names of the local chapter's
officers and members.

At the expiration of the freedom period, the employer shall continue to recognize the majority
status of the incumbent bargaining agent where no petition for certification election is filed."
"ART. 257. Petitions in Unorganized Establishments. - In any establishment where there is no
certified bargaining agent, a certification election shall automatically be conducted by the MedArbiter upon the filing of a petition by any legitimate labor organization, including a national union
or federation which has already issued a charter certificate to its 1ocal/chapter participating in the
certification election or a local/chapter which has been issued a charter certificate by the national
union or federation. In cases where the petition was filed by a national union or federation, it shall
not be required to disclose the names of the local chapter's officers and members."
Art. 258. When an employer may file petition. When requested to bargain collectively, an
employer may petition the Bureau for an election. If there is no existing certified collective
bargaining agreement in the unit, the Bureau shall, after hearing, order a certification election.
All certification cases shall be decided within twenty (20) working days.
The Bureau shall conduct a certification election within twenty (20) days in accordance with the
rules and regulations prescribed by the Secretary of Labor.
Art. 259. Appeal from certification election orders. Any party to an election may appeal the
order or results of the election as determined by the Med-Arbiter directly to the Secretary of Labor
and Employment on the ground that the rules and regulations or parts thereof established by the
Secretary of Labor and Employment for the conduct of the election have been violated. Such
appeal shall be decided within fifteen (15) calendar days. (As amended by Section 25, Republic
Act No. 6715, March 21, 1989)

Omnibus Rules, Book V, Rule I, Sec. 1 (d, h, j, o, p, q, t, ll, ss, bbb),

(h) "Certification Election" or "Consent Election" refers to the process of determining through
secret ballot the sole and exclusive repres
entative of the employees in an appropriate bargaining unit for purposes of collective bargaining
or negotiation. A certification election is ordered by the Department, while a consent election is
voluntarily agreed upon by
the parties, with or without the intervention by the Department.
(j) "Collective Bargaining Agreement" or "CBA" refers to the contract between a legitimate
labor union and the employer concerning wages, hours of work, a
nd all other terms and conditions of employment in a bargaining unit.
(o) "Election Officer" refers to an officer of the Bureau or Labor Relations Division in the
Regional Office authorized to conduct certification elections, election of union officers and other
forms of elections and
referenda in accordance with Rule XII, Sections 2-5 of these Rules.
(p) "Election Proceedings" refer to the period during a certification election, consent or run-off
election and election of union officers, starting from the opening to the closing of the polls,
including the counting, tabulation and consolidation of votes, but excluding the period for the final
determination of the challenged votes and the canvass thereof.
(q) "Eligible Voter" refers to a voter belonging to the appropriate bargaining unit that is the
subject of a petition for certification election

(t) "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.
(ll) "Organized Establishment" refers to an enterprise where there exists a recognized or
certified sole and exclusive bargaining agent
(ss) "Run-off Election" refers to an election between the labor unions receiving the two (2)
highest number of votes in a certification or consent election with three (3) or more choices,
where such a certified or consent results in none of the three (3) or more choices receiving the
majority of the valid votes cast; provided that the total number of votes for all contending unions is
at least fifty percent (50%) of the number of votes cast.
(bbb) "Voluntary Recognition" refers to the process by which a legitimate labor union is
recognized by the employer as the exclusive bargaining representative or agent in a bargaining
unit, reported with the Regional Office in accordance with Rule VII, Section 2 of these Rules

Republic of the Philippines, represented by DOLE, v. Kawashima Textile, July

23, 2008
St. James School of Quezon City v. Samahang Manggagawa sa St. James, November 23, 2005
DHL Phils. United Rank and File Association v. Buklod ng Manggagawa ng
DHL Phils., July 22, 2004
Sta. Lucia East Commercial Corporation v. Hon. Secretary Of Labor, August 14,
2009
Samahan Ng Mga Manggagawa Sa SammaLakas Sa Industriya Ng
Kapatirang Haligi Ng Alyansa (SammaLikha) v. Samma Corporation, March 13, 2009
Chris Garments Corporation v.Hon. PatriciaA. Sto. Tomas and Chris Garments Workers UnionPTGWO, January 12, 2009
National Union Of Workers In Hotels, Restaurants And Allied Industries- Manila
Pavilion Hotel Chapter v. Secretary of Labor, July 31, 2009
Eagle Ridge Golf and Country Club v. CA, March 18, 2010
PICOP Resources, Inc. v. Taeca, August 9, 2010
Legend International Resorts v. Kilusang Manggagawa ng Legend, February 23, 2011
Samahang Manggagawa Sa Charter Chemical (SMCC-SUPER) v. Charter Chemical and Coating Corp.,
March 16, 2011
Voluntary Recognition
Sta. Lucia East Commercial Corporation v. Hon. Secretary Of Labor, August 14, 2009
For reference:
Coastal Subic Bay Terminal v. DOLE, November 20, 2006