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COLLECTIVE BARGAINING AGREEMENT COLLECTIVE BARGAINING AGREEMENT

KNOW ALL MEN BY THESE

KNOW ALL MEN BY THESE PRESENTS:PRESENTS:

This Agreement made and executed by and

This Agreement made and executed by and between:between:

DUMOPOY, MALAKI AND ROLDAN MANUFACTURING INC., a corporation DUMOPOY, MALAKI AND ROLDAN MANUFACTURING INC., a corporation duly organized and existing under and by virtue of the laws of the Philippines duly organized and existing under and by virtue of the laws of the Philippines   with principal office at Illustre St., Davao City hereinafter referred to as the   with principal office at Illustre St., Davao City hereinafter referred to as the

COMPANY; COMPANY;

-and-DU

DUMOMOPOPOY, Y, MAMALALAKI KI ANAND D ROROLDLDAN AN MAMANUNUFAFACTCTURURINING G EMEMPLPLOYOYEEEESS   A

  ASSSSOCOCIAIATITION ON – – AMAMU, U, a a lalabor bor ununioion n duduly ly afaffifililiatated ed wiwith th AsAssosociciatatioion n of of  Manufacturing Union, a duly organized labor federation, registered under the Manufacturing Union, a duly organized labor federation, registered under the Cer

Certiftificaicate te of of RegRegististratration No. ion No. 9749745 5 (FE(FED) D) – – LC LC witwith h offofficeices s at at DavDavao ao CitCity,y, hereinafter referred to as the UNION.

hereinafter referred to as the UNION.

 WITNESSETH; THAT  WITNESSETH; THAT

 WHEREAS, the UNION has shown to the satisfaction of the COMPANY that it continues  WHEREAS, the UNION has shown to the satisfaction of the COMPANY that it continues to represent the majority of the rank and file employees within the appropriate bargaining unit as to represent the majority of the rank and file employees within the appropriate bargaining unit as hereinafter defined in Article 1, Section 1, hereof;

hereinafter defined in Article 1, Section 1, hereof;

 WHEREAS, the COMPANY and the UNION desire to

 WHEREAS, the COMPANY and the UNION desire to enter into an agreement to promoteenter into an agreement to promote and improve the industrial and

and improve the industrial and economic relations between the COMPANY and its employees andeconomic relations between the COMPANY and its employees and the UNION to establish a basic understanding relative to rates of pay, hours of work and other the UNION to establish a basic understanding relative to rates of pay, hours of work and other conditions of employment, to prevent strike and lockouts, slowdown and other disturbances or conditions of employment, to prevent strike and lockouts, slowdown and other disturbances or interference with production and operation, to obtain high levels of productivity and employees’ interference with production and operation, to obtain high levels of productivity and employees’ efficiency and performance, and to provide means from the prompt adjustments or dispositions efficiency and performance, and to provide means from the prompt adjustments or dispositions of all disputes or grievances at anytime arising hereunder, as will advance the welfare in the of all disputes or grievances at anytime arising hereunder, as will advance the welfare in the interest of the employees and foster cooperation between the COMPANY and the

interest of the employees and foster cooperation between the COMPANY and the UNION;UNION; NOW THERE

NOW THEREFORFORE, E, for for and and in in conconsidsideraeratiotion n of of the the prepremismises, es, and and of of the mutuathe mutuall premises, covenants, stipulation and conditions herein contained, the parties hereto agreed as premises, covenants, stipulation and conditions herein contained, the parties hereto agreed as follows: follows:  ARTICLE 1  ARTICLE 1 SCOPE OF AGREEMENT SCOPE OF AGREEMENT Section 1.

Section 1.   Appropriate Bargaining Agreement Unit – The appropriate bargaining unit  Appropriate Bargaining Agreement Unit – The appropriate bargaining unit covered by this Agreement consist of regular rank and file employees of the COMPANY except covered by this Agreement consist of regular rank and file employees of the COMPANY except those listed among the exclusion under Section 2 hereunder. Whenever the word “employee” is those listed among the exclusion under Section 2 hereunder. Whenever the word “employee” is use

used d in in thithis s AgrAgreeeemenment, t, it it shashall ll be be deedeemed med to to incincludlude e onlonly y thothose se witwithin the hin the appappropropriariatete  bargaining unit as defined.

 bargaining unit as defined. Section 2.

Section 2. Exclusions: Excluded from the bargaining unit are:Exclusions: Excluded from the bargaining unit are:  A] Employees occupying managerial and supervisory positions;

 A] Employees occupying managerial and supervisory positions; B] Probationary, temporary, casual employees,

B] Probationary, temporary, casual employees, project workers/employees, summer job workersproject workers/employees, summer job workers and seasonal workers;

and seasonal workers;

C] Trainees under the Government Sponsored Program such as SPES, WAP,

C] Trainees under the Government Sponsored Program such as SPES, WAP, Learners,Learners,  Apprentices and the like;

 Apprentices and the like;

D] Employees in the Accounting Department; D] Employees in the Accounting Department;

E] Secretaries, Management and Technical Staff and their assistants; E] Secretaries, Management and Technical Staff and their assistants;

Technical Staff are as follow: Technical Staff are as follow: e.1] Ad and Promotions Staff  e.1] Ad and Promotions Staff  e.2] Information Technology Staff  e.2] Information Technology Staff  e.3] EDP Staff 

e.3] EDP Staff 

e.4] Market Research Staff  e.4] Market Research Staff  e.5] HRTD Staff 

e.5] HRTD Staff 

e.6] Building Maintenance and Engineering Department Staff  e.6] Building Maintenance and Engineering Department Staff 

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e.7] Leasing/Marketing Staff  e.7] Leasing/Marketing Staff  e.8] Security Personnel e.8] Security Personnel e.9] Drivers

e.9] Drivers e.10] Cinema

e.10] Cinema ProjectionistProjectionist F] Confidential Staff/Employees F] Confidential Staff/Employees

G] “Manufacturers and Factory workers” and

G] “Manufacturers and Factory workers” and others employed by other companies assigned andothers employed by other companies assigned and detailed at the COMPANY;

detailed at the COMPANY;

H] All those specifically excluded by law; H] All those specifically excluded by law; I] Employees who by

I] Employees who by reason of religious beliefs are forbidden reason of religious beliefs are forbidden to join the UNION.to join the UNION. Section 3.

