1. Sole and Exclusive Bargaining Agent (See also Labor Advisory No. 07, s. 2026)

Commencement of Bargaining

During Certification Year or within 12 months after the determination and certification of the employees’ exclusive bargaining representative

Selection/Designation of an exclusive bargaining representative

General Rule: The labor organization designated/selected by the majority of the employees in an ABU shall be the exclusive bargaining representative of the employees in such unit for the purpose of collective bargaining.

Exceptions:

• An individual employee or group of employees shall have the right at any time to present grievances to their employer.
• Any provision of law to the contrary notwithstanding, workers shall have the right to participate in policy and decision-making processes of the establishment where they are employed insofar as said processes will directly affect their rights, benefits and welfare. Workers and employees may also form labor management councils for the same purpose. In such case, its representatives shall be elected by a majority of all employees in said establishment. (Labor Code, Art. 267)

Note: A bargaining unit is a group of employees sought to be represented by a petitioning union. Such employees need not be members of a union seeking the conduct of a certification election. A union certified as an exclusive bargaining agent represents not only its members but also other employees who are not union members (Holy Child Catholic School v. BHCCS-TELI-PIGLAS, G.R. 179146 ,2013).

SEBA CERTIFICATION

Voluntary recognition was repealed and replaced by a Request for the Sole and Exclusive Bargaining Agent Certification (D.O. No. 40-I-15 Series of 2015)

SEBA Certification may be issued if it is proved that the following concur:

• The bargaining unit is ununionized;
• The requesting union is the only union in that bargaining unit; and
• The CBU majority are members of the union

Effects of Certification

• Upon the issuance of the certification as SEBA, the certified union or local shall enjoy the rights and privileges of an exclusive bargaining agent of all the employees in the covered bargaining unit.
• The certification shall bar the filing of a petition for certification by any labor organization for a period of 1 year from the date of its issuance. Upon expiration of this 1- year period, any legitimate labor organization may file a petition for certification election in the same bargaining unit represented by the certified labor organization, unless a CBA between the employer and the certified labor organization was executed and registered with the Regional Officer in accordance with Rule XVII of this rules. (D.O. 40-i-15)

IN AN ORGANIZED ESTABLISHMENT

Organized establishment: an establishment with a duly certified bargaining agent and/or an existing CBA.

FIRST FORM: FAILURE OR REFUSAL TO MEET AND CONVENE

Employer cannot bargain directly with employees. The employer cannot ignore the bargaining agent and bargain directly with individual employees.