DOLE D.O. NO.
40-03
WHO ARE QUALIFIED TO VOTE?
1. ALL EMPLOYEES WHO ARE MEMBERS OF
THE APPROPRIATE BARGAINING UNIT
SOUGHT TO BE REPRESENTED BY THE
PETITIONER AT THE AT THE TIME OF THE
ISSUANCE OF THE ORDER GRANTING THE
CONDUCT OF CERTIFICATION ELECTION
SHALL BE ELIGIBLE TO VOTE.
2. AN EMPLOYEE WHO HAS BEEN DISMISSED
FROM WORK BUT HAS CONTESTED THE
LEGALITY OF THE DISMISSAL IN A FORUM OF
APPROPRIATE JURISDICTION AT THE TIME OF
THE ISSUANCE OF THE ORDER FOR THE
CONDUCT OF A CERTIFICATION ELECTION
unless HIS/HER DISMISSAL WAS DECLARED
VALID IN A FINAL JUDGMENT AT THE TIME OF
THE CONDUCT OF CERTIFICATION ELECTION.
THE ELECTION OFFICER SHALL CAUSE THE
POSTING OF NOTICE OF ELECTION AT LEAST
TEN (10) DAYS BEFORE THE ACTUAL DATE OF
THE
ELECTION
IN
TWO
(2)
MOST
CONSPICUOUS PLACES IN THE COMPANY
PREMISES.
THE NOTICE SHALL CONTAIN:
A. THE DATE AND TIME OF ELECTION
B. NAMES OF ALL CONTENDING UNIONS
C. DESCRIPTION OF THE BARGAINING UNIT
AND THE LIST OF ELIGIBLE AND
CHALLENGED VOTERS
TO ENSURE THE SECRECY OF THE
BALLOT, THE ELECTION OFFICER,
TOGETHER WITH THE AUTHORIZED
REPRESENTATIVES
OF
THE
CONTENDING UNIONS AND THE
EMPLOYER, SHALL BEFORE THE
START OF THE ACTUAL VOTING,
INSPECT THE POLLING PLACE, THE
BALLOT BOXES AND THE POLLING
BOOTHS.
THE VOTER MUST PUT A CROSS (X) OR CHECK
() MARK IN THE SQUARE OPPOSITE THE
NAME OF THE UNION OF HIS CHOICE OR NO
UNION IF HE/SHE DOES NOT WANT TO BE
REPRESENTED BY ANY UNION.
IF A BALLOT IS TORN, DEFACED OR LEFT
UNFILLED IN SUCH A MANNER AS TO CREATE
DOUBT OR CONFUSION OR TO IDENTIFY THE
VOTER, IT SHALL BE CONSIDERED SPOILED. IF
THE VOTER INADVERTENTLY SPOILS A BALLOT,
HE/SHE SHALL RETURN IT TO THE ELECTION
OFFICER WHO SHALL DESTROY IT AND GIVE
HIM/HER ANOTHER BALLOT.
AN AUTHORIZED REPRESENTATIVE OF ANY
OF THE CONTENDING UNIONS AND EMPLOYER
MAY CHALLENGE A VOTE BEFORE IT IS
DEPOSITED IN THE BALLOT BOX ONLY ON ANY
OF THE FOLLOWING:
(1) that there is no employer-employee
relationship between the voter and the
company
(2) that the voter is not a member of the
appropriate unit which petitioner seeks to
represent
THE ELECTION OFFICER SHALL RULE
ON ANY QUESTION RELATING TO AND
RAISED DURING THE CONDUCT OF
THE ELECTION.
IN NO CASE, HOWEVER, SHALL THE
ELECTION OFFICER RULE ON ANY OF
THE GROUNDS FOR CHALLENGE
PREVIOUSLY MENTIONED.
ANY PARTY-IN-INTEREST MAY
FILE A PROTEST BASED ON THE
CONDUCT OR MECHANICS OF THE
ELECTION.
SUCH
PROTESTS SHALL BE
RECORDED IN THE MINUTES OF
THE ELECTION PROCEEDINGS.
PROTESTS NOT SO RAISED ARE
DEEMED WAIVED.
1.
2.
3.
PROTESTING PARTY MUST FORMALIZE ITS
PROTEST WITH THE MED-ARBITER WITH
SPECIFIC GROUNDS, ARGUMENTS AND
EVIDENCE.
THE PROTEST MUST BE FILED WITHIN
FIVE (5) DAYS AFTER THE CLOSE OF THE
ELECTION PROCEEDINGS.
IF NOT RECORDED IN THE MINUTES AND
FORMALIZED WITHIN THE PRESCRIBED
PERIOD, THE PROTEST SHALL BE
DEEMED DROPPED.
WHERE THE ELECTION IS
CONDUCTED IN MORE THAN
ONE REGION, CONSOLIDATION
OF RESULTS SHALL BE MADE
WITHIN FIFTEEN (15) DAYS
FROM
THE
CONDUCT
THEREOF.
The union which obtained a majority
of the valid votes cast shall be
certified as the sole and exclusive
bargaining agent of all the
employees in the appropriate
bargaining unit within five (5) days
from the day of the election,
provided no protest is recorded in
the minutes of the election.
UPON ENTERING THE POLLING
PLACE, TO PRESENT/DELIVER HIS
APPOINTMENT TO THE ELECTION
OFFICER.
TO
DEMAND THAT HIS NAME BE
RECORDED IN THE MINUTES OF
VOTING AND COUNTING OF VOTES.
TO STAY IN SPACE RESERVED FOR
WATCHERS IN THE POLLING PLACE.
TO
WITNESS AND INFORM HIMSELF OF
THE
PROCEEDINGS
OF
THE
ELECTION.
TO
TAKE NOTES OF WHAT HE MAY SEE
OR HEAR.
TO
TAKE PHOTOGRAPHS OF THE
PROCEEDINGS AND INCIDENTS, IF
ANY, DURING THE COUNTING OF
THE VOTES, AS WELL AS OF THE
ELECTION
RETURNS,
TALLY
BOARD, AND BALLOT BOXES.
TO
FILE A PROTEST BASED ON
THE CONDUCT OR MECHANICS
OF THE ELECTION.
TO
SEE THAT INDELIBLE INK IS
BEING APPLIED PROPERLY
TO STAY AT THE BACK OF THE
CHAIRMAN DURING THE COUNTING
OF THE BALLOTS AND ENSURE THAT
THE CHAIRMAN IS CORRECTLY
READING THE BALLOTS.
