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WHEREAS, Section 12, Title IV of Executive Order No. 180 and Rule VI of its Implementing Rules provide that petitions for certification election and protests on the conduct and result of certification election and protests on the conduct and result of certification elections shall be filed with, heard and resolved by the Bureau of Labor Relations; WHEREAS, Executive Order No. 180 and its Implementing Rules do not contain the procedure for the filing and resolution of appeal from the decisions of the Bureau of Labor Relations in certification election cases; WHEREAS, Section 16 of Executive Order No. 180 provides that labor laws and procedures, whenever applicable, shall be followed in the resolution of complaints, grievances and cases involving government employees:chanroblesvirtuallawlibrary WHEREAS, Article 259 of the Labor Code and Section 12, Rule XI and Section 15, Rule XII of Department Order No. 9, otherwise known as the New Rules Implementing Book V of the Labor Code, provide that decisions of the Med-Arbiter in certification election cases may be appealed to the Office of the Secretary of Labor and Employment within ten (10) calendar days from receipt thereof by any of the parties; WHEREAS, in the interest of justice and due process, a remedy of ordinary appeal should be provided in certification election cases in the public sector; WHEREFORE, the Council hereby resolves to adopt and prescribe the following rules in the filing and resolution of appeals from the decisions of the Bureau of Labor Relations in certification election cases in the public sector; Section 1. Any party may appeal from the decision of the Bureau of Labor Relations granting or denying the petition for certification election or protests from the conduct and result of the certification election within ten (10) calendar days from receipt thereof. The appeal shall be filed with the Bureau of Labor Relations which shall immediately forward the appeal and the entire records of the case to the Secretary of Labor and Employment. Interlocutory orders issued by the Bureau of Labor Relations prior to the grant or denial of the petition or protest, including orders granting or denying motions for intervention, order granting or denying motions for inhibition, and orders on the inclusion and exclusion of voters shall not be appealable. However, any issue arising therefrom may be raised in the appeal on the decision granting or denying the petition or protest. Section 2. The appeal shall be under oath and shall consist of a memorandum of appeal specifically stating the grounds relied upon by the appellant with the supporting arguments and evidence. No appeal shall be received by the Bureau of Labor Relations unless it is accompanied by proof of service to all opposing parties Section 3. The appellee shall file its reply to the appeal within ten (10) calendar days from receipt of the copy of the appeal. The filing of the appeal from the decision of the Bureau of Labor Relations stays the holding of any certification election. Section 4. The aggrieved party is allowed to file one motion for reconsideration of the decision of the Secretary of Labor and Employment within ten (10) days from receipt thereof. Section 5. The decision of the Secretary of Labor and Employment shall be final and executory. The decision of the Secretary affirming the order to conduct a certification election shall be implemented by the Bureau of Labor Relations upon finality of the decision and shall not be stayed unless restrained by the Court of Appeals or by the Supreme Court. Section 6. The provisions of Rule VI of the Rules and Regulations to Govern the Exercise of the Right of Government Employees to Self-Organization are hereby modified accordingly. ADOPTED this
9th day of August 2001 in Quezon City, Philippines.
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