og oct 78 Republic of the Philippines 47 Em DEPARTMENT OF LABOR AND EMPLOYMENT He te Intramuros, Marita ye ) = DEPARTMENT ORDERNO. 4g Seres of 2015, FURTHER AMENDING DEPARTMENT ORDER NO, 40, SERIES OF 2003, AMENDING THE IMPLEMENTING RULES AND REGULATIONS OF BOOK V (OF THE LABOR CODE OF THE PHILIPPINES, AS AMENDED SECTION 4. «Pursuant o Article 5 of the Labor Code, 28 smended, Book V of the Omnibus Rules Implementing the Labor Code, as emenced by Department Order 40, Series of 2003 fs hereby amended 2s follows: SECTION 2. «Section 1 of Rule lis hereby amended adding “Abstenton", ‘and “Spolies Balas” inthe Definition of Terms, tobe re-alphabetized and reed as follows: RULE! DEFINTION OF TERMS ‘Section 1, Definition of Terms ‘2 *ABSTENTION” REFERS TO A BLANK OR UNFILLED BALLOT VALIDLY CAST BY AN ELIGIBLE VOTER. IT IS NOT CONSIDERED AS A NEGATIVE VOTE, HOWEVER. IT SHALL BE CONSIDERED A VALID VOTE FOR PURPOSES OF DETERMINING & VALID ELECTION, ‘RERUN ELECTION" REFERS TO AN ELECTION CONDUCTED TO BREAK A TIE BETWEEN CONTENDING UNIONS, INCLUDING BETWEEN NO UNION" AND GNE OF THE UNIONS. IT SHALL LIKEWISE REFER TO AN ELECTION CONDUCTED AFTER & FAILURE OF ELECTION HAS BEEN DECLARED BY THE ELECTION OFFICER ANDIOR. AFFIRMED BY THE MEDIATORARAITER, “SPOILED BALLOT* REFERS TO A BALLOT THAT IS TORN, DEFACED, OR CONTAINS NARKINGS WHICH CAN LEAD ANOTHER TO CLEARLY IDENTIFY THE VOTER WHO CASTS SUCH VOTE SECTION 3, « Rule Vi, Voluntary Recognition, provision entitled, is hereby repealed and replaced by new CERTIFICATION “REQUEST FOR SOLE AND EXCLUSVE BARGAINING ‘AGENT (SESA) 036 as follows: RULEVI [REQUEST FOR SOLE AND EXCLUSIVE BARGAINING AGENT (SEBA) CERTIFICATION SECTION 1. WHERE TO FILE. — ANY LEGITIMATE LABOR ORGANIZATION MAY FILE A REQUEST FOR SEBA CERTIFICATION IN THE REGIONAL OFFICE WHICH ISSUED I'S "Resun Election”CERTFICATE OF REGISTRATION OR CERTIFICATE OF CREATION OF CHARTERED Local. SECTION 2, REQUIREMENTS FOR REQUEST OF SEBA CERTIFICATION. — THE ‘REQUEST FOR CERTIFICATION SHALL INDICATE: 8 THE NAME AND ADDRESS OF THE REQUESTING LEGITIMATE LABOR ORGANIZATION: THE NAME AND ADDRESS OF THE COMPANY WHERE'T OPERATES; ‘THE BARGAINING UNIT SOUGHT To BE REPRESENTED, ‘THE APPROKIATE NUMBER OF EMPLOYEES IN THE BARGAINING UNIT; AND THE STATEMENT OF THE EXISTENCENON-EXISTENCE OF OTHER LABOR ORGANIZATIONICBA, THE CERTIFICATE OF REGISTRATION AS DULY CERTIFIED BY THE PRESIDENT OF THE REQUESTING UNION OR CERTIFICATE OF CREATION OF CHARTERED LOCAL ‘8S DULY CERTIFIED BY THE PRESIDENT OF THE FEDERATION OF THE LOCAL SHALL BE [ATTACHED TO THE REQUEST, SECTION 3. ACTION ON THE REQUEST, - WITHIN ONE (1; DAY FROM THE SUBMISSION (OF THE REQUEST, THE REGIONAL DIRECTOR SHALL: 1. DETERMINE WHETHER THE REQUEST IS COMPLIANT WITH THE PRECEDING SECTION ANO WHETHER THE BARGAINING UNTT SOUSHT TO SE REPRESENTED IS ORGANIZED OR NOT: AND b, REQUEST A COPY OF THE PAYROLL FOR PURPOSES OF SEBA CERTIFICATION