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Republic of the PhilippinesPUBLIC SECTOR LABOR MANAGEMENT COUNCIL

Constitution Hills Diliman Quezon City

PSLMC Resolution No 03 S 2001

Re GUIDELINES IN THE FILING AND RESOLUTION OFAPPEAL FROM THE DECISIONS OF THE BUREAU OF

LABOR RELATIONS ON CERTIFICATION ELECTION CASESIN THE PUBLIC SECTOR

WHEREAS Section 12 Title IV of Executive Order No 180 andRule 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 resolvedby the Bureau of Labor Relations WHEREAS Executive Order No 180 and its Implementing Rulesdo not contain the procedure for the filing and resolution of appeal from the decisions of the Bureau of Labor Relations incertification election cases WHEREAS Section 16 of Executive Order No 180 provides that

labor laws and procedures whenever applicable shall befollowed in the resolution of complaints grievances and casesinvolving government employees WHEREAS Article 259 of the Labor Code and Section 12 RuleXI and Section 15 Rule XII of Department Order No 9otherwise known as the New Rules Implementing Book V of theLabor Code provide that decisions of the Med-Arbiter incertification 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 remedyof ordinary appeal should be provided in certification electioncases in the public sector WHEREFORE the Council hereby resolves to adopt andprescribe the following rules in the filing and resolution of

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appeals from the decisions of the Bureau of Labor Relations incertification election cases in the public sector Section 1 Any party may appeal from the decision of theBureau 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 fromreceipt thereof The appeal shall be filed with the Bureau of Labor Relations which shall immediately forward the appealand the entire records of the case to the Secretary of Laborand Employment Interlocutory orders issued by the Bureau of Labor Relationsprior to the grant or denial of the petition or protest includingorders granting or denying motions for intervention ordergranting or denying motions for inhibition and orders on the

inclusion and exclusion of voters shall not be appealableHowever any issue arising therefrom may be raised in theappeal on the decision granting or denying the petition orprotest Section 2 The appeal shall be under oath and shall consist of amemorandum of appeal specifically stating the grounds reliedupon by the appellant with the supporting arguments andevidence No appeal shall be received by the Bureau of LaborRelations unless it is accompanied by proof of service to allopposing parties Section 3 The appellee shall file its reply to the appeal withinten (10) calendar days from receipt of the copy of the appealThe 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 forreconsideration of the decision of the Secretary of Labor andEmployment 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 theSecretary affirming the order to conduct a certificationelection shall be implemented by the Bureau of LaborRelations upon finality of the decision and shall not be stayedunless restrained by the Court of Appeals or by the SupremeCourt

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Section 6 The provisions of Rule VI of the Rules andRegulations to Govern the Exercise of the Right of GovernmentEmployees to Self-Organization are hereby modifiedaccordingly ADOPTED this 9th day of August 2001 in Quezon CityPhilippines

KARINA CONSTANTINO-DAVIDChairperson Civil Service Commission

CHAIRMAN

PATRICIA A STO TOMAS

Secretary Department of Labor and Employment VICE-CHAIRMAN

HERNANDO M PEREZ JOSE ISIDRO CAMACHOSecretary Department of Justice Secretary Department of

FinanceMember Member

EMILIA T BONCODIN

Secretary Department of Budget and Management Member

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Section 6 The provisions of Rule VI of the Rules andRegulations to Govern the Exercise of the Right of GovernmentEmployees to Self-Organization are hereby modifiedaccordingly ADOPTED this 9th day of August 2001 in Quezon CityPhilippines

KARINA CONSTANTINO-DAVIDChairperson Civil Service Commission

CHAIRMAN

PATRICIA A STO TOMAS

Secretary Department of Labor and Employment VICE-CHAIRMAN

HERNANDO M PEREZ JOSE ISIDRO CAMACHOSecretary Department of Justice Secretary Department of

FinanceMember Member

EMILIA T BONCODIN

Secretary Department of Budget and Management Member