DOLE D.O. NO. 40-03

WHO ARE QUALIFIED TO VOTE?

1. ALL EMPLOYEES WHO ARE MEMBERS OF THE APPROPRIATE BARGAINING UNIT SOUGHT TO BE REPRESENTED BY THE PETITIONER AT THE AT THE TIME OF THE ISSUANCE OF THE ORDER GRANTING THE CONDUCT OF CERTIFICATION ELECTION SHALL BE ELIGIBLE TO VOTE.

2. AN EMPLOYEE WHO HAS BEEN DISMISSED FROM WORK BUT HAS CONTESTED THE LEGALITY OF THE DISMISSAL IN A FORUM OF APPROPRIATE JURISDICTION AT THE TIME OF THE ISSUANCE OF THE ORDER FOR THE CONDUCT OF A CERTIFICATION ELECTION unless HIS/HER DISMISSAL WAS DECLARED VALID IN A FINAL JUDGMENT AT THE TIME OF THE CONDUCT OF CERTIFICATION ELECTION.

THE ELECTION OFFICER SHALL CAUSE THE POSTING OF NOTICE OF ELECTION AT LEAST TEN (10) DAYS BEFORE THE ACTUAL DATE OF THE ELECTION IN TWO (2) MOST CONSPICUOUS PLACES IN THE COMPANY PREMISES. THE NOTICE SHALL CONTAIN: A. THE DATE AND TIME OF ELECTION B. NAMES OF ALL CONTENDING UNIONS C. DESCRIPTION OF THE BARGAINING UNIT AND THE LIST OF ELIGIBLE AND CHALLENGED VOTERS

TO ENSURE THE SECRECY OF THE BALLOT, THE ELECTION OFFICER, TOGETHER WITH THE AUTHORIZED REPRESENTATIVES OF THE CONTENDING UNIONS AND THE EMPLOYER, SHALL BEFORE THE START OF THE ACTUAL VOTING, INSPECT THE POLLING PLACE, THE BALLOT BOXES AND THE POLLING BOOTHS.

THE VOTER MUST PUT A CROSS (X) OR CHECK () MARK IN THE SQUARE OPPOSITE THE NAME OF THE UNION OF HIS CHOICE OR NO UNION IF HE/SHE DOES NOT WANT TO BE REPRESENTED BY ANY UNION. IF A BALLOT IS TORN, DEFACED OR LEFT UNFILLED IN SUCH A MANNER AS TO CREATE DOUBT OR CONFUSION OR TO IDENTIFY THE VOTER, IT SHALL BE CONSIDERED SPOILED. IF THE VOTER INADVERTENTLY SPOILS A BALLOT, HE/SHE SHALL RETURN IT TO THE ELECTION OFFICER WHO SHALL DESTROY IT AND GIVE HIM/HER ANOTHER BALLOT.

AN AUTHORIZED REPRESENTATIVE OF ANY OF THE CONTENDING UNIONS AND EMPLOYER MAY CHALLENGE A VOTE BEFORE IT IS DEPOSITED IN THE BALLOT BOX ONLY ON ANY OF THE FOLLOWING: (1) that there is no employer-employee relationship between the voter and the company (2) that the voter is not a member of the appropriate unit which petitioner seeks to represent

THE ELECTION OFFICER SHALL RULE ON ANY QUESTION RELATING TO AND RAISED DURING THE CONDUCT OF THE ELECTION. IN NO CASE, HOWEVER, SHALL THE ELECTION OFFICER RULE ON ANY OF THE GROUNDS FOR CHALLENGE PREVIOUSLY MENTIONED.

ANY PARTY-IN-INTEREST MAY FILE A PROTEST BASED ON THE CONDUCT OR MECHANICS OF THE ELECTION.SUCH PROTESTS SHALL BE RECORDED IN THE MINUTES OF THE ELECTION PROCEEDINGS.

PROTESTS NOT SO RAISED ARE DEEMED WAIVED.

PROTESTING PARTY MUST FORMALIZE ITS PROTEST WITH THE MED-ARBITER WITH SPECIFIC GROUNDS, ARGUMENTS AND EVIDENCE. THE PROTEST MUST BE FILED WITHIN FIVE (5) DAYS AFTER THE CLOSE OF THE ELECTION PROCEEDINGS.IF NOT RECORDED IN THE MINUTES AND FORMALIZED WITHIN THE PRESCRIBED PERIOD, THE PROTEST SHALL BE DEEMED DROPPED.

WHERE THE ELECTION IS CONDUCTED IN MORE THAN ONE REGION, CONSOLIDATION OF RESULTS SHALL BE MADE WITHIN FIFTEEN (15) DAYS FROM THE CONDUCT THEREOF.

The union which obtained a majority of the valid votes cast shall be certified as the sole and exclusive bargaining agent of all the employees in the appropriate bargaining unit within five (5) days from the day of the election, provided no protest is recorded in the minutes of the election.

UPON ENTERING THE POLLING PLACE, TO PRESENT/DELIVER HIS APPOINTMENT TO THE ELECTION OFFICER.

TO DEMAND THAT HIS NAME BE RECORDED IN THE MINUTES OF VOTING AND COUNTING OF VOTES.

TO STAY IN SPACE RESERVED FOR WATCHERS IN THE POLLING PLACE.

TO WITNESS AND INFORM HIMSELF OF THE PROCEEDINGS OF THE ELECTION.

TO TAKE NOTES OF WHAT HE MAY SEE OR HEAR.

TO TAKE PHOTOGRAPHS OF THE PROCEEDINGS AND INCIDENTS, IF ANY, DURING THE COUNTING OF THE VOTES, AS WELL AS OF THE ELECTION RETURNS, TALLY BOARD, AND BALLOT BOXES.

TO FILE A PROTEST BASED ON THE CONDUCT OR MECHANICS OF THE ELECTION.

TO SEE THAT INDELIBLE INK IS BEING APPLIED PROPERLY

TO STAY AT THE BACK OF THE CHAIRMAN DURING THE COUNTING OF THE BALLOTS AND ENSURE THAT THE CHAIRMAN IS CORRECTLY READING THE BALLOTS.

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