PURSUANT TO SECTION 4 OF THIS RULE, IF HEISHE FINDS IT DEFICIENT, THE REGIONAL CIRECTOR SHALL ADVISE THE REQUESTING UNION OR LOCAL TO COMPLY WITHIN TEN (10) DAYS FROM NOTICE. FAILURE TO COMPLY WITHIN THE PRESCRIBED PERIOD SHALL BE DEEMED \WITHORAWAL OF THE REQUEST FOR SEBA CERTFICATICN SECTION 4, REQUEST FOR CERTIFICATION IN UNORGANIZED ESTABLISHMENT WITH ONLY ONE (1) LEGITIMATE LABOR ORGANIZATION; VALIDATION PROCEEDINGS. - > THE REGIONAL DIRECTOR FINDS THE ESTABLISHMENT UNORGANIZED WITH ONLY ONE LEGITINATE LABOR ORGANIZATION, HEISHE SHALL 2ALL A CONFERENCE WITHIN FIVE (6) WORK DAYS FOR THE SUBMISSION OF THE FOLLOWING 4 THE NAMES OF EMPLOYEES IN THE COVERED BARGAINING UNIT WHO SIGNIFY THEIR SUPPORT FOR THE CERTIFICATION, PROVIDED THAT SAD EMPLOYEES COMPRISE AT LEAST MAIORITY OF THE NUMBER OF EMPLOYEES IN THE COVERED BARGAINING UNIT: AND , CERTIFICATION UNDER OATH BY THE PRESIDENT OF THE REQUESTING UNION OR LOCAL THAT ALL DOCUMENTS SUBMITTED ARE TRIE AND CORRECT BASED ON HISIHER PERSONAL KNOWLEDGE. THE SUBMISSION SHALL BE PRESUMED TO BE TRUE AND CORRECT UNLESS CONTESTED UNDER OATH BY ANY MEMBER OF THE BARGAINING UNIT DURING THE VALIDATION CONFERENCE. FOR THIS PURPOSE, THE EMPLOYER OR ANYREPRESENTATIVE OF THE ENPLOYER SHALL NOT BE -EMED A PARTY.ININTEREST ‘BUT ONLY AS ABY-STANOER TO THE PROCESS OF CER’ ICATION. If THE REQUESTING UNION OR LOCAL FALS TO COMPLETE THE REQUIREMENTS FOR SEA CERTIFICATION DURING THE CONFERENCE, THE REQUEST FOR SEBA CERTIFICATION SHALL BE REFERRED TO THE ELECTION OFFICER FOR THE CONDUCT OF ELECTION PURSUANT TO RULE IX OF THIS RULES, SECTION 4.1. ACTION ON THE SUBMISSION. - IF THE RESIONAL DIRECTOR FINDS THE REQUIREMENTS COMPLETE, HEISHE SHALL ISSUE OURING THE CONSERENCE A CERTIFICATION AS SOLE AND EXCLUSIVE BARGANING AGENT ENJOYING THE RIGHTS AND PRIVILEGES OF AN EXCLUSIVE BARGAINING AGENT OF ALL THE EMPLOYEES IN THE COVERED BARGAINING UNIT THE REGIONAL DIRECTOR SHALL CAUSE THE POSTING OF THE SEBA CERTIFICATION FOR FIFTEEN (15) CONSECUTIVE DAYS IN AT LEAST TWO (2) ‘CONSPICUOUS PLACES IN THE ESTABLISHMENT OR COVERED BARGANNG UNIT. SECTION 42, EFFECT OF CERTIFICATION. — PCN THE ISSUANCE OF THE CERTIFICATION &S SOLE AND EXCLUSIVE BARGAINING AGENT THE CERTFIED UNION. OR LOCAL SHALL ENJOY ALL THE RIGHTS AND PRIVILEGES OF AN EXCLUSIVE BARGAINING AGENT OF ALL THE EMPLOYEES IN THE COVERED BARGAINING UNIT THE CERTIFICATION SHALL BAR THE FLING OF A ETITION FOR CERTIFICATION ELECTION BY ANY LABOR ORGANIZATION FOR A PERIOL OF ONE (1) YEAR FROM THe DATE OF ITS ISSUANCE. UPON EXPIRATION OF THIS ONE-YEAR PERIOD, ANY LEGITIMATE LABOR ORGANIZATION WAY FLE A PETITION. FOR CERTIFICATION ELECTION IN THE SAME BARGAINING UNIT REPRESENTED BY THE CERTIFIED LAGGh, ORGANIZATION, UNLESS 4 COLLECTIVE BARGAINING AGREENENT SETWEEN Tre EMPLOYER AND THE CERTIFIED LABOR ORGANIZAION WAS EXECUTED. AND REGISTERED WITH THE REGIONAL OFFICE IN ACCORDANCE WITH RULE