guidelines in the filing of appeal from blr decision on cert election cases

7/30/2019 GUIDELINES in the Filing of Appeal From BLR Decision on Cert Election Cases

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Republic of the PhilippinesPUBLIC SECTOR LABOR MANAGEMENT COUNCIL

Constitution Hills, Diliman, Quezon CityPSLMC Resolution No. 03, S. 2001

Re: GUIDELINES IN THE FILING AND RESOLUTION OF APPEAL FROM THE

DECISIONS OF THE BUREAU OF LABOR RELATIONS ON CERTIFICATION ELECTION

CASES IN THE PUBLIC SECTOR

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 donot 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:chanroblesvirtuallawlibraryWHEREAS, 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 thatdecisions 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
http://www.chanrobles.com/legal4labor.htm#LABOR%20CODE%20OF%20THE%20PHILIPPINES%20%5BFULL%20TEXT%5Dhttp://www.chanrobles.com/legal4labor.htm#LABOR%20CODE%20OF%20THE%20PHILIPPINES%20%5BFULL%20TEXT%5D


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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 andexclusion 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 partiesSection 3. The appellee shall file its reply to the appeal within ten

(10) calendar days from receipt of the copy of the appeal. The filingof 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 theSupreme 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.

KARINA CONSTANTINO-DAVIDChairperson, Civil Service Commission

CHAIRMANPATRICIA A. STO. TOMAS

Secretary, Department of Labor and Employment

VICE-CHAIRMANHERNANDO M. PEREZ JOSE ISIDRO CAMACHO

Secretary, Department of Justice Secretary, Department of FinanceMember Member

EMILIA T. BONCODINSecretary, Department of Budget and Management


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guidelines in the filing of appeal from blr decision on cert election cases

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