A certification election is the process by which employees in an appropriate bargaining unit vote to choose which labor union, if any, will be their exclusive bargaining representative for purposes of collective bargaining. It is ordered and supervised by the Department of Labor. Any legitimate labor organization may file a petition, and where the requirements are met, a secret-ballot election is held with the choices including the contending unions and a 'no union' option. The union that obtains a majority of the valid votes cast becomes the certified sole and exclusive bargaining agent for all the employees in the unit, whether or not they are members. The employer is generally a mere bystander in a certification election and cannot interfere with the workers' choice; doing so can be an unfair labor practice. A certified union enjoys a certain period of representation stability before another election can be sought.
What a Certification Election Is
A certification election lets employees in an appropriate bargaining unit vote on which union, if any, will be their exclusive bargaining representative. It is supervised by the DOLE.
The Process
- A legitimate labor organization files a petition;
- A secret-ballot election is held, with the contending unions and a “no union” choice; and
- The union with a majority of valid votes cast becomes the certified sole and exclusive bargaining agent.
The Employer Is a Bystander
The employer is generally a mere bystander and cannot interfere with the workers' choice — interference can be an unfair labor practice. The certified union then represents all employees in the unit, members or not, and enjoys a period of representation stability.
Practical Takeaways
- A certification election picks the exclusive bargaining agent by secret ballot;
- The winner represents all unit employees; and
- The employer must stay neutral — interference is a ULP.
Frequently Asked Questions
What is a certification election? The process by which employees vote to choose which union, if any, will be their exclusive bargaining representative for collective bargaining, supervised by the DOLE.
Who becomes the bargaining agent? The union that obtains a majority of the valid votes cast becomes the certified sole and exclusive bargaining agent for all employees in the unit, whether or not they are members.
Can the employer take sides? No. The employer is generally a bystander and cannot interfere with the workers' choice. Interference can constitute an unfair labor practice.
Is there a 'no union' option? Yes. The ballot includes the contending unions and a 'no union' choice, so employees can also vote against being represented by any union.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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