CERTIFICATION ELECTION

Holiday Inn Manila Galleria with ofice address at One ADB Ave.
Ortigas Center, Queon City has a union !or the ran" and #le
e$%loyees. It is a chartered union directly created &y the 'ational
(nion o! )or"ers in Hotel *estaurant and Allied +ervices
,'()H*AI'- u%on its issuance o! chartered certi#cate so$eti$es in
.//0, indicating the esta&lish$ent o! the local cha%ter "nown as the
'()H*AI'1Holiday Inn Manila Galleria Cha%ter.
However, the chartered union2s ac3uisition o! legal %ersonality u%on
the issuance o! the said charter certi#cate &y the $other union was
only !or the %ur%ose o! #ling a certi#cation election and is not yet
entitled to all the rights and %rivileges o! a legiti$ate la&or
organiation including the negotiation o! the collective &argaining
with the e$%loyer.
On +e%te$&er .4, .//0. 5hey ac3uired !ull legal %ersonality a!ter the
su&$ission o! its charter certi#cate and all the docu$entary
re3uire$ents duly certi#ed &y the secretary o! the said chartered
union and attested to &y its %resident with the Med1Ar&iter through
the *egional ofice, which in this case is the 'ational Ca%ital *egion.
Hence, the start o! its co$%lete status as the legiti$ate la&or
organiation and therea!ter certi#ed as the sole and e6clusive
collective &argaining agent o! the said co$%any %re$ises.
Considered as the sole e6clusive &argaining agent ,+7BA-, as no other
union e6isted in the said co$%any %re$ises, the union conducts a
certi#cation election every #ve years during the 84 days !reedo$
%eriod to %rovide de$ocratic s%ace to the ran" and #le e$%loyee in
the &argaining unit, and to ensure that the union still has the su%%ort
o! the $a9ority.
A!ter several years o! e6istence, again, the a!ore$entioned union #led
a %etition !or certi#cation election with the Med1Ar&iter o! the
regional ofice versus the res%ondent, Holiday Inn Manila Galleria
,owned &y *o&inson :and Cor%oration- with Case 'o. 'C*1OD1M1
//..144;. Hence, a certi#cation election a$ong the ran" and #le
e$%loyees was conducted on < +e%te$&er =4.> at the union2s ofice
within the %re$ises o! Holiday Inn Manila Galleria, the result o! which
are as !ollows?
'o. o! 7ligi&le @oters 1 >.8
'o. o! @alid @otes cast 1 =/4
1
'o. o! +%oiled Ballots 1 4<
'o. o! Challenged Ballots 1 1
5otal 'o. o! @otes Cast 1 =/<
A7+ 1 .88
'O 1 .=;
11111111
5O5A: =/4
During the certi#cation election, which lasted !or .= hours !ro$ 8a$
to 8%$ to cover the three shi!ts schedule o! the ran" and #le
e$%loyees, 7lection Oficer Mr. 'e%o$uceno A. :eano III arrived one
hour earlier together with the re%resentative o! the e$%loyer and the
union to ins%ect the %ooling %lace, the &allot &o6es and the %olling
&ooths, !urther$ore, the 7lection Oficer and the re%resentatives !ro$
the e$%loyer and the union countersigned every &ac" o! the &allots to
$aintain its sanctity.
A!ter the election was concluded, the votes were counted and
ta&ulated &y the said 7lection Oficer in the %resence o! the
re%resentatives !ro$ the union and the e$%loyer, a!ter which, the
!or$er gave &oth re%resentatives a co%y o! the $inutes o! the election
%roceeding and the results o! the election. 5he &allots and the tally
sheets were sealed in the envelo%e and again signed &y the said
7lection Oficer and the re%resentative o! the union to &e trans$itted
to the Med1Ar&iter together with the $inutes and result o! the
election.
On +e%te$&er =4, =4.>. Assistant *egional Director Atty. Gregorio 5.
A&alos, Br. issued a notice o! order to Atty. M.:. Del#n, CCO the newly
elected union %resident Mr. *oel Dio o! 'o. .0 +itio I&ayo, Maya$ot
Anti%olo City. and Atty. Mildred Alcala counsel !or the e$%loyer,
noti!ying the$ o! the issuance o! order &y 7lection Oficer Mr.
'e%o$uceno A. :eano III in the a&ove1entitled case %roclai$ing the
results o! the election and certi!ying '(H)*AI'1Holiday Inn Manila
Galleria cha%ter as the sole and e6clusive &argaining agent in the said
&argaining unit.
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