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    NUWHRAIN - Manila Pavilion Hotel Chapter v. Secretary of Labor (2009)

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    Vianca Miguel
    The document discusses a case regarding the certification of a union as the exclusive bargaining agent. It held that for a union to be certified, it must obtain a majority of the valid votes cast as well as a majority of the bargaining unit voting. In this case, while the winning union received the most votes, it did not obtain a majority of the valid votes cast once all eligible votes were counted. As such, a run-off election must be held between the two top unions to determine which has majority support and should be certified.

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    NUWHRAIN - Manila Pavilion Hotel Chapter v. Secretary of Labor (2009)

    Uploaded by

    Vianca Miguel
    97 views1 page
    The document discusses a case regarding the certification of a union as the exclusive bargaining agent. It held that for a union to be certified, it must obtain a majority of the valid votes cast as well as a majority of the bargaining unit voting. In this case, while the winning union received the most votes, it did not obtain a majority of the valid votes cast once all eligible votes were counted. As such, a run-off election must be held between the two top unions to determine which has majority support and should be certified.

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    • NUWHRAIN - Manila Pavilion Hotel Chapter v. Secretary of Labor (2009)

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    The document discusses a case regarding the certification of a union as the exclusive bargaining agent. It held that for a union to be certified, it must obtain a majority of the valid votes cast as well as a majority of the bargaining unit voting. In this case, while the winning union received the most votes, it did not obtain a majority of the valid votes cast once all eligible votes were counted. As such, a run-off election must be held between the two top unions to determine which has majority support and should be certified.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    97 views1 page

    NUWHRAIN - Manila Pavilion Hotel Chapter v. Secretary of Labor (2009)

    Uploaded by

    Vianca Miguel
    The document discusses a case regarding the certification of a union as the exclusive bargaining agent. It held that for a union to be certified, it must obtain a majority of the valid votes cast as well as a majority of the bargaining unit voting. In this case, while the winning union received the most votes, it did not obtain a majority of the valid votes cast once all eligible votes were counted. As such, a run-off election must be held between the two top unions to determine which has majority support and should be certified.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 1

     NUWHRAIN - Manila Pavilion Hotel Chapter v.

    computing the required majority, and not just to determine


    Secretary of Labor (2009) which union won the elections.
    - ISSUE: W/N HIMPHLU was able to obtain the required
    majority for it to be certified as the exclusive bargaining - The conduct of a certification election has a two-fold
    agent NO objective: to determine the appropriate bargaining unit and
    to ascertain the majority representation of the bargaining
     Under the so-called "double majority rule," for there to be representative, if the employees desire to be represented at
    a valid certification election, majority of the bargaining all by anyone.
    unit must have voted AND the winning union must have
    garnered majority of the valid votes cast. o It is not simply the determination of who between
    two or more contending unions won, but whether it
    - Prescinding from the Court’s ruling that all the effectively ascertains the will of the members of
    probationary employees’ votes should be deemed valid the bargaining unit as to whether they want to be
    votes while that of the supervisory employees should be represented and which union they want to represent
    excluded, it follows that the number of valid votes cast them.
    would increase – from 321 to 337.
    - Having declared that no choice in the certification
    - Under Art. 256 of the Labor Code, the union obtaining the election conducted obtained the required majority, it
    majority of the valid votes cast by the eligible voters shall follows that a run-off election must be held to
    be certified as the sole and exclusive bargaining agent of determine which between HIMPHLU and petitioner
    all the workers in the appropriate bargaining unit. This should represent the rank-and-file employees.
    majority is 50% + 1.

    o Hence, 50% of 337 is 168.5 + 1 or at least 170.

    - HIMPHLU obtained 169 while petitioner received 151


    votes.

    o Clearly, HIMPHLU was not able to obtain a


    majority vote.

    - It bears reiteration that the true importance of ascertaining


    the number of valid votes cast is for it to serve as basis for

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