2. Eligibility for Membership

A. Right to Self-Organization

• Coverage and Eligibility for Membership; Exceptions – Labor Code, arts. 253-255; DOLE D.O. No. 40-03, Rule II, secs. 1-2
• Doctrine of Necessary Implication (Confidential Employees)
• Bargaining Unit – DOLE D.O. No. 40-03, Rule I, sec. 1(e)
• Commingling or Mixed Membership
• Inclusion as Members of Employees Outside the BargainingUnit – Labor Code, art. 256
• Registration of Unions, Chartering, Cancellation of Registration – Labor Code, arts. 240, 241, 245 and 247
• Sole and Exclusive Bargaining Agent (SEBA) (DOLE D.O. No. 40-03, Rule I, Sec. 1(u)); Modes to Acquire Status (DOLE D.O. No. 40-I-15)
• SEBA Certification – DOLE D.O. No. 40-03, Rule I, Sec. 1, as amended by DOLE D.O. No. 40-J-22
• Certification and Consent Election – DOLE D.O. No. 40-03, Rules VII and VIII, as amended
• Bars to the Holding of Certification Election – DOLE D.O. No. 40-03, Rule VIII, Sec. 14, and Rule XVII, Sec. 7, as amended; Omnibus Rules Implementing the Labor Code, Book V, Rule III, Sec. 14 (e)
• Failure of Election, Run-off Election, Re-run Election – DOLE D.O. No. 40-03, Rule IX, Secs. 17-19, as amended
• Employer as a Mere Bystander Rule – DOLE D.O. No. 40-03, Rule IX, sec. 1, as amended

Lump Sum Eligibility

A member who has not paid at least 36 monthly contributions.

Note: A member who has received a lump sum benefit; and is reemployed or has resumed self- employment not earlier than 1 year from the date of his disability shall again be subject to compulsory coverage and shall be considered a new member