Section 3. It shall be understood that all the terms and conditions of employment of theIt shall be understood that all the terms and conditions of employment of the emp

employloyee ee covcovereered d by by thithis s AgrAgreemeemenent t are are embembodiodied ed herhereiein, n, and and the same the same shashall ll govgovern theern the relationship between the COMPANY and such employees. On the other hand, all such benefits relationship between the COMPANY and such employees. On the other hand, all such benefits and/or privileges not expressly provided f

and/or privileges not expressly provided f or in this Agreement but which are now being accorded,or in this Agreement but which are now being accorded, may in the future be accorded, or might have previously been accorded to the employees, shall be may in the future be accorded, or might have previously been accorded to the employees, shall be deemed as purely discretionary acts of grace on the part of the COMPANY, in which case, can be deemed as purely discretionary acts of grace on the part of the COMPANY, in which case, can be  withdrawn anytime and the continuance or repetition thereof now or in the future, no matter how   withdrawn anytime and the continuance or repetition thereof now or in the future, no matter how 

lon

long g or or how oftehow often, n, shashall ll nonot t be be conconstrstrued as ued as estestabliablishishing ng an an oblobligaigatiotion n on on the part the part of of thethe COMPANY; COMPANY;  ARTICLE II  ARTICLE II MANAGEMENT PREROGATIVES MANAGEMENT PREROGATIVES Section 1.

Section 1. ExcepExcept t as modified by as modified by expreexpress ss proviprovisions of sions of the Agreemethe Agreement, the nt, the UNIONUNION recognizes the right of the COMPANY to supervise, manage and conduct its business operations, recognizes the right of the COMPANY to supervise, manage and conduct its business operations, including but not limited to, the direction of the working force, the hiring, rehiring, assignment, including but not limited to, the direction of the working force, the hiring, rehiring, assignment, trans

transfer, transfer fer, transfer to to ManiManila la and and otheother r placeplaces, s, promopromotion, demotiotion, demotion, n, dischdischarge, lay-off, recall,arge, lay-off, recall, suspension and discipline of employees; the determination of the number of employees in any  suspension and discipline of employees; the determination of the number of employees in any  department, shift or job classification; the determination of the number and enforcement of  department, shift or job classification; the determination of the number and enforcement of  regular and overtime work schedules; the establishment and revision of

regular and overtime work schedules; the establishment and revision of COMPANY policies, rulesCOMPANY policies, rules and regulations, including security working rules.

and regulations, including security working rules. It

It is is furfurthether r ununderderstostood od and and agragreed eed thathat t all all rigrightshts, , powpowers or ers or autauthorhority ity pospossessessed sed by by thethe COMPANY prior to the signing of this Agreement shall be

COMPANY prior to the signing of this Agreement shall be retained by the COMPANY, except in soretained by the COMPANY, except in so far such rights, powers or authority are

far such rights, powers or authority are herein expressly modified by the herein expressly modified by the terms of this Agreement.terms of this Agreement. Section 2.

Section 2. The COMPANY shall be at liberty to hire employees to fill in any positions itThe COMPANY shall be at liberty to hire employees to fill in any positions it deemed vacant upon such basis of compensation as may be agreed upon the time of hiring, and deemed vacant upon such basis of compensation as may be agreed upon the time of hiring, and the UNION recognizes that this is the exclusive prerogative of Management.

the UNION recognizes that this is the exclusive prerogative of Management. Section 3.

Section 3. The COMPANY may likewise transfer, discharge, lay-off or discipline any The COMPANY may likewise transfer, discharge, lay-off or discipline any  probationary or temporary employees at its discretion, and such action shall not be subject of the probationary or temporary employees at its discretion, and such action shall not be subject of the grievance procedure hereunder.

grievance procedure hereunder. Section 4.

Section 4. The UNION however may seek reconsideration of any discharge, except forThe UNION however may seek reconsideration of any discharge, except for theft, gross disrespect to immediate superiors and to company officers, serious misconduct or theft, gross disrespect to immediate superiors and to company officers, serious misconduct or  willful disobedience of the lawful orders of his officers in connection with his work; gross and  willful disobedience of the lawful orders of his officers in connection with his work; gross and habitual neglect of his studies, fraud or willful breach of the trust reposed in him by his employer habitual neglect of his studies, fraud or willful breach of the trust reposed in him by his employer or duly authorized representative; commission of a crime or offense against the person of his or duly authorized representative; commission of a crime or offense against the person of his employer or any

employer or any immediate member of the family or immediate member of the family or his duly authorized representative; and otherhis duly authorized representative; and other causes analogous to the foregoing (as amended by Batas Pambansa Blg. 130) and furthermore, causes analogous to the foregoing (as amended by Batas Pambansa Blg. 130) and furthermore, any other causes which are not covered by the Labor Code but maybe later on incorporated in the any other causes which are not covered by the Labor Code but maybe later on incorporated in the Code. Provisions on Employee Conduct & Discipline in the Company’s Policies shall also form Code. Provisions on Employee Conduct & Discipline in the Company’s Policies shall also form part under this Section.

part under this Section.

 ARTICLE III  ARTICLE III

UNION RECOGNITION AND SECURITY  UNION RECOGNITION AND SECURITY  Section 1.

Section 1. Recognition – The COMPANY recognizes the Recognition – The COMPANY recognizes the UNION during the effectivity of UNION during the effectivity of  this Agreement as the sole and exclusive bargaining representative of all employees within the this Agreement as the sole and exclusive bargaining representative of all employees within the appropriate bargaining unit as defined in Section 1 and Section 2 of Article 1 hereof, for purposes appropriate bargaining unit as defined in Section 1 and Section 2 of Article 1 hereof, for purposes of collective bargaining in all matters pertaining to rates of pay, wages, hours of work and other of collective bargaining in all matters pertaining to rates of pay, wages, hours of work and other terms and conditions of employment.

terms and conditions of employment. Section 2.

Section 2. The COMPANY hereby agrees and recognizes that all regular employees whoThe COMPANY hereby agrees and recognizes that all regular employees who are members of the UNION at the time of the signing of this Agreement shall remain members of  are members of the UNION at the time of the signing of this Agreement shall remain members of 

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good standing in the UNION as a condition for their continued employment. Employees and good standing in the UNION as a condition for their continued employment. Employees and  workers who are not otherwise excluded from the bargaining unit as mentioned in Section 2  workers who are not otherwise excluded from the bargaining unit as mentioned in Section 2 hereof or by reason of religious beliefs but who are not members of the UNION on the effective hereof or by reason of religious beliefs but who are not members of the UNION on the effective date of this Agreement, must become UNION members within thirty (30) days from signing date of this Agreement, must become UNION members within thirty (30) days from signing her

hereofeof, , and and musmust t remremain ain memmemberbers s of of googood d stastandinding ng for for the duratithe duration on of of ththis is agragreemeement asent as conditions for continued employment with the COMPANY. Employees hired after the date of  conditions for continued employment with the COMPANY. Employees hired after the date of  effectivity of this Agreement shall be required to become members of UNION within thirty (30) effectivity of this Agreement shall be required to become members of UNION within thirty (30) days after the termination of their probationary period. During the term of this Agreement, the days after the termination of their probationary period. During the term of this Agreement, the employees covered by the Agreement herein shall remain members of good standing in the employees covered by the Agreement herein shall remain members of good standing in the UNION, and employees losing their membership in the UNION by reason of resignation and/or UNION, and employees losing their membership in the UNION by reason of resignation and/or exp

expulsulsion proviion provided in ded in the lattethe latter r cascase, e, the actithe action on of of the UNION is the UNION is in accorin accordandance ce witwith h itsits const

constitutitution and ion and by-lawby-laws. May s. May be recommenbe recommended by ded by the UNION to the UNION to the COMPANY for dismissalthe COMPANY for dismissal and

and the the ComCompanpany y maymay, , upoupon n recreceipeipt t of of the the saisaid d recrecommommendendatiation, on, taktake e appappropropriariate te actactionion,, thereon as may be warranted. The UNION shall hold the COMPANY safe and harmless from any  thereon as may be warranted. The UNION shall hold the COMPANY safe and harmless from any  action which it decided to take under this provision.

