In Re SUMIFRU Philippines, Inc., T'boli, South Cotabato

 [OS-A-18-7-17. July 31, 2018.](RO12-SC-CE-001-17-04-17)IN RE: PETITION FOR CERTIFICATION ELECTION AMONG THE RANK-AND-FILE EMPLOYEES OF SUMIFRU, PHILIPPINES, INC., T'BOLI, SOUTH COTABATOSUMIFRU PHILIPPINES, INC. EMPLOYEES UNION-TUPAS, petitioner,SUMIFRU PHILIPPINES WORKERS ORGANIZATION (SPWO), intervenor,T'BOLI RANK AND FILE BANANEROS UNION (TRIBU), intervenor,KILUSANG MANGGAGAWA NG T'BOLI (KMT)-ALU-TUCP, forced-intervenor,SUMIFRU PHLIPPINES, INC., employer.RESOLUTIONThis resolves the Appeal filed by SUMIFRU Philippines, Inc. Employees Union-TUPAS (SPIEU, for brevity) from the Order dated 28 December 2017 of DOLE Regional Office No. XII Mediator-Arbiter Jasmin M. Demetillo-Galvan, the dispositive portions of which reads: Considering that no protest has been filed and the opening of the challenged ballots is immaterial and will not affect the result of the certification election, the above result is hereby declared as the final certification result. Pursuant to Section 19, Rule IX of Department Order No. 40-03, series of 2003, as amended, KILUSANG MANGGAGAWA NG T'BOLI (KMT)-ALU-TUCP is hereby certified as the sole and exclusive bargaining agent of the rank-and-file workers of Sumifru Philippines, Inc., T'boli, South Cotabato.SO ORDERED.The facts are as follows:SUMIFRU Philippines, Inc. (SUMIFRU, for brevity) is a corporation engaged in...