Art. 255. Exclusive bargaining representation and workers’ participation in
policy and decision-making. The labor organization designated or selected by the
majority of the employees in an appropriate collective bargaining unit shall be the
exclusive representative of the employees in such unit for the purpose of collective
bargaining. However, 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,
subject to such rules and regulations as the Secretary of Labor and Employment may
promulgate, 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. For this purpose, workers and employers may form labormanagement
councils: Provided, That the representatives of the workers in such labormanagement
councils shall be elected by at least the majority of all employees in said
establishment. (As amended by Section 22, Republic Act No. 6715, March 21, 1989)
Art. 256. Representation issue in organized establishments. In organized
establishments, when a verified petition questioning the majority status of the
incumbent bargaining agent is filed before the Department of Labor and Employment
within the sixty-day period before the expiration of the collective bargaining agreement,
the Med-Arbiter shall automatically order an election by secret ballot when the verified
petition is supported by the written consent of at least twenty-five percent (25%) of all
the employees in the bargaining unit to ascertain the will of the employees in the
appropriate bargaining unit. To have a valid election, at least a majority of all eligible
voters in the unit must have cast their votes. The labor union receiving the majority of
the valid votes cast shall be certified as the exclusive bargaining agent of all the workers
in the unit. When an election which provides for three or more choices results in no
choice receiving a majority of the valid votes cast, a run-off election shall be conducted
between the labor unions receiving the two highest number of votes: Provided, that the
total number of votes for all contending unions is at least fifty percent (50%) of the
number of votes cast.
At the expiration of the freedom period, the employer shall continue to recognize the
majority status of the incumbent bargaining agent where no petition for certification
election is filed. (As amended by Section 23, Republic Act No. 6715, March 21, 1989)
Art. 257. Petitions in unorganized establishments. In any establishment where
there is no certified bargaining agent, a certification election shall automatically be
conducted by the Med-Arbiter upon the filing of a petition by a legitimate labor
organization. (As amended by Section 24, Republic Act No. 6715, March 21, 1989)
Art. 258. When an employer may file petition. When requested to bargain
collectively, an employer may petition the Bureau for an election. If there is no existing
certified collective bargaining agreement in the unit, the Bureau shall, after hearing,
order a certification election.
All certification cases shall be decided within twenty (20) working days.
The Bureau shall conduct a certification election within twenty (20) days in accordance
with the rules and regulations prescribed by the Secretary of Labor.
Art. 259. Appeal from certification election orders. Any party to an election may
appeal the order or results of the election as determined by the Med-Arbiter directly to
the Secretary of Labor and Employment on the ground that the rules and regulations or
parts thereof established by the Secretary of Labor and Employment for the conduct of
the election have been violated. Such appeal shall be decided within fifteen (15) calendar
days. (As amended by Section 25, Republic Act No. 6715, March 21, 1989)