action which it decided to take under this provision.  ARTICLE IV   ARTICLE IV  CHECK-OFF CHECK-OFF Sectio

Section n 1.1. The COMPANY agrees to make payroll deductions of membership dues andThe COMPANY agrees to make payroll deductions of membership dues and other assessments of the members of the UNION, provided, that no deduction shall be made other assessments of the members of the UNION, provided, that no deduction shall be made her

hereuneunder der excexcept ept as as perpermitmitted ted by by law law purpursuasuant nt to to a a checheck-ck-off off autauthorhorizaizatiotion n sigsigned ned by by thethe individual employees in the form heretofore agreed by the parties. All deductions made by the individual employees in the form heretofore agreed by the parties. All deductions made by the COMPANY will be turned over to the Treasurer of the UNION within ten (10) days of the COMPANY will be turned over to the Treasurer of the UNION within ten (10) days of the following month. If no deductions can be made

following month. If no deductions can be made for any payroll for any payroll period, the amount or amounts notperiod, the amount or amounts not deducted shall be deducted from the salary of the employees when the latter resume work and deducted shall be deducted from the salary of the employees when the latter resume work and starts earning his salary; provided further that check-off shall commence upon the effectivity of  starts earning his salary; provided further that check-off shall commence upon the effectivity of  this agreement. this agreement.  ARTICLE V   ARTICLE V  JOB SECURITY  JOB SECURITY  Sec

Sectiotion n 1.1. The COMPAThe COMPANY NY recrecognognizeizes s the the empemployloyeesees’ ’ rigright ht to to be be secsecureured d in in thetheirir employment without prejudice to and affecting the necessary action such as warning, suspension employment without prejudice to and affecting the necessary action such as warning, suspension and dismissal for just and valid causes as allowed by law and for violation of Company Rules, and dismissal for just and valid causes as allowed by law and for violation of Company Rules, Regulations and Policies within the Company may take against an

Regulations and Policies within the Company may take against an errant employee.errant employee.  ARTICLE VI

 ARTICLE VI

SENIORITY AND ROMOTIONS SENIORITY AND ROMOTIONS Section 1.

Section 1. In matters relating to promotions, demotions, lay-off, rehiring after lay-off,In matters relating to promotions, demotions, lay-off, rehiring after lay-off,  voluntary transfers, and involuntary transfers overall performance and efficiency on the present  voluntary transfers, and involuntary transfers overall performance and efficiency on the present  job, quality of work,

 job, quality of work, attendance, housekeepinattendance, housekeeping, as well g, as well as qualifications, shall be considered as qualifications, shall be considered at theat the sole discretion of the COMPANY. Seniority may be

sole discretion of the COMPANY. Seniority may be decisive factor of consideration only where thedecisive factor of consideration only where the foregoing considerations and necessary qualifications are relatively equal.

foregoing considerations and necessary qualifications are relatively equal. Section 2.

Section 2. Should any vacancy occur or any position is created in any department of theShould any vacancy occur or any position is created in any department of the COMPANY, qualified employees within the COMPANY shall be given preference to the position, COMPANY, qualified employees within the COMPANY shall be given preference to the position, all other conditions being equal.

all other conditions being equal.

 ARTICLE VII  ARTICLE VII

OBLIGATIONS OF BOTH PARTIES OBLIGATIONS OF BOTH PARTIES Section 1.

Section 1. Justice and Fairness – In the exercise of rights, the COMPANY shall observeJustice and Fairness – In the exercise of rights, the COMPANY shall observe   ju

  justistice ce and and faifairnerness, ss, and and the COMPAthe COMPANY NY shashall ll not not disdiscricriminminate ate agaagainsinst t an an empemployloyee ee of of hishis membership in the UNION.

membership in the UNION. Sectio

Section n 2.2. DisDiscipciplinline e – – The UNION The UNION shashall ll assassist ist the the COCOMPAMPANY NY in in propromotmoting anding and maint

maintainiaining ng discidisciplinepline, , househousekeepikeeping, ng, secusecurity rity of of COMPCOMPANY ANY asseassets ts and and coopcooperatieration on with thewith the objective of achieving maximum efficiency in the COMPANY’S operations and shall enjoin all its objective of achieving maximum efficiency in the COMPANY’S operations and shall enjoin all its members to render and perform their duties and responsibilities with due diligence, loyalty and members to render and perform their duties and responsibilities with due diligence, loyalty and efficiency.

efficiency.

Section 3.

Section 3. Mutual Cooperation – Recognizing the job security and individual employeesMutual Cooperation – Recognizing the job security and individual employees  welfare will be further enhance through mutual cooperation, the UNION hereby agrees to extend  welfare will be further enhance through mutual cooperation, the UNION hereby agrees to extend

full support and

full support and cooperation with the COMPANY in cutting down unnecessary costs and cooperation with the COMPANY in cutting down unnecessary costs and expensesexpenses in its operations.

in its operations.

 ARTICLE VIII  ARTICLE VIII

SALARIES/WAGES, WORKING HOURS AND OVERTIME PAY  SALARIES/WAGES, WORKING HOURS AND OVERTIME PAY 

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Section 1.

Section 1. Salaries and wages that are in Salaries and wages that are in accordance with law shall remain enforced. Theaccordance with law shall remain enforced. The Company likewise agreed to comply Regional Tripartite Wages and

Company likewise agreed to comply Regional Tripartite Wages and Productivity Board (RTWPB)-Productivity Board (RTWPB)-Region XI Wage Orders.

Region XI Wage Orders. Section 2.

Section 2. Working hours of all  Working hours of all employees within the appropriate bargaining unit whichemployees within the appropriate bargaining unit which are in accordance with the Labor Code

are in accordance with the Labor Code followed by the COMPANY shall lfollowed by the COMPANY shall likewise remain the same.ikewise remain the same. Section 3.

Section 3. Any work performed beyond the working hours shall be considered overtime Any work performed beyond the working hours shall be considered overtime  work and shall be

 work and shall be compensated in accordance with the Labor Code, as amended.compensated in accordance with the Labor Code, as amended.  ARTICLE IX

 ARTICLE IX

 VACATION, SICK AND OTHER LEAVES  VACATION, SICK AND OTHER LEAVES Section 1.

