Practice question
In June 2026, a newly formed legitimate union is the only union in an unorganized private establishment. It requests direct SEBA certification under the discontinued Rule VII procedure, insisting that an election is unnecessary because it has no rival. What is correct?
- Its status as the only union makes the discontinued route available
- The new request cannot rely on the discontinued direct-certification route; exclusive representation must be pursued through the lawful certification-election process
- The employer may issue the SEBA certificate itself
- The union must dissolve because the procedure was discontinued
- Registration automatically supplies the missing election
Legal references
- https://lawphil.net/statutes/repacts/ra1989/ra_6715_1989.html — RA 6715, section 22, amending Labor Code Article 255: majority-selected exclusive representation and individual or group grievances.
- https://lawphil.net/statutes/repacts/ra2007/ra_9481_2007.html — RA 9481, sections 1–2 and 11: union legal personality and certification election in an unorganized establishment.
- https://dole.gov.ph/labor-advisory/ — Official DOLE index, Labor Advisory 07 s. 2026: discontinuance of requests and processing for SEBA certification under Rule VII of DO 40-03, as amended.
- https://normlex.ilo.org/dyn/nrmlx_en/f?p=NORMLEXPUB%3A13101%3A0%3A%3ANO%3A%3AP13101_COMMENT_ID%3A2319046 — Official ILO record reproducing the Philippine Government’s account of the final CA ruling and April 29, 2026 discontinuance of direct SEBA certification; used for that historical cutoff change.
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