In Re: Cargill Philippines, Inc.

[OS-A-7-3-14. December 19, 2014.](RO3-RO-CE-05-12-06-13)IN RE: PETITION FOR CERTIFICATION ELECTION AMONG THE RANK-AND-FILE EMPLOYEES OF CARGILL PHILIPPINES, INC.KILUSAN NG MANGGAGAWANG MAKABAYAN CARGILL PHILS., INC. CHAPTER (KMM-CPIC), petitioner-appellant,CARGILL PHILIPPINES, INC., employer.RESOLUTIONThis resolves the Appeal filed by Kilusan ng Manggagawang Makabayan-Cargill Philippines, Inc. Chapter from the 30 January 2014 Order of DOLE Regional Office No. III Mediator-Arbiter Eladio De Jesus, the dispositive portion of which reads: WHEREFORE, premises considered, judgment is hereby rendered declaring the absence of employer-employee relationship between the subject challenged voters and the above-named employer.Accordingly, let the instant petition be, as it is hereby, DISMISSED and removed from the business calendar of this Office for lack of merit.SO RESOLVED.The pertinent facts are as follows:On 06 May 2013, Kilusan ng Manggagawang Makabayan-Cargill Philippines, Inc. Chapter (KMM-CPIC, for brevity), with Charter Certificate No. 13-01 1 filed a petition for certification election 2 to represent an estimated one hundred (100) regular rank-and-file employees of Cargill Philippines, Inc. (Cargill, for brevity), an unorganized establishment.On 29 May 2013, Cargill filed a Motion to Dismiss3 the petition for lack of employer-employee...