Section 1. VACATION LEAVE – The COMPANY shall extend to all regular rank and file VACATION LEAVE – The COMPANY shall extend to all regular rank and file employees the following vacation leave with pay:

employees the following vacation leave with pay: 1] 

1] 7 7 days days – – 1 1 year year but but less less than than 5 5 years years of of serviceservice   2]9

  2]9 days days – – 5 5 years years but but less less than than 10 10 years years of of serviceservice   3]10

  3]10 days days – – 10 10 years years and and above above serviceservice

This section shall apply to all employees who are considered regular on or after April 2, This section shall apply to all employees who are considered regular on or after April 2, 2005 and takes effect upon signing of this Agreement thus repealing the conditions previously  2005 and takes effect upon signing of this Agreement thus repealing the conditions previously  agreed. This provision does not apply to current regular employees who are already receiving agreed. This provision does not apply to current regular employees who are already receiving 9-day vacation leave pay at the time of renewal of this CBA. Vacation leave is convertible to cash, day vacation leave pay at the time of renewal of this CBA. Vacation leave is convertible to cash, and shall be given to the employees. The COMPANY policies and procedures shall be followed in and shall be given to the employees. The COMPANY policies and procedures shall be followed in granting vacation leave.

granting vacation leave. Section 2.

Section 2. SICK LEAVE – The COMPANY shall extend to all regular rank and fileSICK LEAVE – The COMPANY shall extend to all regular rank and file employees the following sick leave with pay:

employees the following sick leave with pay: 1] 

1]   3   3 days days – – 1 1 year year but but less less than than 5 5 years years of of serviceservice   2]6

  2]6 days days – – 5 5 years years but but less less than than 10 10 years years of of serviceservice   3]7

  3]7 days days – – 10 10 years years and and above above serviceservice

This section shall apply to all employees who are considered regular on or after April 2, 2005 and This section shall apply to all employees who are considered regular on or after April 2, 2005 and takes effect upon signing of this agreement thus repealing the conditions previously agreed. This takes effect upon signing of this agreement thus repealing the conditions previously agreed. This provision does not apply to current regular employees who are already receiving 6-day sick leave provision does not apply to current regular employees who are already receiving 6-day sick leave pay at the time of renewal of this CBA. Sick leave is convertible to cash, and shall be given to the pay at the time of renewal of this CBA. Sick leave is convertible to cash, and shall be given to the employees. The COMPANY policies and procedures shall be followed in granting the sic

employees. The COMPANY policies and procedures shall be followed in granting the sick k leave.leave. Section 3.

Section 3. BIRTHDAY LEAVE – an employee is entitled to a birthday leave of one (1)BIRTHDAY LEAVE – an employee is entitled to a birthday leave of one (1) day with pay during his/her birthday. A written notice of his/her intention to avail of such leave day with pay during his/her birthday. A written notice of his/her intention to avail of such leave shall be filed at least one (1) day in advance, otherwise, failure shall mean for forfeiture of the shall be filed at least one (1) day in advance, otherwise, failure shall mean for forfeiture of the  birthday leave with pay. Any employee who may be required to work on such occasion shall be  birthday leave with pay. Any employee who may be required to work on such occasion shall be

given a premium equivalent to his/her daily rate. given a premium equivalent to his/her daily rate.

Section 4.

Section 4. BEREAVEMENT LEAVE – Any death that occurs among the immediateBEREAVEMENT LEAVE – Any death that occurs among the immediate members of the family, an employee shall be entitled to a bereavement leave of three (3) days with members of the family, an employee shall be entitled to a bereavement leave of three (3) days with pay. Any employee desiring to extend his/her leave may do so as long as he/she shall first secure a pay. Any employee desiring to extend his/her leave may do so as long as he/she shall first secure a  written approval from the COMPANY and such extended leave is understood to be without pay.  written approval from the COMPANY and such extended leave is understood to be without pay.

Immediate members of the family shall be defined

Immediate members of the family shall be defined as follows:as follows: For

For singlsingle ee employemployee:e: A PA Parent arent (fath(father, er, mothemother), r), legilegitimattimate bre brotherother/s /s and and sistsister/s er/s only.only. Fo

For r mamarrirried ed ememplployoyeeee:: A A spspououse se (w(wifife e or or huhusbsbanand)d), , lelegigititimamate te chchilildrdren en anand d paparerentnts s by by  consanguinity only.

consanguinity only. Section 5.

Section 5. WEDDING LEAVE. The Company shall allow an employee  WEDDING LEAVE. The Company shall allow an employee a one (1) day leavea one (1) day leave  with pay on his/her wedding day. Only one wedding ceremony is considered in granting the leave.  with pay on his/her wedding day. Only one wedding ceremony is considered in granting the leave.  A written notice of his/her intention to avail of such leave shall be filed

 A written notice of his/her intention to avail of such leave shall be filed at least (1) day in advance,at least (1) day in advance, otherwise, failure shall mean forfeiture of the wedding leave with

otherwise, failure shall mean forfeiture of the wedding leave with pay.pay. Section 6.

Section 6. UNION LEAVE. The COMPANY shall allow a maximum of one (1) week UNION LEAVE. The COMPANY shall allow a maximum of one (1) week  union leave with pay for one (1) duly appointed or elected union representative per calendar year union leave with pay for one (1) duly appointed or elected union representative per calendar year for the specific purpose of union training and education, provided that if the employee duly  for the specific purpose of union training and education, provided that if the employee duly  appointed or designated is one whose service is indispensable or necessary, the COMPANY shall appointed or designated is one whose service is indispensable or necessary, the COMPANY shall have the right to ask for a replacement or deferment until such time that the UNION LEAVE have the right to ask for a replacement or deferment until such time that the UNION LEAVE  becomes convenient.

 becomes convenient.

 ARTICLE X  ARTICLE X

OTHER BENEFITS, RIGHTS AND PRIVILEGES OTHER BENEFITS, RIGHTS AND PRIVILEGES Section 1.

Section 1.  AWARDS – Any employee who renders exemplary performance in his/her AWARDS – Any employee who renders exemplary performance in his/her assigned duty shall be entitled to a performance award. Such awards may be in the form of cash, assigned duty shall be entitled to a performance award. Such awards may be in the form of cash, gift, plaque, certificate of any other form at the sole discretion of the COMPANY. Determination gift, plaque, certificate of any other form at the sole discretion of the COMPANY. Determination

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of the deserving employees shall be exclusive prerogative of the COMPANY and its decision for of the deserving employees shall be exclusive prerogative of the COMPANY and its decision for giving the award, shall be final and can not be appealed.

giving the award, shall be final and can not be appealed. Sec

Sectiotion n 2.2. EXCEXCEPTEPTIONIONAL AL SERSERVICVICE E AWAAWARD RD – – Any Any empemployloyee ee who who renrenderders s anan exceptional service to the COMPANY, such as but not limited to, putting out of fire, catching a exceptional service to the COMPANY, such as but not limited to, putting out of fire, catching a thief or shoplifter, exposure of anomaly, invention of time and cost saving device and

thief or shoplifter, exposure of anomaly, invention of time and cost saving device and others, shallothers, shall  be granted an Exceptional Service Award by the COMPANY. The determination of the service  be granted an Exceptional Service Award by the COMPANY. The determination of the service  which merit the award, the nature of the award and the frequency of its being given shall be the  which merit the award, the nature of the award and the frequency of its being given shall be the

sole and exclusive prerogative of the COMPANY and

sole and exclusive prerogative of the COMPANY and its decision in this matter is final.its decision in this matter is final. Section 3.