XvIl OF THIS ULES, ‘SECTION §. REQUEST FOR CERTIFICATION IN UNORGANIZED ESTABLISHMENT WITH MORE THAN ONE (1) LEGITIMATE LABOR ORGANIZATION. IF THE REGIONAL ONCCrOR FINDS THE ESTABLISHVENT UNORGANIZED WITH MORE THAN ONE LEGITIMATE LABOR ORGANIZATION, HEISHE SHALL REFER THE SAME TO THE ELECTION OFFICER FOR THE (CONDUCT OF CERTIFICATION ELECTION, THE CERTIFICATION ELECTION SHALL BE CONDUCTED IN ACCORDANCE WiTH RULE IX OF THIS RULES, SECTION 6. REQUEST FOR CERTIFICATION IN ORGANIZED ESTABLISHMENT, . IF THE REGIONAL DIRECTOR FINDS THE ESTABLISHMENT ORGANIZED, HEISHE SHALL RECA THE SAME TO THE MEDIATOR-ARBITER FOR THE DETERMINATION OF THE PROPRIETY GE CONDUCTING A CERTIFICATION ELECTION IN ACCORDANCE WITH RULES Vil AND X (OF THIS RULES, SECTION 4. « Section 1 of Rule Vl, a6 lst amended by D.0. 40.43, is hereby further ‘amended, o read as follows: RULE VIE ‘CERTIFICATION ELECTION aSection 1. Who May File. ~ Any legitimate later ganizefon,incaing a national union or feceraton tat has issued a charrette 1 is cach rte lcalchnter se ay fie petion or certification eecon ‘A afiona union or federation fing pation in bel of is lacalchaper sha not be requted to disclose he names of te ocalehapiers offers ard membos bu shal sis tee Patton the charter confcaetisved to is ocalchapter \Wnenrequestod to bargain colectey in @barganingunt where no registered collective bargaining agreoment ext, an employer may fle a ptton for ceriicaton lactone Regional Ofc. In all cases, whether the petion for cotton election is fed by an employer or @ leglimate Tabor organizaton, the employer shall not be casera party thet wih ercamfant ight 10 oppose a petion fr cerficaton election The employer’ parcpaton ia such proceedings shal bo lmted io) being noted or formed of pions of such nar, and (2 suiting te listo employees dung te preelctn conference shoul the Mela Arter 2 Fvoraly onthe peiton, HOWEVER, MANIFESTATION OF FACTS THAT OULD Alp ThE. MEDIATOR.ARBITER IN EXPEDITIOUSLY RESOLVING THE PETITION SUCH AS EXISTENCE OF A CONTRACT-BAR, ONE YERR BAR OR DEADLOCK BAR MAY BE CONSIDERED HE CONTRACT-BAR RULE SHALL APPLY IN ANY OF THE FOLLOWING: (1) WHEN THERE EXISTS AN UNEXPIRED REGISTERED CBA; OR (2) WHEN THERE IS NO CHALLENGE ON THE REPRESENTATION STATUS OF THE INCUMBENT UNION OURING THE FREEDOM PERIOD. SECTION 5.- Section 2of Rule Vis hereby amended to ra: as follows: Section 2, Where to Fle. A petton for cericatonelcon shall be flod withthe Regional Office which isued the petting union's cereale ofrgistation or corbcate of weasoe ot chatered lca AT THE OPTION OF THE PETITIONER, & PETITION FOR CERTIFICATION ELECTION ‘AND ITS SUPPORTING DOCUMENTS MAY ALSO BE FILED ONLINE ‘The petton shal be heard and resolved bythe Medison Ait, Where two (2) oF mae pettonsinvoing the same bayaining unit are fed in one (1) Fegan Offce, the same shall be avomatcally consolidated with he Mesto iter wns fey aired