Executive Summary

In Philippine labor relations, “unorganized” describes the status of a bargaining unit within an establishment where no exclusive bargaining agent (SEBA) has been certified or recognized and no registered CBA (collective bargaining agreement) currently covers that unit. The label matters because it governs who may file a petition, what support threshold applies, when elections can be held, and which bars prevent repeat petitions.

Core Definition (Plain-English)

An unorganized establishment—more precisely, an unorganized bargaining unit in an establishment—exists when:

No union has been certified/recognized as SEBA for that unit (no prior certification/consent election or administrative SEBA certification); and
No registered CBA is in force covering that unit.

The mere presence of a registered union in the company, union activity, or a labor-management council does not make a unit “organized.” Organization turns on SEBA status and (usually) a CBA covering that specific bargaining unit.

Why “Unorganized” Status Matters

1) Filing and Support Requirements

Unorganized unit: Any legitimate labor organization (LLO) may file a Petition for Certification Election (PCE) with at least 25% written support from employees in the appropriate unit at the time of filing.
Organized unit: Petitions are allowed only during the 60-day “freedom period” before CBA expiry; the 25% showing is not required.

2) SEBA Certification Without Election

In an unorganized unit, a union may seek administrative SEBA certification—no election—by proving majority support (and if uncontested by any rival within the period).
This path is unavailable in organized units.

3) Bars and Timing

Unorganized: No contract bar (no CBA yet). But once a valid election or SEBA certification occurs, a one-year election bar generally applies to the same unit.
Organized: The contract bar rule applies (no election outside the freedom period), plus the same one-year bar after a valid election.

“Appropriate Bargaining Unit” Lens

Status attaches to the bargaining unit, not the whole company. The unit is defined by community of interest (work similarity, supervision, wages, worksite, history). A company can simultaneously have:

Rank-and-file unit: unorganized
Supervisory unit: organized (or vice versa)

Multi-site employers may have separate units with different statuses.

Determining If a Unit Is Unorganized

Unorganized even if:

A union is registered/chartered in the company but not certified/recognized as SEBA for the unit.
Another unit in the same establishment has a SEBA/CBA.
A past CBA existed but expired with no current certified incumbent and no new CBA registered.

Organized (contrast) when:

A union is certified/recognized as SEBA for the unit; and typically
A registered CBA currently covers that unit (triggering the contract-bar/freedom-period regime).

Petitions in an Unorganized Unit

A) Certification Election (PCE) Route

Who may file: Any LLO seeking to represent the unit. Showing of interest: ≥ 25% written support of all unit employees at filing. Process (high level):

Petition stating unit scope + attachments (union legitimacy, signatures).
Med-Arbiter hearing on unit appropriateness and 25% threshold.
Order for Certification Election (OCE) if meritorious.
Pre-election conference: voters’ list, mechanics, ballots.
Election: Union with majority of valid votes cast is SEBA. “No Union” is always an option.

B) SEBA Certification (No Election) Route

When available: Unit unorganized; only one union seeks representation; it proves majority support via membership/verification. Effect: Med-Arbiter certifies union as SEBA. If a rival union properly contests, proceed to a PCE.

Bars to Petitions (Focused on Unorganized Units)

One-Year Bar Rule: After a valid certification/consent election or SEBA certification—no new petition for the same unit within one (1) year.
Prior-Petition Bar: A later petition is dismissed if an earlier similar petition for the same unit is pending (first-in-time priority).
Contract Bar: Not applicable until a CBA is registered and in effect for the unit (at which point the unit becomes organized).
SEBA Certification Bar: A recent valid SEBA certification similarly bars other petitions for a year.

Who Votes (and Who Doesn’t)

Included: Employees in the defined unit (usually both probationary and regular rank-and-file).
Excluded: Managerial employees; typically confidential employees aligned with labor relations; supervisors if the unit is rank-and-file (they form a separate unit).
Contractual/agency workers: Vote only if they are employees of the principal and fall within the unit; true agency employees belong, if at all, to the agency’s unit.

