ART. 231, Labor Code of the Phils.

Registry of Unions and Filing of Collective Bargaining Agreement

( Art. 231, Labor Code of the Phils.)

In an Organized Establishment	In an Unorganized Establishment
The CBA is duly registered.	There is no CBA; a petition for C.E. may be filed anytime.
Contract Bar Rule The Bureau shall not entertain any petition for certification election or any other action which may disturb the administration of the duly registered existing CBA affecting its parties. Freedom Period The representation aspect of the CBA is for a term of five (5) years. A certification election can only be filed within sixty (60) days prior to the expiration of the CBA. At the expiration of the freedom period, the employer shall continue to recognize the majority status of the incumbent bargaining agent where no petition for C.E. is filed.	One-year Bar Rule No petition for C.E. may be filed within one year from the date of a valid certification, consent or run-off election or from the date of voluntary recognition. The union that won and the employer must negotiate a CBA within 12 months. Failure to negotiate within the prescribed period will open the gate for another petition for C.E. Deadlock-bar Rule If a union had won and negotiation has commenced but it is caught in a deadlock, the deadlock itself is a barrier in holding a certification election. In other words, if the one year period for negotiation has lapsed and there is a deadlock with respect to the negotiation of the CBA, no petition for C.E. shall be entertained.