In Re: TNS Philippines, Inc.

[OS-A-01-01-16. February 2, 2017.](NCR-QC-CE-01-29-6-15)IN RE: PETITION FOR CERTIFICATION ELECTION AMONG THE RANK-AND-FILE EMPLOYEES OF TNS PHILIPPINES, INC.TNS EMPLOYEES ASSOCIATION-NATIONAL FEDERATION OF LABOR (TNSEA-NFL), petitioner-appellant,TNS PHILIPPINES, INC., employer.RESOLUTIONThis resolves the Motion for Reconsideration filed by Taylor Nelson Sofres Philippines, Inc. from our Decision dated 26 January 2016, the dispositive portion of which reads: WHEREFORE, premises considered, the Memorandum of Appeal of TNS Employees Association-National Federation of Labor (TNSEA-NFL) is hereby GRANTED. The Order dated 01 December 2015 of DOLE-NCR Mediator-Arbiter Cesar P. Petate is hereby REVERSED.Accordingly, let a certification election be conducted among the regular rank-and-file employees of TNS Philippines, Inc. with the following as choices:1.  TNS Employees Association-National Federation of Labor (TNSEA-NFL); and2.  No Union.SO DECIDED.In its Motion, Taylor Nelson Sofres Philippines, Inc. (TNS, for brevity) alleged that there is no employer-employee relationship between all the members of TNSEA-NFL and TNS. It also argued that the Mediator-Arbiter correctly dismissed the petition for certification election for failure to comply with Section 4, Rule VIII of Department Order No. 40-03. It further contended that the memorandum of...