Cut-off rules on new hires, resignees, or dismissed workers (for cause) are settled in the pre-election conference; disputed voters can cast challenged ballots for later resolution.

Employer Conduct Standards (Heightened in Unorganized Units)

Strict neutrality: Employers may not file a petition, sponsor a union, or interfere (threats, promises, surveillance).
No ULPs (Unfair Labor Practices): Suppression, discrimination, or assistance to any union is prohibited.
Accurate voters’ list & access: Provide complete employee lists; respect reasonable access rules for campaigning and balloting.
Status-quo rule: Avoid unilateral wage/benefit changes aimed at influencing the vote.

Violations can delay or set aside elections and lead to administrative and criminal liability.

Edge Cases & Clarifications

Company union exists but not certified; no CBA: Unit remains unorganized; rivals may file (25% support) or pursue SEBA.
Expired CBA; bargaining ongoing; incumbent still certified: Unit typically remains organized until displaced, decertified, or the bar lifts.
Spin-offs/realignments: Transferred employees in a new entity or distinct unit with no SEBA/CBA are unorganized.
Mixed categories in one site: Separate rank-and-file and supervisory units can have different statuses simultaneously.
Consent election: Parties may stipulate to a consent election in an unorganized unit; the result carries the same bar effects as a certification election.

Practical Playbooks

For Unions (Unorganized Unit)

Pick the track: PCE (25% support) vs SEBA (majority).
Define the unit precisely (avoid sweeping in supervisors/managerials).
Audit your signatures: Date-stamped, within the filing window, tied to the unit roster.
File early & clean: Avoid defects that hand rivals a prior-petition bar advantage.
Election readiness: Poll watchers, challenges list, turnout plan, and post-election protests protocol.

For Employers (Compliance)

Neutrality training for supervisors; no statements that chill organizing.
Deliver the voters’ list accurately and on time; honor cut-off rules.
Facilities and time: Apply access rules neutrally; avoid disparate favors.
Document everything with the Election Officer; escalate legal queries to the Med-Arbiter rather than taking unilateral action.

Quick Decision Table

Question	If Yes	If No
Is there a certified/recognized SEBA for this unit?	Organized (freedom period rules apply)	Go to next
Is there a registered CBA covering this unit in effect?	Organized (contract bar applies)	Go to next
Was there a valid election/SEBA within the last 1 year?	Barred for now	Unorganized → PCE (25%) or SEBA (majority)

FAQs

Q: Our company has a CBA for supervisors; can rank-and-file petition now? A: Yes, if the rank-and-file unit has no SEBA/CBA, it is unorganized and may proceed (subject to the 25% requirement or SEBA majority path).

Q: Is 25% support always required? A: Only for a PCE in an unorganized unit. Not required for SEBA (majority) in an unorganized unit, and not required in an organized unit (but petitions there must fall within the freedom period).

Q: Can the employer file the petition to “let workers choose”? A: No. Employer-initiated petitions are prohibited and constitute interference.

Q: What if two unions file? A: The first-in-time petition proceeds (assuming proper form). Rival claims typically result in the Election Officer including all qualified choices on the ballot—or converting a SEBA request into a PCE.

Key Takeaways

“Unorganized” means no SEBA and no CBA covering the specific bargaining unit.
In an unorganized unit, unions have two paths: PCE with 25% support, or SEBA certification (majority, uncontested).
Once a SEBA/CBA is in place, the unit becomes organized, triggering the freedom-period and contract-bar doctrines.
Status is unit-specific; neutrality, accurate unit definition, and compliance with election procedures determine outcomes.

If you’d like, I can turn this into: (1) a PCE filing kit with model pleadings and signature forms, (2) a SEBA certification evidence matrix, and (3) an employer neutrality checklist to avoid ULP risk.