In Re Marcventures Mining and Development Corp.

  [OS-A-8-2-16. March 23, 2018.](CARAGA SDS-CE-01-20-07-15)IN RE: PETITION FOR CERTIFICATION ELECTION AMONG THE RANK-AND-FILE EMPLOYEES AT THE MARCVENTURES MINING AND DEVELOPMENT CORPORATIONMARCVENTURES MINING AND DEVELOPMENT CORPORATION LABOR UNION-NATIONAL FEDERATION OF LABOR UNIONS-KILUSANG MAYO UNO (MMDCLU-NAFLU-KMU), petitioner-appellee,MARCVENTURES MINING AND DEVELOPMENT CORPORATION, employer-appellant,SAMAHAN NG RESPONSABLENG MANGGAGAWA NG MARCVENTURES MINING AND DEVELOPMENT CORPORATION (SRMMDC), forced-intervenor-appellant.RESOLUTIONFor resolution are two separate Memoranda of Appeal filed by Marcventures Mining and Development Corporation 1 (MMDC) and Samahan ng Responsableng Manggagawa ng Marcventures Mining and Development Corporation 2 (SRMMDC) from the 29 November 2016 Order of Circuit Mediator-Arbiter Abigail Dela Rosa, the dispositive portion of which reads: WHEREFORE, premises considered, petitioner-union MARCVENTURES MINING AND DEVELOPMENT CORPORATION LABOR UNION-NAFLU-KMU is hereby CERTIFIED as the sole and exclusive bargaining representative of all the rank-and-file employees of Marcventures Mining and Development Corporation.SO ORDERED.The facts are as follows:MMDC is a mining company operating in Surigao del Sur under Mineral Production Sharing Agreement No. 016-93-XI. cSEDTCOn 13 January 2014, Marcventures Mining and Development Corporation United Workers Union-NAFLU-KMU (MMDCUWU-NAFLU-KMU) filed a petition for certification election among the rank-and-file employees of...