Section 3. DEATH AID – The COMPANY shall give aid to the DEATH AID – The COMPANY shall give aid to the heirs or dependents of theheirs or dependents of the deceased employee who die during the effectivity of his/her contract, the amount of which is deceased employee who die during the effectivity of his/her contract, the amount of which is subject to the COMPANY’S discretion.

subject to the COMPANY’S discretion. Section 4.

Section 4. RETIREMENT PAY – is paid to the Rank and File employee upon reachingRETIREMENT PAY – is paid to the Rank and File employee upon reaching the retirement age established in this Collective Bargaining Agreement (CBA). A retirement pay is the retirement age established in this Collective Bargaining Agreement (CBA). A retirement pay is equivalent to one half (1/2) month pay for every year of service based on his/her latest basic pay. equivalent to one half (1/2) month pay for every year of service based on his/her latest basic pay. In the case of compulsory r

In the case of compulsory retirement, retirement pay is in accordance and as provided etirement, retirement pay is in accordance and as provided for by law.for by law.  A] OPTIONAL RETIREMENT – Rank and File employee may

 A] OPTIONAL RETIREMENT – Rank and File employee may retire even before his/herretire even before his/her 45

45ththbirthday if he or she rendered at least fifteen (15) years birthday if he or she rendered at least fifteen (15) years of continuous serviceof continuous service

 with the COMPANY.  with the COMPANY.

B] COMPULSORY RETIREMENT – A Rank and File

B] COMPULSORY RETIREMENT – A Rank and File employee shall compulsorily beemployee shall compulsorily be retired upon reaching his/her 45

retired upon reaching his/her 45ththbirthday, regardless of his/her length of birthday, regardless of his/her length of serviceservice

 with the COMPANY.  with the COMPANY.

Upon retirement of an employee, whether optional or compulsory, his/her Upon retirement of an employee, whether optional or compulsory, his/her employment is deemed terminated and he/she is thereby

employment is deemed terminated and he/she is thereby effectively separated fromeffectively separated from the service.

the service. 1.

1. In the evenIn the event that tht that the emploe employee reayee reaches tches the comhe compulsorpulsory age of rey age of retiremtirement anent andd signifies his/her intention to continue rendering his/her service to

signifies his/her intention to continue rendering his/her service to thethe COMPANY, the COMPANY shall have the sole discretion to allow

COMPANY, the COMPANY shall have the sole discretion to allow the employee tothe employee to continue his/her service. Submission of a written request by the employee for continue his/her service. Submission of a written request by the employee for extension or continuation of service should be given two (2) months before extension or continuation of service should be given two (2) months before his/her retirement.

his/her retirement. Sectio

Section n 5.5. FREE MEDICAL CONSULFREE MEDICAL CONSULTATIOTATION N – – The COMPANY agrees to The COMPANY agrees to proviprovidede facilities for free medical consultation to employees who suffer from minor illness, which require facilities for free medical consultation to employees who suffer from minor illness, which require no hospitalization. No employees however, shall be entitled to consult with a physician or his no hospitalization. No employees however, shall be entitled to consult with a physician or his choice unless he first obtains the approval and

choice unless he first obtains the approval and consent of the COMPANY.consent of the COMPANY. Section 6.

Section 6. EMPLOYEES’ PUCHASE DISCOUNT – The COMPANY agrees to grant to allEMPLOYEES’ PUCHASE DISCOUNT – The COMPANY agrees to grant to all employees discounts on purchases they make at the COMPANY except on grocery, items on sale employees discounts on purchases they make at the COMPANY except on grocery, items on sale and other items at low margin. It is understood that the rate of percentage of discounts and and other items at low margin. It is understood that the rate of percentage of discounts and period during which the discounts are to be availed shall be fixed at the sole discretion of the period during which the discounts are to be availed shall be fixed at the sole discretion of the COMPANY.

COMPANY.

Section 7.

Section 7. UNIFORM SUBSIDY – The COMPANY agrees to partly subsidize uniform of UNIFORM SUBSIDY – The COMPANY agrees to partly subsidize uniform of  the employees but for the purpose of insuring proper handling, care and maintenance of such the employees but for the purpose of insuring proper handling, care and maintenance of such uniform, the COMPANY shall have the right to impose conditions, as it may deem proper and uniform, the COMPANY shall have the right to impose conditions, as it may deem proper and convenient.

convenient.

Section 8.

Section 8. CALAMITY AID – Given to the employees and/or members of the family whoCALAMITY AID – Given to the employees and/or members of the family who are victim of flood, fire and other calamities that causes great loss to them. The COMPANY has are victim of flood, fire and other calamities that causes great loss to them. The COMPANY has the sole discretion to determine the assistance to be given whether in the

the sole discretion to determine the assistance to be given whether in the form of cash or in form of cash or in kind.kind.  ARTICLE XI

 ARTICLE XI

JOB ENRICHMENT AND WORKING

JOB ENRICHMENT AND WORKING CONDITIONSCONDITIONS Section 1.

Section 1. FAMILY PLANNING – The COMPANY and the UNION hereby mutually FAMILY PLANNING – The COMPANY and the UNION hereby mutually  agree to require all UNION

agree to require all UNION members to attend family planning seminars to be members to attend family planning seminars to be conducted monthly conducted monthly  and to print informative family planning materials such as leaflets and brochures or publications and to print informative family planning materials such as leaflets and brochures or publications and/or distribution to members.

and/or distribution to members. Section 2.

Section 2. WORKER’S EDUCATION – The COMPANY and the UNION hereby mutually  WORKER’S EDUCATION – The COMPANY and the UNION hereby mutually  agree to require at least a majority of the UNON members to attend education seminars to be agree to require at least a majority of the UNON members to attend education seminars to be conducted inside the COMPANY premises once or twice in every three months on labor relations conducted inside the COMPANY premises once or twice in every three months on labor relations company rules, union rules, labor code and its implementing rules including any all other labor company rules, union rules, labor code and its implementing rules including any all other labor subje

subjects; and cts; and for purposes of for purposes of enrienrichinching g theitheir r basic knowlbasic knowledge of edge of theitheir r job, the job, the COMPCOMPANY shallANY shall conduct workshop clinics, educational movies and apprenticeship and learnership programs and conduct workshop clinics, educational movies and apprenticeship and learnership programs and seminars at such time and place

(6)

Section 3.

