Overview/Background

It is the policy of the state to promote free trade unionism through expeditious procedures governing the choice of an exclusive bargaining agent. The determination of such exclusive bargaining agent is a non-litigious proceeding and, as far as practicable, shall be free from technicalities of law and procedure, provided only that in every case, the exclusive bargaining agent enjoys the majority support of all the employees in the bargaining unit.

Certification Election is the process of determining through secret ballot the sole and exclusive collective bargaining agent of the employees in an appropriate bargaining unit. (Sec. 1(i), Rule I, Book V, Rules Implementing the Labor Code as amended by D.O. No. 40-03)

Petitions for certification election are handled by Mediator-Arbiters. The authority of the Mediator-Arbiter is limited to determining whether the petition for certification election should be granted or not.