SOLE AND EXCLUSIVE

BARGAINING AGENT (SEBA)

 Concept
• SEBA refers to a legitimate labor union duly certified as the
sole and exclusive bargaining representative or agent of all the
employees in a collective bargaining unit (CBU) (
Art 219 (j) Labor Code).

• “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)
 MODES TO ACQUIRE STATUS
• A. SEBA CERTIFICATION

> is the process where a union requests the DOLE Regional

Director to recognize and certify the union as the Sole and
Exclusive Bargaining Agent (SEBA) of the Bargaining Unit
(BU) it purports to represent for purposes of collective
bargaining with the employer.
 Conditions:
• 1. The bargaining unit is not unionized;
• 2. The requesting union is the only union in that bargaining unit; and
• 3. The CBU majority are members of the union.
Documentary Requirements;
• 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 the employees in the bargaining unit;
• 5. The statement of the existence/non-existence of other labor
organization/CBA.
Effect of the Issuance of the Certification as SEBA

• a. The certified union shall enjoy all the rights and

privileges of an exclusive bargaining agent of all the
employees in the covered bargaining unit.

• b. Certification Bar Rule - The issuance of the SEBA

Certification as SEBA bars the filing of a petition for
election by any labor organization for a period
B. CERTIFICATION AND CONSENT
ELECTION
• CERTIFICATION ELECTION refers to the process of
determining through secret ballot the SEBA of the
employees in an appropriate CBU for purposes of
collective bargaining negotiations. A certification election is
conducted only upon the order of the Med-Arbiter of the
Bureau of Labor Relations (BLR). (
Book V, Rule 1, Sec 1(h) IRR of Labor Code)
• NOTE: The process is called Certification election because it
serves as the official, reliable, and democratic basis for the
BLR to determine and certify the union that shall be the
exclusive bargaining representative of the employees for the
purpose of bargaining with the employer.
Nature of Certification Election

A Certification Election is not a litigation but merely an

investigation of a non-adversarial fact-finding character in
which BLR plays a part of a disinterested investigator seeking
merely to ascertain the desire of the Employees as to the
matter of their representation. (Airline Pilots Association of the
Philippines v. CIR, G.R. No. L-33705, 15 Apr. 1977)

Certification proceedings directly involve only two issues

1. Proper composition and constituency of the bargaining
unit; and

2. Veracity of majority membership claims of the competing

unions so as to identify the one union that will serve as the
bargaining representative of the entire bargaining unit.
(Azucena, 2016)
Purpose of a Certification Election
It is a means of determining the worker’s choice of:
1.) Whether they want a union to represent them for Collective
Bargaining or if they want no union to represent them at all.

2.) And if they choose to have a union to represent them, they

will choose which among the contending unions will be the
sole and exclusive bargaining representative of the
Employees in the appropriate bargaining unit.
Requirements For Certification Election

> In an Unorganized Establishment

• An unorganized establishment is a bargaining unit with no
recognized or certified bargaining agent. It does not necessarily
refer to an entire company.
• NOTE: It may happen that the rank-and-file unit has a bargaining
agent while the supervisory unit still does not have such agent;
thus, the former is already an “organized establishment” while the
latter remains, in the same company, an unorganized
establishment.
• The certification election shall be automatically conducted
upon the filing of a PCE by a LLO.

> In an Organized Establishment

• 1. A petition questioning the majority status of the
incumbent bargaining agent is filed before the DOLE
within the 60-day freedom period;
• 2. Such petition is verified; and
• 3. The petition is supported by the written consent of at
least 25% of all the Ees in the bargaining unit . (Art. 268, of
the LC)
CONSENT ELECTION
• refers to the process, voluntarily and mutually agreed upon
by the contending unions, of determining through secret
ballot the SEBA of the employees in an appropriate CBU
for purposes of collective bargaining or negotiation (
Rule 1, Section 1 (y) of the Rules Implementing (IRR) the Labor Cod
e
). It is conducted with or without the intervention of the
Department of Labor and Employment (DOLE).
C. BARS TO THE HOLDING OF
CERTIFICATION ELECTION
•The Rule is that in the absence of a CBA duly
registered in accordance with Art. 237 of the
Labor Code, a petition for certification election
may be filed at any time. (Sec. 1, Rule VIII, Book V, IRR)
• Bar Rules

No certification election may be held under the

following rules:

• 1. Certification year bar rule;