Jurscton, Where the gets ae fled in diferent Regional Oies, ie Reioral fice in which the pettion was ft fled shal exclude alates: in which case the lt shel indore the pein tthe former for consoldation, ‘SECTION 6, Anew provision is hereby inserted as Section, to reads follows: Section 7. POSTING. - THE REGIONAL DIRECTOR OR ISIMER AUTHORIZED DOLE PERSONNEL, ANDIOR THE PETITIONER SHALL BE RESPONSIBLE FOR THE POSTING OF THE NOTICE OF PETITION FOR CERTIFICATION ELECTION‘SECTION 7, « Section 17, Relasse of OrderDecision within Ten (10) Days from the Last Hearing is hereby renumbered as Section 18 and amended, to read a flows: Section 18, Release of OrderDecision within Ten (10) Days from the Last Hearing, MEDIATOR-ARITER shal relase hier order or dciion ranting o denying the Peart rte epates WITHIN TEN (10) DAYS FROM THE LAST HEARING, COPY FURNISHED THE ENPLOYER, ‘SECTION 8, - Sections subsequent to Inserted new provisions andlor e-numbered sections sre renumbered secordingy. ‘SECTION 9, A now provision is hereby added as Section 1, Rule Xo read as follows: RULE CONDUCT OF CERTIFICATION ELECTION SECTION 1. EMPLOYER AS BY-STANDER. - SUBJECT TO THE PROVISIONS OF PARAGRAPH 3, SECTION 1 OF RULE Vill THE PRINCIPLE OF THE EMPLOYER AS BY. STANDER SHALL BE STRCTLY OBSERVED THROUGHOUT THE CONDUCT OF CERTIFICATION ELECTION. THE ENPLOYER SHALL NOT HARASS, INTIMIDATE, THREAT (OR COERCE ENPLOYEES BEFORE, OURING AND AFTER ELECTIONS, SECTION 10. «Section 5, Qualification of Voters; Inclusion-Excusion, is hereby numbered as Section 6 and amended to read as follows: ‘Section 6. Qualication of Voters; Inclusion-Exclusion. - ALL EMPLOYEES WHO ARE EMBERS OF THE APPROPRIATE BARGAINING UNIT THREE 3) MONTHS PROR TO THE FLING OF THE PETITIONREQUEST SHALL BE ELIGIBLE TO VOTE. An employee who has boon dissec from work but has cntstd the legal othe damisaln a forum of appropiate |uiciction a the time of te issuance ofthe err fr the conduct of a ceriiaton lashes shal be considered a qualfd voter, ness hcher dismissal was dele val ina nal jument at the time of te conduct ofthe cerca election, In case of disagreement over he voter’ Iter over the elgibily of voles, al contested \wiers shal be alowed to vote, But ter voles shal be segrgeted and sealed in inal femvelopes in accordance wih Sectons 11 and 12 of ths ule, SECTION 11 - Section 6, Posting of Notices, is hereby renumbered as Section 7 and amended toreadas folows: ‘Section 7. Posting of Notices. ~ THE ELECTION OFFICER ANDIOR AUTHORIZED DOLE PERSONNEL SHALL CRUSE THE POSTING OF NOTICE OF ELECTION AT LEAST TEN (0) DAYS BEFORE THE ACTUAL DATE OF THE ELECTION IN THO (2] MOST CONSPICUGUS PLACES INTHE COMPANY PREMISES. The notce shal conan {The dao tie and vonuels ofthe election, which i preleraby within the estabishment . Names ofall contending unions; and © The description of he barganing ust and heist of elite ad challenged votersTHE POSTING OF