Section 3. REDUCTION OF MONOTONY – In order to reduce monotony at work andREDUCTION OF MONOTONY – In order to reduce monotony at work and promote the health, in mind and body of its employees, the COMPANY agrees to provide better promote the health, in mind and body of its employees, the COMPANY agrees to provide better  working condition, ventilation, lighting system, music system and

 working condition, ventilation, lighting system, music system and sanitation facilities, wholesomesanitation facilities, wholesome canteen, locker rooms and comfort rooms.

canteen, locker rooms and comfort rooms. Section 4.

Section 4. RECREATIONAL ACTIVITIES – To promote well-being and happiness of itsRECREATIONAL ACTIVITIES – To promote well-being and happiness of its employees, the COMPANY agrees to hold any of the following activities, namely excursions, employees, the COMPANY agrees to hold any of the following activities, namely excursions, picnics, audiovisual presentations, programs and

picnics, audiovisual presentations, programs and sport activities, contests and tournaments.sport activities, contests and tournaments.  ARTICLE XII

 ARTICLE XII

GRIEVANCE PROCEDURE GRIEVANCE PROCEDURE Sec

Sectiotion n 1.1. DefDefiniinitiotion n of of GriGrievaevance nce – – A A grigrievaevancnce e is is any any concontrotroverversy sy betbetweeween n thethe COMPANY and the UNION or an employee(s) covered by this agreement concerning any ruling, COMPANY and the UNION or an employee(s) covered by this agreement concerning any ruling, practice of terms and conditions of employment in the

practice of terms and conditions of employment in the COMPANY, or any dispute arising as to COMPANY, or any dispute arising as to thethe meaning of application of any provision of

meaning of application of any provision of this Agreement.this Agreement. Section 2.

Section 2. Since the grievance may emanate from either the worker or the COMPANY,Since the grievance may emanate from either the worker or the COMPANY, the

the ManManageager r or or his his duly authoduly authorizrized ed reprepresresenentattative ive taktakes es up up the complthe complainaint t levleveleeled d by by thethe COM

COMPANPANY Y agaagainsinst t the employthe employee ee witwith h the Presithe Presidendent t of of the the UNIUNION ON or or his his dulduly y autauthorhorizeizedd representative and vice versa. Upon the filing of the complaint or grievance, the Manager and the representative and vice versa. Upon the filing of the complaint or grievance, the Manager and the President of the UNION or their duly authorized representatives shall meet and discuss said President of the UNION or their duly authorized representatives shall meet and discuss said complaint or grievance with presence of the respondent. Complaints should be settled after two complaint or grievance with presence of the respondent. Complaints should be settled after two (2) meetings, from the time the same is filed. In case of settlement, a written report shall be (2) meetings, from the time the same is filed. In case of settlement, a written report shall be rendered signed by

rendered signed by the Manager, President of the UNION or the Manager, President of the UNION or their duly authorized representativestheir duly authorized representatives and the respondent concerned, stating the grievance complained of

and the respondent concerned, stating the grievance complained of and the decision or settlementand the decision or settlement arrived at. Such settlement or decision shall be accepted as f

arrived at. Such settlement or decision shall be accepted as f inal and binding upon the COMPANY inal and binding upon the COMPANY  and the UNION. Should the parties fail to settle or decide the complaint or grievance, the same and the UNION. Should the parties fail to settle or decide the complaint or grievance, the same shall be referred

shall be referred to the Union-Management Councito the Union-Management Council.l. Sectio

Section n 3.3. UNION-MANAGEMENT COUNCIL – There shall be a council of three (3)UNION-MANAGEMENT COUNCIL – There shall be a council of three (3) members; one to be appointed by

members; one to be appointed by the COMPANY as its representative, another to be appointed by the COMPANY as its representative, another to be appointed by  the UNION and the third, shall be appointed by agreement of the two (2) representatives, whose the UNION and the third, shall be appointed by agreement of the two (2) representatives, whose duties are:

duties are:

  A] To thresh out any problem(s) that may arise from union and   A] To thresh out any problem(s) that may arise from union and employer- worker relations and recommend ways and means or actions for its solution to the  worker relations and recommend ways and means or actions for its solution to the

respective heads of the two (2) organizations; respective heads of the two (2) organizations; B]

B] It It shashall ll recreceieive ve all all comcomplaplaintints s and and grigrievaevancnce e ariarisinsing g frofrom m empemployloyer-er-ununion ion andand employer-worker relations and it shall recommend measures to both parties for their employer-worker relations and it shall recommend measures to both parties for their mutual advantages;

mutual advantages;

C] All matters including grievances brought before the Union-Management Council shall C] All matters including grievances brought before the Union-Management Council shall  be decided within five (5) days

 be decided within five (5) days from filing of said matters.from filing of said matters.

In all meetings of this council, all members must be present and no business shall be In all meetings of this council, all members must be present and no business shall be deliberated upon if any member is absent. However, if any member shall be absent before the deliberated upon if any member is absent. However, if any member shall be absent before the meeting starts, the party not represented shall immediately appoint one to represent him in the meeting starts, the party not represented shall immediately appoint one to represent him in the absen

absence of ce of the regular membethe regular member, but r, but if the if the absenabsent member is t member is the one appointethe one appointed d by agreemenby agreement of t of   both representatives present of the Employer and the UNION, the two (2) representatives shall  both representatives present of the Employer and the UNION, the two (2) representatives shall agree between themselves on any person to take the place of the absent member. Any business or agree between themselves on any person to take the place of the absent member. Any business or matter shall be considered as passed and approved by the Council when there is a vote thereof by  matter shall be considered as passed and approved by the Council when there is a vote thereof by  at

at lealeast two st two (2) membe(2) members rs prepresensent, t, and the and the samsame e shashall ll be be finfinal al and bindiand binding on ng on the partthe partiesies concerned.

concerned. The

There re shashall ll be be no actiono action n taktaken on en on any matteany matter r penpendinding g in the in the CouCouncincil l by by eiteither theher the Employer or UNION before

Employer or UNION before any action shall have been taken by any action shall have been taken by the said council.the said council. Members of the Council shall hold office at the pleasure of

Members of the Council shall hold office at the pleasure of this appointing power whereasthis appointing power whereas the third member who is appointed by representatives shall hold office at the pleasure of the the third member who is appointed by representatives shall hold office at the pleasure of the representatives.

representatives.

The council shall immediately convene in a meeting upon receipt of any complaints or The council shall immediately convene in a meeting upon receipt of any complaints or grievance of any business or matter which is

grievance of any business or matter which is under its powers and duties.under its powers and duties.

The party who receives or who desires to submit any business or matter before the The party who receives or who desires to submit any business or matter before the council shall notify the other at least

council shall notify the other at least two (2) days before the date two (2) days before the date the council meets.the council meets.  ARTICLE XIII

 ARTICLE XIII

 ARBITRATION PROCEDURE  ARBITRATION PROCEDURE Section 1.

Section 1.  Any disputed matters or controversies submitted to the Union-Management Any disputed matters or controversies submitted to the Union-Management Counc

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procedure set out in this Article XIII and shall be represented for arbitration unit all the steps of  procedure set out in this Article XIII and shall be represented for arbitration unit all the steps of  the grievance procedure are exhausted.

the grievance procedure are exhausted. Section 2.

