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. (10%)
(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?
(B) Was there a valid election?
(C) Should Union A be declared the winner?
(D) Suppose the election is declared invalid, which of the contending unions should represent the rank-and-file employees?
(E) Suppose that in the election, the unions obtained the following votes: A-250; B-150; C-50; 40 voted “no union”; and 10 were segregated votes. Should Union A be certified as the bargaining representative?
Suggested answer only. Not an official answer and not legal advice.
(A) Yes, segregated votes count. (B) Yes, the election is valid. (C) No, Union A is not the winner. (D) No union represents the unit. (E) Yes, Union A should be certified.
Under Article 268 of the Labor Code and DOLE rules, probationary workers and dismissed employees on appeal are eligible voters. An election is valid if a majority of eligible voters vote. A union wins by getting a majority of valid votes cast.
Here, 500 of 600 employees voted, validating the election. The winning threshold for 500 votes is 251, so Union A’s 200 votes fell short. If invalid, no union represents the workers. In (E), with 490 valid votes, 246 is the majority; thus, Union A’s 250 votes secure certification.
Therefore, segregated votes count, the election is valid, Union A lost in (C), no union represents if invalid, and Union A wins in (E).
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Who among the following employees is legally entitled to vote in a certification election?
Probationary workers and dismissed employees whose cases are on appeal retain voter eligibility in certification elections.
What voter turnout requirement must be met for a certification election to be declared valid?
A certification election is valid if a majority of all eligible voters in the bargaining unit cast their ballots.
How is the winning labor union determined in a valid certification election?
A labor union wins by obtaining a majority of all valid votes cast in the certification election.
What occurs if a certification election is declared invalid due to lack of majority voter turnout?
If a certification election is invalid, no union can represent the bargaining unit.
If 490 valid votes are cast in a certification election, how many votes must a union obtain to be certified?
To secure certification, a union must obtain a majority of valid votes cast, which is 246 out of 490 votes.
Learn more about these topics
1. Voter Eligibility Rules
Under Philippine labor law, all rank-and-file employees within the bargaining unit are eligible to vote in a certification election. Probationary employees who have accrued employee status, as well as workers who have been illegally dismissed but whose cases remain pending on appeal, retain their voter eligibility. Their votes are segregated during balloting and opened only if necessary to affect the final election outcome. Restricting voter eligibility strictly requires statutory disqualification, thereby ensuring that all affected workers participate in choosing their exclusive bargaining representative.
2. Certification Election Validity
For a certification election to be valid, a double majority requirement must be satisfied. First, a majority of all eligible rank-and-file employees in the bargaining unit must cast their votes in the election. Second, to be certified as the exclusive bargaining representative, a contending labor union must receive a majority of the total valid votes cast by the voters. If the required voter participation threshold is met, the election is legally valid, regardless of whether any single contending union obtains a winning majority.
3. Majority Vote Threshold
To determine the winning bargaining agent in a certification election, a contending union must secure fifty percent plus one of all valid votes cast. Segregated votes cast by challenged voters are included in the overall count if they are determined to be valid. If no union receives the required majority vote, a runoff election may be conducted between the top two unions, provided the total votes for all unions equal at least fifty percent of the votes cast. If the election is declared invalid, no union can be certified as the representative.