THE LIST OF EMPLOYEES COMPRISING THE BARGAINING UNIT SHALL BE DONE BY THE DOLE PERSONNEL. The posting ofthe notoe of electon the information requied to be included therein andthe {uration of posting cannct be waived by the canendng union he employer. SECTION 12, Section 7 of Rule IX, is hereby renumbered ss Section 8 and amended to read 2 follows: Section 8, Secrecy and Sanctty of the Ballot. To ensure secrecy ofthe bal. the Ebctn Officer, together wth the authorized representatives ofthe contending unions, shall belo the Sart of he actual wotng, inspect he poling place, he ballot boxes andthe poling booths, NO DEVICE THAT COULD RECORD OR IDENTIFY THE VOTER OR OTHERWISE UNDERMINE THE SECRECY AND SANCTITY OF THE BALLOT SHALL BE ALLOWED WITHIN ‘THE PREVISES, EXCEPT THOSE DEVICES BROUGHT IN BY THE ELEOTION OFFICER. ANY OTHER DEVICE FOUND WITHIN THE PREWISES SHALL BE CONFISCATED BY THE ELECTION OFFICER AND RETURNED TO ITS OWNER AFTER THE CONDUCT OF THE CERTIFICATION ELECTION. SECTION 13, Section 9 of Rule IX is heroby renumbered 85 Section 10 and amended, to reads follow: Section 10. Casting of Votes. The voter must put across (Xo check (V") mack nthe square {ppc the name ofthe chasen union or"No Union if she does not want fo be representd by any aren. the voter inadvertenty spo a ball, helshe shall eum it to the Election Ofc who stall destroy and give hirer another ba. ANY MENBER OF THE BARGAINING UNIT WHO IS UNTENTIONALLY OMITTED IN THE MASTER LIST OF VOTERS MAY BE ALLOWED TO VO"E F BOTH PARTIES AGREE OTHERWISE, HE/SHE WILL BE ALLONED TO VOTE QUT THEBALLOT IS SEGREGATED ‘SECTION 14 Section 12 of Rule IX is hereby renumbered ae Section 13 and amended, to read as follows: ‘Section 13, Protest; When Perfected. — Any parynintrest may fle protest based on the landuct oF mechanics ofthe electon, Such protests shall be recorded i the minutes 0 ho tecton proceedings, Protests not so raised immedatey afer te as blot east ao deemed valved, GENERAL RESERVATION TO FILE A PROTEST SHALL BE PROHIBITED, THE PROTESTING PARTY SHALL SPECIFY THE GROUNDS FOR PROTEST The protesting party must fomatze its protest withthe Mediators, wih specie grounds, arguments and exdence, win fv (5) dys air the cose of he election proceedings Hot recorded in the minutes and formalized within the prescited period, the grtet shal te eared croppedSECTION 15, - Section 15 of Rule IX is hereby ronumbored as Section 16 and amend read a follows: Section 16. Certification of Collective Bargaining Agert. - The union which obtained a Imo ofthe valid votes cast shall be cere’ as the sla ard excusire baroaing agent oll the employees in the aoropriate bargaining uit within fv (day rom the Gayo he elecon Provided a protest is eco nthe minutes ofthe acon WHEN THE WINNING CHOICE IS A LOCAL CHAPTER WITHOUT A CERTIFICATE (OF CREATION OF CHARTERED LOCAL, SUCH LOGAL CHAPTER SHALL SUBMIT 3 DOLE |'SSUED CERTIFICATE OF CREATION WITHIN FIVE (5) DAYS FROM THE CONCLUSION OF ELECTION ‘SECTION 16.