What is certification election?
"Certification election" is the process of determining, through secret ballot, the sole and exclusive representative of the employees in an appropriate bargaining unit, for purposes of collective bargaining or negotiation.
The purpose of a certification election is precisely the ascertainment of the wishes of the majority of the employees in the appropriate bargaining unit: to be or not to be represented by a labor organization, and in the affirmative case, by which particular labor organization.
If the results of the election should disclose that the majority of the workers do not wish to be represented by any union, then their wishes must be respected, and no union may properly be certified as the exclusive representative of the workers in the bargaining unit in dealing with the employer regarding wages, hours and other terms and conditions of employment.
The minority employees -- who wish to have a union represent them in collective bargaining -- can do nothing but wait for another suitable occasion to petition for a certification election and hope that the results will be different. They may not and should not be permitted, however, to impose their will on the majority -- who do not desire to have a union certified as the exclusive workers' benefit in the bargaining unit -- upon the plea that they, the minority workers, are being denied the right of self-organization and collective bargaining.
The right of self-organization embraces not only the right to form, join or assist labor organizations, but the concomitant, converse right NOT to form, join or assist any labor union. (G.R. No. 84433)
The purpose of a certification election is precisely the ascertainment of the wishes of the majority of the employees in the appropriate bargaining unit: to be or not to be represented by a labor organization, and in the affirmative case, by which particular labor organization.
If the results of the election should disclose that the majority of the workers do not wish to be represented by any union, then their wishes must be respected, and no union may properly be certified as the exclusive representative of the workers in the bargaining unit in dealing with the employer regarding wages, hours and other terms and conditions of employment.
The minority employees -- who wish to have a union represent them in collective bargaining -- can do nothing but wait for another suitable occasion to petition for a certification election and hope that the results will be different. They may not and should not be permitted, however, to impose their will on the majority -- who do not desire to have a union certified as the exclusive workers' benefit in the bargaining unit -- upon the plea that they, the minority workers, are being denied the right of self-organization and collective bargaining.
The right of self-organization embraces not only the right to form, join or assist labor organizations, but the concomitant, converse right NOT to form, join or assist any labor union. (G.R. No. 84433)
