Question No. V on Certification Election BAR EXAM ON LABOR LAW (OCT 5, 2014) By Atty. Sonny Matula Law lecturer of MLQU-School of Law, University of Manila-College of Law and University of Perpetual Help-College of Law V. Liwayway Glass had 600 rank-and-file employees. Three rival unions –A, B,and C ‒participated in the certification elections ordered by the Med-Arbiter. 500 employees voted. The unions obtained the following votes: A-200; B-150;C-50; 90 employees voted “no union”; and 10 were segregated votes. Out of the segregated votes, four (4) were cast by probationary employees and six (6) were cast by dismissed employees whose respective cases are still on appeal. (10%) (A) Should the votes of the probationary and dismissed employees be counted in the total votes cast for the purpose of Determining the winning labor union? (B) Was there a valid election? (C) Should Union A be declared the winner? (D) Suppose the election is declared invalid, which of the contending unions should represent the rank-and-file employees? (E) Suppose that in the election, the unions obtained the following votes: A-250; B-150; C-50; 40 voted “no union”; and 10 were segregated votes. Should Union A be certified as the bargaining representative. Suggested answers: A. Yes, the votes of the probationary employees and the dismissed employees should be counted. On the first day of employment the workers shall have the right to be a member of a union and, thus, even probationary workers have the right to choose their bargaining representative (Article 277[c] of the Labor Code as amended by RA 6715). Dismissed employees who are still contesting their dismissal shall still be considered as employees because under Article 212 (f), the term include any individual whose work has ceased as a result or in connection with any current labor dispute or because of any unfair labor practice if he has not obtained any other substantially equivalent and regular employment. B. There was a valid election but no certified bargaining agent was chosen because the highest vote of 200 which was obtained by union A was not enough to meet the majority vote required. The majority of the 500 votes cast is 251 votes. C. No. Union A is short of 51 votes. D. None. As no union was chosen in an invalid election. E. No. Union A is short of 1 vote to have a majority. The ten (10) segregated votes should be opened as the same is a substantial number to declare as winner. Also as shown above the probationary and dismissed workers are qualified to vote.
Posted on: Mon, 20 Oct 2014 03:59:13 +0000
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