- Anew provision is hereby added ae Section 18, to read as follows SECTION 18. RERUN ELECTION. - WHEN A CERTIFICATION, CONSENT OR RUN-OFF ELECTION RESULTS TO A TIE BETWEEN THE TWO (2) CHOICES, THE ELECTION OFFICER SHALL IMNEDIATELY NOTIFY THE PARTIES OF & RE-RUN ELECTION. THE ELECTION. OFFICER SHALL CAUSE THE POSTING OF THE NOTICE OF RE-RUN ELECTION WITHIN FE (6) DAYS FROM THE CERTIFICATION, CONSENT OR RUN-OFF ELECTION, THE RE RUN ELECTION SHALL BE CONDUCTED WITHIN TEN (10) JAYS AFTER THE POSTING OF NOTICE THE CHOICE RECEWING THE HIGHEST VOTES CAST OURING THE RERUN ELECTION SHALL BE OECLARED THE WINNER AND SHALL BE CERTIFIED ACCORDINGLY SECTION 17, - Soctions subsequent fo inserted new orovisions andlor renumbered sections are renumbered cordingly. ‘SECTION 18. Section 1 of Rule Xie hereby amended to read as follows RULE Xi INTERIINTRA-UNION DISPUTES AND OTHER RELATED [LABOR RELATIONS DISPUTES, Section 1. Coverage -Intrina-uion cisputes shal include: '% Cancelaton of registration of labor organization fled by its members or by anther labor ‘organization; . Conduct of etecton of union and worets' association cffcetsinulficaton of eleton of union and workers assoclaton offers ‘Ausilaccoun's examination of union or work’ sociation funds; Deregistaton of colecive bargaining agreements; 5 Vaiiyinvaiy of union afilaion or satiation, Voltyinvaty of acceptancelnen-acceptace for union rembership; Vaiditylinvaity of impeachmentexpulson of union and warkers’ association offers and members, \VALIDITVINVALIDITY OF THE SEBA CERTIFICATION; | Opposton to appcaton for union and CBA resto,|. Volatons of or dsapreements over any provision in @ union or worker’ assoiaton constitution and by avs: . Disagreements over chartering or regisraion of lor organizations and collective barganing agreements; |. Vilton of the rights nd condos of union or workers’ association membership; '. Violations ofthe eghts of legitimate labor organizations, except interpreation collective bargining agreements; and 1. Such oter disputes oF confess involng the rights to sltorganization, union membership and colectv Bargaining ~ 1+ Betwoon and among egimate labor organizations or 2. Between and among mamters of union ar workers associaton SECTION 19. Supersession. - All other rules, regulations, issuances, circulars. and administrative orders inconsistent herewith are hereby supersedec. SECTION 20, Separability Clause. - If any part or provsion of this Order shall be held ‘unconstitutional or invalid, other parts or provisions thereat wich are not affected thereby shal continve tobe in fll fore and effect. SECTION 21. Effectivy. - This Order shall take effet fiten (15) days following its publication in atleast two (2) newspapers of general circulation Mania, Pilippines, 07 September 2015, RosatinowomaPilis-BaLooz ‘Secretary OTT