In Re Mindanao Agri-Traders, Inc.

 [OS-A-23-8-17. January 24, 2018.](CARAGA-AND-CE-01-16-03-17)IN RE: PETITION FOR CERTIFICATION ELECTION OR CONSENT ELECTION AMONG THE RANK-AND-FILE WORKERS/EMPLOYEES OF MINDANAO AGRI-TRADERS, INC.ASSOCIATED LABOR UNIONS-TUCP, FOR AND IN BEHALF OF MINDANAO AGRI-TRADERS, INC. EMPLOYEES UNION (MAIEU)-ALU-TUCP, petitioner-appellant,MINDANAO AGRI-TRADERS, INC., employer-appellee.RESOLUTIONThis resolves the Memorandum of Appeal 1 from the Order dated 19 June 2017 of DOLE Regional Office No. XIII Mediator-Arbiter Rechell Bazar-Apao, the dispositive portion of which reads: WHEREFORE, the Petition for Certification Election is hereby DISMISSED. There is no employer-employee relationship between Mindanao Agri-Traders, Inc. and Mindanao Agri-Traders, Inc. Employees Union (MAIEU) ALU-TUCP.SO ORDERED.The facts are as follows:Mindanao Agri-Traders, Inc. (MATI, for brevity) is a corporation engaged in the business of exporting bananas with farm areas in the province of Agusan del Norte. It has a service agreement 2 with Strellas Multi-Purpose Cooperative (SMPC, for brevity).On 15 March 2017, Associated Labor Unions-TUCP (ALU-TUCP, for brevity), for and in behalf of Mindanao Agri-Traders, Inc. Employees Union-ALU-TUCP (MAIEU, for brevity), filed a Petition for Certification Election (Petition, for brevity) seeking to represent the more or less 400 rank-and-file employees...