In Re: Benguet Nickel Mines, Inc.

[OS-A-26-8-15. December 29, 2015.](R03-RO-CE-35-12-29-14)IN RE: PETITION FOR CERTIFICATION ELECTION AMONG THE REGULAR RANK-AND-FILE EMPLOYEES OF BENGUET NICKEL MINES, INC.BENGUET NICKEL MINES, INC., EMPLOYEES UNION-SOLIDARITY OF UNIONS IN THE PHILIPPINES FOR EMPOWERMENT AND REFORMS (BNMIEU-SUPER), petitioner-appellant,BENGUET CORP., NICKEL MINES, INC., employer-appellee.RESOLUTIONFor resolution is the Appeal filed by Benguet Nickel Mines, Inc., Employees Union-Solidarity of Unions in the Philippines for Empowerment and Reforms from the Resolution 1 dated 30 June 2015 of the DOLE Regional Office No. III Mediator-Arbiter Eladio de Jesus, the dispositive portion of which reads: WHEREFORE, PREMISES CONSIDERED, this Office declares:1. That all the aforesaid challenged voters are disqualified to participate in the subject certification election in the above-named establishment due to the absence of employer-employee relationship between the company and said challenged voters; and2. That petitioner is likewise disqualified to participate in the subject certification election for non-compliance with the Order of this Office dated 11 February 2015 in regard to the requisite filing of certification of creation of local/chapter pursuant to paragraph (e), Section 13, Rule VIII of Department Order No. 40-03,...