Section 2. The Arbitration Committee shall be composed of three (3) members, one toThe Arbitration Committee shall be composed of three (3) members, one to   be appointed by the COMPANY, the other by the UNION, and the third, who shall act as   be appointed by the COMPANY, the other by the UNION, and the third, who shall act as Chairman to be appointed by mutual agreement of said representatives of both COMPANY and Chairman to be appointed by mutual agreement of said representatives of both COMPANY and the UNION within ten (10) days following receipt by either party of a written request for the the UNION within ten (10) days following receipt by either party of a written request for the appointment of the third member. If within the af

appointment of the third member. If within the af oresaid 10-day period, the representatives of theoresaid 10-day period, the representatives of the COMPANY and the UNION are unable to agree upon the third member, the NLRC shall be COMPANY and the UNION are unable to agree upon the third member, the NLRC shall be req

requesuested ted to to subsubmit a mit a lislist t of of fivfive e (5) (5) resresponponsibsible le and and quaqualiflified ied arbiarbitratratortors s frofrom m whiwhich ch thethe COMPANY and the UNION shall select the third member of the Arbitration Committee. The COMPANY and the UNION shall select the third member of the Arbitration Committee. The selection shall be made by elimination, one at a time first by the UNION and then by the selection shall be made by elimination, one at a time first by the UNION and then by the COMPANY until there remains on the list only one Arbitrator, who shall be the third member of  COMPANY until there remains on the list only one Arbitrator, who shall be the third member of  the Arbitration Committee.

the Arbitration Committee. Section 3.

Section 3. A party desiring to submit a dispute or controversy to arbitration shall submit A party desiring to submit a dispute or controversy to arbitration shall submit a notice in writing, which shall contain the name of the arbitrator to the other party. Within five a notice in writing, which shall contain the name of the arbitrator to the other party. Within five (5) days from the receipt of the written notice, the other party shall select the arbitrator and (5) days from the receipt of the written notice, the other party shall select the arbitrator and inform the opposite party of such choice.

inform the opposite party of such choice. Section 4.

Section 4. The Arbitration Committee shall adopt such procedures as will enable theThe Arbitration Committee shall adopt such procedures as will enable the partie

parties s to to the dispute, disagrethe dispute, disagreemenement t or or contcontroversroversy y to present fully to present fully but expeditibut expeditiously, theirously, their respective sides. The concurrence of two (2) members of the Arbitration Committee shall be respective sides. The concurrence of two (2) members of the Arbitration Committee shall be necessary to render a decision, which shall

necessary to render a decision, which shall be in writing and signed by be in writing and signed by at least two (2) members of at least two (2) members of  the Arbitration Committee.

the Arbitration Committee. Section 5.

Section 5. During the effectivity of this Agreement, Arbitration Committee shall have noDuring the effectivity of this Agreement, Arbitration Committee shall have no power to add, to subtract from

power to add, to subtract from or modify any of the terms or modify any of the terms of this Agreement made supplementary of this Agreement made supplementary  hereto. The decision of the Arbitration Committee shall b

hereto. The decision of the Arbitration Committee shall b e final and binding e final and binding upon the COMPANY,upon the COMPANY, the UNION and the employees and

the UNION and the employees and may be enforced in any may be enforced in any court of competent jurisdiction.court of competent jurisdiction. Section 6.

Section 6. The Arbitration Committee in rendering a decision should be guided by The Arbitration Committee in rendering a decision should be guided by  existing Agreement, the applicable laws, rules and

existing Agreement, the applicable laws, rules and regulations, the relevant jurisprudence and theregulations, the relevant jurisprudence and the evidence presented.

evidence presented. Sectio

Section n 7.7. The Arbitration Committee shall endeavor to render its decision within tenThe Arbitration Committee shall endeavor to render its decision within ten (10) days after the

(10) days after the dispute, disagreement or controversy is submitted for decision.dispute, disagreement or controversy is submitted for decision. Section 8.

Section 8. The cost of the Arbitration shall be The cost of the Arbitration shall be shared equally between the parties.shared equally between the parties.  ARTICLE XIV 

 ARTICLE XIV 

NO STRIKES AND LOCKOUTS NO STRIKES AND LOCKOUTS Section 1. NO STRIKE CLAUSE

Section 1. NO STRIKE CLAUSE – The UNION recognizes that the way to pr– The UNION recognizes that the way to preserve jobeserve job security, and to improve the welfare of

security, and to improve the welfare of the employees is to increase the goodwill and the employees is to increase the goodwill and prosperity of prosperity of  the business of the COMPANY and that this is accomplished in large part through prompt, the business of the COMPANY and that this is accomplished in large part through prompt, courteous, interested, loyal and complete service by the employees to the COMPANY and its courteous, interested, loyal and complete service by the employees to the COMPANY and its clientele and it, therefore, being to the mutual interest of the COMPANY, the UNION and the clientele and it, therefore, being to the mutual interest of the COMPANY, the UNION and the employees that the business of

employees that the business of the COMPANY shall continue without inconvenience to the public,the COMPANY shall continue without inconvenience to the public, the UNION and its members or any employee, individually or collectively shall not, during the the UNION and its members or any employee, individually or collectively shall not, during the ter

term m of of thithis s AgrAgreemeementent, , its renewits renewal al or or extextenensiosion, n, caucause, se, perpermit mit or or taktake e parpart t in in any strikany strike,e, stoppages or slow-down, boycotts, secondary boycotts, refusal

stoppages or slow-down, boycotts, secondary boycotts, refusal to handle work, picketing, sit-downto handle work, picketing, sit-down strikes or any kind of

strikes or any kind of sympathetic or general strikes or any interference with the operations of sympathetic or general strikes or any interference with the operations of thethe COMPA

COMPANY, NY, inclincluding walkouuding walkouts ts and demonstraand demonstrations against the tions against the COMPCOMPANY or ANY or any office any office oror employee of the COMPANY.

employee of the COMPANY.

Section 2. NO LOCKOUT CLAUSE

Section 2. NO LOCKOUT CLAUSE – On the same premise as above, the COMPANY – On the same premise as above, the COMPANY  shall not, during the term of

shall not, during the term of this Agreement, engage in a lockout against the UNION.this Agreement, engage in a lockout against the UNION.

 ARTICLE XIV   ARTICLE XIV 

 WAIVER AND SEPARABILITY PROVISIONS  WAIVER AND SEPARABILITY PROVISIONS Section 1. WAIVER CLAUSE.

