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Election Matters

The document discusses a certification election involving three unions (A, B, C) at a company with 600 employees. 500 employees voted, with A receiving 200 votes, B receiving 150 votes, and C receiving 50 votes. There were also 90 'no union' votes and 10 segregated votes. The summary must determine if all votes should be counted, if the election was valid, which union should be declared the winner, and what happens if the election is invalid.

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Noreen T� Claro
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73 views1 page

Election Matters

The document discusses a certification election involving three unions (A, B, C) at a company with 600 employees. 500 employees voted, with A receiving 200 votes, B receiving 150 votes, and C receiving 50 votes. There were also 90 'no union' votes and 10 segregated votes. The summary must determine if all votes should be counted, if the election was valid, which union should be declared the winner, and what happens if the election is invalid.

Uploaded by

Noreen T� Claro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Q: Liwayway Glass had 600 rank-and-file employees.

Three rival unions A, B,


and C ‒ participated in the certification elections ordered by the Med-Arbiter.
500 employees voted. The unions obtained the following votes: A-200; B-150;
C-50; 90 employees voted “no union”; and 10 were segregated votes. Out of the
segregated votes, four (4) were cast by probationary employees and six (6) were
cast by dismissed employees whose respective cases are still on appeal.
(2014 Bar Question) (A) Should the votes of the probationary and
dismissed employees be counted in the total votes cast for the purpose of
determining the winning labor union?
SUGGESTED ANSWER: Yes. Rule IX, Section 5 of DOLE Department Order 40-
03 provides that “[a]ll employees who are members of the appropriate
bargaining unit sought to be represented by the petitioner at the time of the
issuance of the order granting the conduct of a certification election shall be
eligible to vote. An employee who has been dismissed from work but has
contested the legality of the dismissal in a forum of appropriate jurisdiction at
the time of the issuance of the order for the conduct of a certification election
shall be considered a qualified voter, unless his/her dismissal was declared
valid in a final judgment at the time of the conduct of the certification election.”

(B) Was there a valid election?


SUGGESTED ANSWER: Yes. To have a valid election, at least a majority of all
eligible voters in the unit must have cast their votes (Article 256, now Article
266, of the Labor Code). In the instant case, 500 out of 600 rankand-file
employees voted.

(C) Should Union A be declared the winner?


SUGGESTED ANSWER: No. The Labor Code provides that 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 (Article 256, now Article 266, of
the Labor Code). Here, the number of valid votes cast is 490; thus, the winning
union should receive at least 246 votes. Union A only received 200 votes.

(D) Suppose the election is declared invalid, which of the contending


unions should represent the rank-and-file employees?
SUGGESTED ANSWER: None of them should represent the rank-and-file
employees (Article 255, now Article 265, of the Labor Code)

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