2018 Labor Law, Q6

A certification election was conducted in Nation Manufacturing Corporation, whereby 55% of eligible voters in the bargaining unit cast their votes. The results were as follows:
Union Nana : 45 votes
Union Nada: 40 votes
Union Nara : 30 votes
No Union : 80 votes
Union Nana moved to be declared as the winner of the certification election.
a) Can Union Nana be declared as the winner? (2.5%)
b) Assume that the eligibility of 30 voters was challenged during the pre-election conference. The ballots of the 30 challenged voters were placed inside an envelope sealed by the DOLE Election Officer. Considering the said envelope remains sealed, what should be the next course of action with respect to the said challenged votes? (2.5%)

Quick check

What majority is required for a participating union to be certified as the exclusive bargaining representative under Article 268 of the Labor Code?

When should the DOLE Med-Arbiter open and rule upon the eligibility of challenged ballots in a certification election?

What is the voter turnout threshold required to make a certification election valid under the Labor Code?

Why could Union Nana NOT be declared the winner with 45 votes out of 195 total valid votes cast?

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What procedure must be conducted if no choice receives a majority of valid votes cast in an election with three or more union choices?

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1. Double Majority Rule
Under Article 268 of the Labor Code, a valid certification election requires two distinct majority thresholds. First, at least fifty percent of the eligible voters in the bargaining unit must cast their votes to render the certification election valid. Second, to be certified as the exclusive bargaining representative, a participating labor union must obtain a majority of the valid votes cast in the election. If no participating choice obtains a majority of the valid votes cast, no union can be declared the winner, and a run-off election may be conducted between the two choices garnering the highest number of votes.

2. Challenged Ballots Procedure
Under Rule IX, Section 11 of the Rules Implementing Book V of the Labor Code, ballots of voters whose eligibility is challenged during the pre-election conference are placed inside a sealed envelope marked and kept in the custody of the DOLE Election Officer. These challenged votes remain unopened during the initial canvass. However, if the number of challenged votes is sufficient to materially alter or affect the final outcome of the certification election, the DOLE Med-Arbiter is mandated to open the sealed envelope, conduct a hearing on voter eligibility, and rule on the validity of each challenged vote.

3. Run-Off Election Requisites
Under Article 268 of the Labor Code and the Implementing Rules, a run-off election between the two choices receiving the highest number of votes is required when an election with three or more choices results in no choice receiving a majority of valid votes cast. A run-off election is conducted provided that the total number of votes cast for all participating labor unions constitutes at least fifty percent of the total valid votes cast. In computing the required votes, challenged votes that could materially affect the results must first be resolved by the Med-Arbiter prior to ordering a run-off.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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