Section 1. WAIVER CLAUSE. The COMPANThe COMPANY Y and the and the UNION acknoUNION acknowledgwledge e thatthat dur

during ing the the negnegotiotiatiations ons resresultulted ed in in thithis s AgrAgreemeementent, , eaceach h of of thethem m had had ththe e ununlimlimiteited d andand unrestricted right and opportunity to make demands and proposals with respect to any and all unrestricted right and opportunity to make demands and proposals with respect to any and all matters which could properly be the subject of collective bargaining, and that it was through the matters which could properly be the subject of collective bargaining, and that it was through the exercise of that right and prerogative that the covenants and stipulations herein contained were exercise of that right and prerogative that the covenants and stipulations herein contained were arrived at and agreed upon. The COMPANY and the UNION, therefore, agree that during the arrived at and agreed upon. The COMPANY and the UNION, therefore, agree that during the effec

effectivitivity of ty of this Agreethis Agreement any ment any benebenefits granted herein if fits granted herein if alreadalready y proviprovided by ded by law shall law shall not benot be obligated to bargain collectively with respect to any

obligated to bargain collectively with respect to any subject or matter whatsoever whether coveredsubject or matter whatsoever whether covered herein or not, or whether or not within the knowledge or contemplation of either or both parties herein or not, or whether or not within the knowledge or contemplation of either or both parties at the time they negotiated and signed this Agreement, or for the purpose of amending, revising , at the time they negotiated and signed this Agreement, or for the purpose of amending, revising , supplementing or any manner or modifying, or

(8)

Section 2. SEPARABILITY.

Section 2. SEPARABILITY. The parties hereto further agree that in the The parties hereto further agree that in the event any partevent any part of this Agreement is held invalid by operation of law, the remainder thereof shall not be affected of this Agreement is held invalid by operation of law, the remainder thereof shall not be affected thereby and shall continue in full f

thereby and shall continue in full f orce and effect.orce and effect.

 ARTICLE XVI  ARTICLE XVI TERM OF AGREEMENT TERM OF AGREEMENT Section 1.

Section 1. This Agreement shall be binding upon the signatories hereto and upon theirThis Agreement shall be binding upon the signatories hereto and upon their respective successors for

respective successors for five (5) yearsfive (5) years and shall be in full force and effect beginningand shall be in full force and effect beginning  April 2, April 2, 2005

2005 up toup to April 1, 2010 April 1, 2010 subject to reopening of negotiation for economic benefits after threesubject to reopening of negotiation for economic benefits after three (3) years from

(3) years from the signing. This Agreement is subject to extension unless terminated at the signing. This Agreement is subject to extension unless terminated at the end of the end of  the original period of any subsequent term, upon at least sixty (60) days written notice prior to the original period of any subsequent term, upon at least sixty (60) days written notice prior to the expiration date of either party to the other of its intention to terminate, amend or supplement the expiration date of either party to the other of its intention to terminate, amend or supplement this Agreement.

this Agreement. Sectio

Section n 2.2. It is further agreed that provisions of this CBA shall continue to remain inIt is further agreed that provisions of this CBA shall continue to remain in effect until new agreement is signed by the parties.

effect until new agreement is signed by the parties.

IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed on IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed on  _________

 ________________ at Davao _______ at Davao City, Philippines.City, Philippines.

F

Foor r tthhe e UUNNIIOONN:: FFoor r tthhe e CCOOMMPPAANNYY::

  ASSOCIATIO

  ASSOCIATIONS NS OF OF MANUFACTURING MANUFACTURING DUMOPOY, DUMOPOY, MALAKI MALAKI AND AND ROLDANROLDAN U

UNNIIOONNS S ((AAMMUU)) MMAANNUUFFAACCTTUURRIINNG G IINNCC.. B

Byy:: BByy::

DAVE M. MUSTAINE

DAVE M. MUSTAINE  AEXI L. LAIHO AEXI L. LAIHO

N

Naattiioonnaal l PPrreessiiddeennt t FFaaccttoorry y MMaannaaggeerr

For the Local: For the Local:

DUMOPOY, MALAKI AND ROLDAN DUMOPOY, MALAKI AND ROLDAN

MANUFACTURING EMPLOYEES ASSOCIATION – AMU MANUFACTURING EMPLOYEES ASSOCIATION – AMU By: By: JOHN P. PETRUCCI JOHN P. PETRUCCI Local President Local President

(9)

SIGNED IN THE PRESENCE OF: SIGNED IN THE PRESENCE OF:

_

___________________________________________________ ____________________________________________

 A C K N O W L E D G E M E N T  A C K N O W L E D G E M E N T Republic of the Philippines)

Republic of the Philippines) : s.s. : s.s. CITY OF DAVAO CITY OF DAVAO X---/ X---/ BEF

BEFORE ORE ME, the ME, the undundersersignigned ed NotNotary ary PubPublic lic in in and and for for DavDavao ao CitCity, y, PhiPhiliplippinpines es on on thithiss   ___

  _____________ __ day day of of ________________, , 2005, personally appeared2005, personally appeared MR. AEXI L. MR. AEXI L. LAILAIHOHO in in hihiss ca

capapaccitity y as as ththee FaFactctorory y MaMananageger r of of DUDUMOMOPOPOY, Y, MAMALALAKI KI ANAND D ROROLDLDANAN,, MANUFACTURING Inc.

MANUFACTURING Inc. with Community Tax Cert. No. 11581791 issued on February 16, 2010 with Community Tax Cert. No. 11581791 issued on February 16, 2010 at

at Davao City, Davao City, PhiliPhilippinppines, es, andand MR. DAVE M. MUSTAINEMR. DAVE M. MUSTAINE in his capacity asin his capacity as NationalNational President

President of theof the  ASSOCIATION OF MANUFACTURERS UNIONS ASSOCIATION OF MANUFACTURERS UNIONS, with Community Tax, with Community Tax Cer

Cert. t. No. 12950No. 12950857 857 ississued ued on on FebFebruaruary ry 11, 2010 11, 2010 at at TagTagum um CiCity, ty, PhiPhiliplippinpines es andand JOHN P.JOHN P. PETRUCCI

PETRUCCI in in hihis s cacapapacicity ty as as ththee LocLocal al PrePresidsident ent of of DUDUMOPMOPOY, OY, MALMALAKI AKI ANDAND ROLDAN MANUFACTURING EMPLOYEES ASSOCIATION – AMU

ROLDAN MANUFACTURING EMPLOYEES ASSOCIATION – AMU , with Community , with Community  Tax Cert. No. 12950877 issued on February 11, 2010 at

Tax Cert. No. 12950877 issued on February 11, 2010 at Davao City, Philippines known Davao City, Philippines known to me theto me the sam

same e perpersonsons s who who sigsignened d the the foreforegoigoing ng COLCOLLECLECTIVTIVE E BARBARGAIGAININNING G comcomposposed ed of of 9 9 pagpageses including this page and acknowledges to me that the same is executed by them in their free and including this page and acknowledges to me that the same is executed by them in their free and  voluntary act and deed.

 voluntary act and deed.

 WITNESS MY HAND AND SEAL on the day month and year and the place first herein  WITNESS MY HAND AND SEAL on the day month and year and the place first herein above written.

above written. Doc.

Doc. No. No. ______________________ P Paagge e NNoo.. ______________________ B Booook k NNoo.. ______________________ S Seerriiees os off ______________________

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