Issuances of the Department of Labor and Employment and its Attached Agencies

Section 1

It is the policy of the State to promote free trade unionism through expeditious procedures governing the choice of an exclusive bargaining agent. The determination of such exclusive bargaining agent is a non-litigious proceeding and, as far as practicable, shall be free from technicalities of law and procedure, provided only that in every case, the exclusive bargaining agent enjoys the majority support of all the employees in the bargaining unit.

Section 2

The determination of an exclusive bargaining agent shall be through voluntary recognition in cases where there is only one legitimate labor organization operating within the bargaining unit, or through certification, run-off or consent election as provided in these Rules. (as created by DOLE Department Order No. 040-I-15, [September 7, 2015], and further amended by DOLE Department Order No. 040-J-22)