• 2. Negotiations bar rule;
• 3. Bargaining deadlock bar rule; or
• 4. Contract bar rule.
1. Certification year bar rule
• Under this rule, a petition for certification
election may not be filed within one (1) year
from the date a valid certification, consent, run-
off, or re-run election has been conducted within
the bargaining unit. This is also called as the 12-
month Bar rule. The same ban applies if “No
Union” won in the previous election.
• NOTE: In case of failure of elections, a re-run election will be held
within six (6) months. Also, when the election held is invalid.
• Exception to the Certification Year Bar
Rule
• When there is a failure of election – when the
number of votes cast in a certification or consent
election is less than the majority of the number
of eligible votes and there is no material
challenged votes.
• Failure of election does not bar the holding of
another certification or consent election within
six (6) months.
• NOTE: If an election had been held but No Union won, a PCE
may be filed again but only after 12 months. If a union has won,
such union and the employer must within 12 months start
negotiating a collective agreement.
2. Negotiation Bar Rule
• Under this rule, no petition for certification election should be
entertained while the sole and exclusive bargaining agent and
the employer have commenced and sustained negotiations in
good faith within the period of one (1) year from the date of a
valid certification, consent, run-off, re-run, or from the date of
voluntary recognition.
• Once the CBA negotiation have commenced and while the
parties are in the process of negotiating the terms and
conditions of the CBA, no challenging union is allowed to file
a petition for certification election that would disturb the
process and unduly forestall the early conclusion of the
agreement. If after the lapse of 12 months and they failed to
commence the negotiation, the employees’ wish to have a
CBA is defeated. Hence, another union can petition again for
a certification election to replace the unproductive bargaining
agent. (Azucena, 2016)
3. Bargaining Deadlock Bar Rule
• This rule contemplates that, a petition for
certification election may not be entertained
when a bargaining deadlock to which an
incumbent or certified bargaining agent is a
party has been submitted to conciliation or has
become the subject of a valid notice of strike or
lockout.
• NOTE: The employer’s continuing act of
evading negotiation with the certified bargaining
union is tantamount to a bargaining deadlock.
4. Contract Bar Rule
• This rule explains that, a petition for
certification election may not be filed when a
CBA between the employer and a duly
recognized or certified bargaining agent has
been registered with the BLR in accordance with
the Labor Code. Where the CBA is duly
registered, a petition for certification election
may be filed within the 60-day freedom period
prior to its expiry.
• The purpose of this rule is to ensure stability in the
relationship of the workers and the employer by preventing
frequent modifications of any CBA entered into by them in
good faith and for the stipulated original period

• Requisites of Contract Bar

1.It must contain substantial terms and conditions of
employment sufficient to stabilize the bargaining relationship;
2. It must be signed by the parties; and
3.The effective date and expiration date must be readily
discernible on the face of the contract.
D. FAILURE OF ELECTION, RUN-OFF
ELECTION, RE-RUN ELECTION

• A run-off election refers to an election between the labor

union receiving the two highest votes in a certification
election or consent election with three or more unions in
contention, where such certification election or consent
election results in none of the contending unions receiving
the majority of the valid votes cast; provided, that the total
number of votes for all contending unions, if added is at
least 50% of the number of valid votes cast. (Art. 268, LC
Requirements for a Run-Off Election
• 1. A valid election took place because majority of the CBU
members voted;
• 2. The election presented at least three choices, e.g., Union
One, Union Two, and No Union, meaning, there are at least
two union “candidates”;
• 3. Not one of the unions obtained the majority valid votes;
• 4. The total number of votes for all the unions is at least 50%
of the votes cast; and
• 5. There is no unresolved challenge of voter or election
process. (Azucena, 2016)
RE-RUN ELECTION

• A re-run election is called for when there is a tie or failure of

election in a certification election involving two (2) or more
unions.
• Re-run election is conducted to break a tie in a valid
certification election or when there is a need to cure a
failure of election. Certification Election is invalidated or
nullified by a multitude of reasons that negate the true will,
undistorted desire and informed choice.
 • . There is also a failure of election when less than majority of
the number of eligible voters participated on the election and
there are no challenged votes that could materially change the
result of the election.
Three instances of Re-Run:
• 1. Failure of certification election declared by the election officer;
•2. Tie between two unions; or
•3. Tie between a union and no union. In both instances, the “no
union” is also a choice.
EMPLOYER AS A MERE
BYSTANDER RULE
Employer as a Bystander (Bystander Rule)
•In all cases, whether the Petition for Certification of
Election is filed by an Employer or a Legitimate Labor
Organization, the Employer shall not be considered a party
thereto with a concomitant right to oppose a Petition for
Certification of Election.
•The only purpose of the proceeding is to determine which
organization will represent the employees in bargaining with
the employer. The choice of representative is the exclusive
concern of the employees.
•The Er’s participation in such proceedings shall be limited to:
• 1. Being notified or informed of petitions of such nature;
and
•2. Submitting the list of Ees during the pre-election
conference should the Mediator- Arbiter act favorably on the
petition. (Republic v. Kawashima Textile, G.R. No. 160352, 23
July 2008)
Employer’s possible recourse
• If the employer believes that the union has inappropriate
membership because it includes rank-and-file with
managerial/supervisory employees, the employer’s recourse
is not to oppose the PCE, but to file a separate petition to
cancel the union’s registration. (Azucena, 2016)