In Re: Petition for Certification Election or Direct Certification Election Among the Rank and File Employees of Magnacor Construction and Development Corporation

 [OS-A-1-08-00. August 18, 2000.](RO400-9903-RU-006)IN RE: PETITION FOR CERTIFICATION ELECTION OR DIRECT CERTIFICATION ELECTION AMONG THE RANK AND FILE EMPLOYEES OF MAGNACOR CONSTRUCTION AND DEVELOPMENT CORPORATION.NATIONAL MINES AND ALLIED WORKERS' UNION (NAMAWU) AND NAMAWU LOCAL 198, petitioner-appellant;MAGNACOR CONSTRUCTION AND DEVELOPMENT CORPORATION, respondent-appellee.D E C I S I O NNational Mines and Allied Workers' Union (NAMAWU) and NAMAWU Local 198 appeals the order dated 06 December 1999 of Med-Arbiter Anastacio L. Bactin, DOLE-Regional Office No. IV, dismissing its petition for certification election for lack of merit.The facts are undisputed.On 09 March 1999, appellant filed a petition for certification election in a bid to represent the regular rank-and-file employees of appellee. In support of its petition, appellant claimed that it is a legitimate labor organization; that there are more or less one hundred fifty (150) regular rank-and-file employees in the company; that the bargaining unit sought to be represented is unorganized; and that the petition is supported by more than twenty percent (20%) of the employees. Appellee moved to dismiss the petition contending that it does not employ...