April 1, 2022

DOLE DEPARTMENT ORDER NO. 40-J, S. 2022

AMENDING RULE VII OF THE IMPLEMENTING RULES OF BOOK V OF THE

LABOR CODE OF THE PHILIPPINES AS AMENDED BY DEPARTMENT ORDER
NO. 40, SERIES OF 2003

SECTION 1. Pursuant to Article 5 of the Labor Code of the

Philippines, as amended, Rule VII of Department Order No. 40, Series of
2003 amending the Implementing Rules of Book V of the Labor Code of the
Philippines is hereby further amended as follows: HTcADC

"Section 1. WHO MAY FILE . — Any legitimate labor

organization may file a request for SEBA certification in the Regional
Office which issued its certificate of registration or certificate of
creation of chartered local.
Section 2. Requirements for Request of SEBA Certification.
— The request for certification shall indicate:
a. the name, address, AND CONTACT DETAILS of the
REQUESTING UNION OR LOCAL;
b. the name, address, AND CONTACT DETAILS of the
company where it operates;
c. the bargaining unit sought to be represented;
d. the approximate number of employees in the bargaining
unit; and
e. the statement of the existence/non-existence of other labor
organization/CBA.
A COPY OF THE CERTIFICATE OF REGISTRATION OR
CERTIFICATE OF CREATION OF CHARTERED LOCAL SHALL BE
ATTACHED TO THE REQUEST.
Section 3. Action on the request. — Within one (1) day from
the submission of the request, the Regional Director shall:
a. determine whether the request is compliant with the
preceding section and whether the bargaining unit sought
to be represented is organized or not; and
b. DIRECT THE MANAGEMENT TO SUBMIT A CERTIFIED
TRUE copy of the payroll for purposes of SEBA certification
pursuant to Section 4 of this Rule. THE PAYROLL SHALL
BE SUBMITTED BY THE MANAGEMENT ON OR BEFORE
THE DATE OF THE FIRST VALIDATION CONFERENCE.
THE PAYROLL SHALL INDICATE AMONG OTHERS THE
POSITION OF THE EMPLOYEE, DATE HIRED, AND
MANNER OF PAYMENT OF WAGES.
IF THE REGIONAL DIRECTOR finds THE REQUEST deficient,
THE REGIONAL DIRECTOR shall NOTIFY the REQUESTING UNION
OR LOCAL to comply within ten (10) WORKING days from RECEIPT
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 OF notice. Failure to comply within the prescribed period shall be
deemed withdrawal of the request for SEBA certification. IF
SUFFICIENT, THE REGIONAL DIRECTOR SHALL CALL FOR A
VALIDATION CONFERENCE AS PROVIDED IN THE SUCCEEDING
PROVISION.
Section 4. Request for certification in unorganized
establishment with only one (1) legitimate labor organization;
Validation proceedings. — If the Regional Director finds the
establishment unorganized with only one legitimate labor
organization, he/she shall call a conference within five (5) WORKING
DAYS for the submission of the following:
a. the names of employees in the PROPOSED covered
bargaining unit who signify their support for the
certification, provided that said employees comprise at
least majority of the number of employees in the covered
bargaining unit; and
b. certification under oath by the President of the
REQUESTING UNION OR LOCAL that all documents
submitted are true and correct based on his/her personal
knowledge.
The submission shall be presumed to be true and correct unless
contested under oath by any member of the bargaining unit during
the validation conference. For this purpose, the employer or any
representative of the employer shall not be deemed a party-in-
interest but only as a by-stander to the process of certification.
SHOULD THE MANAGEMENT FAIL OR REFUSE TO
PROVIDE THE PAYROLL DURING THE VALIDATION
CONFERENCE, DESPITE THE DIRECTIVE BY THE REGIONAL
DIRECTOR, THE LIST OF EMPLOYEES IN THE BARGAINING UNIT
AS CERTIFIED UNDER OATH BY THE UNION PRESIDENT, OR
ANY SIMILAR DOCUMENT PROVIDED BY THE REQUESTING
UNION OR LOCAL THAT MAY AID THE REGIONAL DIRECTOR,
SHALL BE USED IN THE VALIDATION CONFERENCE.
If the REQUESTING UNION OR LOCAL, WITHOUT VALID
REASON, fails to complete the requirements for SEBA certification
during the VALIDATION conference, the request for SEBA
certification shall be referred to the Election Officer for the conduct of
certification election pursuant to Rule IX of this Rules. PROVIDED,
HOWEVER, THAT A REQUESTING UNION OR LOCAL WHO
JUSTIFIABLY FAILS TO COMPLETE THE REQUIREMENTS SHALL
HAVE TEN (10) WORKING DAYS FROM NOTICE TO COMPLY THE
SAME.
THE VALIDATION PROCEEDINGS SHALL NOT EXCEED A
TOTAL OF FIFTEEN (15) WORKING DAYS FROM THE DATE OF
THE FIRST VALIDATION CONFERENCE.
Section 4.1. Action on the submission. — If the Regional
Director finds the requirements complete, he/she shall issue WITHIN
THREE (3) WORKING DAYS TO THE REQUESTING UNION OR
LOCAL a certification as sole and exclusive bargaining agent enjoying
the rights and privileges of a SOLE AND exclusive bargaining agent
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 of all the employees in the covered bargaining unit.
The Regional Director AND/OR THE REQUESTING UNION OR
LOCAL shall cause the posting of the SEBA certification for fifteen
(15) consecutive days in at least two (2) conspicuous places in the
establishment or covered bargaining unit."
SECTION 2. All rules, regulations, issuances, circulars, and
administrative orders inconsistent herewith are repealed or modified
accordingly.
SECTION 3. This Order shall take effect fifteen (15) days after its
publication in a newspaper of general circulation.
Manila, Philippines, April 1, 2022.

(SGD.) SILVESTRE H. BELLO III

Secretary

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