LABOR 2 | FLJ SNICKERDOODLE

D.O. 40-I-15
(Tabular Form)

RULE I
DEFINITION OF TERMS

SECTION 1. Definition of Terms

Appearance Status of Vote
Ballot was validly cast buy is blank OR unfilled VALID in determining a vaild election
ABSENTION (not a negative vote because voter is eligible to
vote)
SPILED BALLOT Torn, defaced, or contains markings INVALID

 
Election conducted:
1. To break a tie between:
a. Contending unions; OR
RE-RUN ELECTION b. “No union” and one of the unions
- OR -
2. After a failure of election has been conducted by the election officer AND/OR affirmed
by the Med-Arbiter

SECTION 2. Voluntary Recognition REPEALED by Rule VII.

RULE VII
REQUEST FOR SOLE AND EXCLUSIVE BARGAINING AGENT (SEBA) CERTIFICATION

STEP 1: FILING

SECTION 1. SECTION 2.
LO according Where to file Requirements for Request of SEBA Certification
to registration
Where to file Indicate Attachment
Regional Office that 1. Name and address of LLO Certificate of Registration duly
Independent
issued its certificate of 2. Name & address of company certified by the president of the
LO
registration where LO operates requesting union
3. Bargaining unit sought to be
Regional Office that represented; Certificate of Creation of
Chartered issued its Certificate of 4. Approximate number of employees Chartered Local duly certified
Local/Chapter Creation of Chartered in the bargaining unit; AND by the president of the local’s
Local 5. Statement of existence/non- federation
existence of other LO or CBA

STEP 2: PROCESSING OF REQUEST

SECTION 3. Action on Request – Must be accomplished by the Regional Director (RD) WITHIN 1 DAY from the
submission of the request:
1. Determine whether the request is compliant with the Section 2, AND whether or not BU sought to be
represented is organized; AND
2. Request a copy of the payroll for purposes of SEBA Certification pursuant to Section 4 of Rule VII
- OR -
3. IF request is deficient, advise the requesting union or local to comply within 10 days from notice.
***Non-compliance of union/local = withdrawal of request for SEBA Certification

[See next table]

LABOR 2 | FLJ SNICKERDOODLE

SECTION 4. Request for Certification in SECTION 5. Request for Certification in

Unorganized Establishment with Only One Unorganized Establishment with More than One
Legitimate Labor Organization; Validation legitimate labor Organization
Proceedings
Request shall be referred to the ELECTION
Call for a VALIDATION CONFERENCE within 5 OFFICER for the conduct of Certification
WORK DAYS for the submission of: Elections in accordance with Rule IX
1. Names of employees in the covered
bargaining unit who signify their support for
certification (at least MAJORITY of covered
BU’s members)
2. Certification under oath by the president of
the union or local on the truthfulness and
correctness of all submitted documents
based on his personal knowledge
• There is presumption of
correctness ULESS contested
under oath by ANY member of the
BU during the conference

SECTION 4.1 SECTION 6. Request for Certification in

Action on Submission Organized Establishment
1. Issue SEBA Certification
Regional during the Conference Request shall be referred to the MEDIATOR
Director’s 2. Cause the posting of SEBA ARBITER for the determination of the propriety of
Action Certification for 15 days in at conducting Certification Elections in accordance
least 2 conspicuous places with Rules VIII and IX
on the establishment of
covered BU
SECTION 4.2.
Effect of Certification
Complete 1. Upon issuance, SEBA shall
enjoy all the rights and
Requirements
privileges of an EBR
2. Certification shall bar the
filing of PCE for 1 year from
date of issuance.
• GR: PCE may be filed
after the lapse of 1 year
• XPN: Execution and
registration with the RD (in
accordance with Rule
XVII) of CBA between ER
and EBR during the 1-year
period
Request shall be referred to the
Incomplete ELECTION OFFICER in
Requirements accordance with Rule IX on the
Conduct of Elections

NOTE: ER is NOT a party-in-interest