Republic of the Philippines DEPARTMENT OF LABOR AND EMPLOYMENT ition Capital i ty Mev an es DOLENCR Baling sera Reon ts | hala IN RE: PETITION FOR > CERTIFICATION ELECTION AMONG ALL REGULAR RANK. ECE AND-FILE EMPLOYEES OF D. ae CONCRETE MASTERS, INC. (CMI) DATE: Case No. NCR-MTPLFO-CE-04-27- F 06-19 PHILIPPINE TRADE AND GENERAL WORKERS. ORGANIZATION for and in behalf of its chapter Union, the CMI WORKERS UNION - PTGWO, LOCAL CHAPTER NO. 1007, Petitioner, CONCRETE MASTERS, INC. (CMI) Employer. ORDER On 18 December 2019, this Office issued an Order for the opening, counting and canvassing of the four (4) votes challenged by the petitioner or the votes of Mark Torres, Janith Tobilla, Aurelio Soriano, Jr. and Edgar Aspacio and excluded the rest of the challenged votes for lack of employer- employee relationship. On 08 January 2020, petitioner filed a Memorandum of Appeal from the said Order praying that five (5) of the excluded votes be included in the votes to be opened, counted and canvassed. Let it be emphasized that the Order dated 18 December 2019 is not appealable as the same is an interlocutory order. It is the Order proclaiming and certifying the result of the certification election which is appealable pursuant to Section 22, Rule IX of Department Order No. 40-03, as amended. * section 22. Appeal; finality of decision. ~ The decisions of the Mediator-Arbiter may be appealed to the Secret within ten (10) days from receipt by the parties of a copy thereof.IN RE: Petition for Certification Election CMI Employees Union-PTGWO. NCR-CFO-MTPLFO-CE-04-27-06-19 Page 20f2 Thus, the final result of rank-and-file employees of November 2019 is as follows: Total No. of Eligible Voters ---. the certification election among the regular Concrete Masters, Inc. conducted on 05 CMI EMPLOYEES UNION PTGWO -. NO UNION ---. SPOILED -- SEGREGATED TOTAL VOTES CAST ~ 363, The foregoing result shows that the regular rank-and-file employees of Concrete masters, Inc. opted not to be represented by a union. WHEREFORE, CMI Employees Union PTGWO CANNOT be certified as sole and exclusive bargaining agent of the regular rank-and-file employees of Concrete Masters, Inc.. SO ORDERED. Manila, Philippines, 14 January 2020. ATTY. OLIVIA 0. OBRERO-SAMSON lediator-Arbiter Copy furnished: Atty. Amel Dolendo National President Philippine Trade and General workers Organization (PTGWO) Rm. 304, Cecileville Bldg., 1203-1211 Quezon Avenue, Quezon City The Management Concrete Masters, Inc. AFB-RSBS Industrial Park, Km 12 East Service Rd. cor. C5 R. Western Bicutan, Taguig City Atty. Roger R. Paz, J