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Le Chif by Ada,
Petitione
r,
- versus -
CASE NO. ___________
FOR: Petition for Injunction
4. That the same was duly registered with the Department of Labor and
Employment (DOLE) last 18 April 2017.
7. That HR Director Kristine Mae Camille Garcia complied with the request and
made the computations and gave Union President Philip a copy of the same;
8. That on the basis of the computation, there were still withholding tax
deductions on their wages, despite the understanding during the CBA
negotiations that the negotiated increases were to be included as "de minimis
allowances.";
9. That HR Director Kristine Mae clarified that the increases were not all subject
to tax, but only such portion of the allowances which were not approved by
the BIR Regional Office as part of the "de minimis" which will be tax-exempt;
10. That the BIR directive pertaining to de minimis benefits is hereto attached as
Annex B;
11. That SOUFFLE Union demanded that Le Chief Management strictly comply
with its undertakings during the CBA negotiations. On the other hand,
Management stated that its hands were tied because they were merely
conforming to the BIR Regional Office's directive;
12. That SOUFFLE Union then filed a Notice of Strike on the basis of ULP last
April 20th, 2017, for gross and malicious refusal to comply with the CBA
provisions;
13. That it is clear under the factual circumstances that the prospective strike is
based on non-strikeable grounds under Article 274 of the Labor Code as
amended, which states that violations of the CBA, except those which are
gross in character, shall no longer be treated as Unfair Labor Practices (ULP)
and shall be resolved as grievances under the CBA. For purposes of this
Article, gross violation of the CBA shall mean flagrant and/or malicious refusal
to comply with the economic provisions of the CBA.
14. That also as provided for by jurisprudence, San Miguel Corporation v. NLRC
[304 SCRA 1 (1999)], a labor union, in abandoning grievance proceedings
and stubbornly refusing to avail of the remedies under the CBA, violates the
mandatory provisions of the CBA.
PRAYER
WHEREFORE, it is respectfully prayed, that a preliminary injunction be
granted ordering the respondent Union to desist and refrain from participating in a
strike.
Other reliefs just and equitable under the premises are likewise prayed for.
By:
JOEL R. SALUSTIANO
IBP OR NO. 975581/12-2-14 Quezon City
PTR NO. 0560813 C/1-5-15 Quezon City
Roll No. 34157
MCLE COMPLIANCE NO. IV -
0014951 ISSUED ON 3-27-13
VERIFICATION
WITH
CERTIFICATION OF NON-FORUM SHOPPING
We, L CHIEF BY ADA, is a corporation duly organized and existing under
and by virtue of the laws of the Philippines, after having been duly sworn to in
accordance with law, hereby depose and state:
2. That, we caused the preparation of the foregoing petition and read its
contents which are true and correct to the best of our knowledge and based on authentic
records.
3. That, we have not commenced any action or proceeding involving the same
issue/s in the Supreme Court, the Court of Appeals or any other tribunal or agency, and to
the best of our knowledge, no such action or proceeding is pending in the Supreme Court,
the Court of Appeals, or any other tribunal or agency.
4. That, if we should learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals or other tribunal or agency, we
shall undertake to report the fact within five (5) days therefrom to the court or agency
wherein the original pleading and sworn certification contemplated herein has been filed.
Le Chif by Ada,
Affiant
Series of 2017.
ANNEX A
L CHIEF BY ADA, a corporation duly organized and existing under and by virtue of the
laws of the Philippines with principal office at GROUND FLOOR, STAR MALL PRIMA,
DAANG HARI, MOLINO IV, BACOOR CITY, CAVITE hereinafter referred to as the
COMPANY;
-and-
WITNESSETH; THAT
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 hereinafter defined in Article 1, Section 1, hereof;
WHEREAS, the COMPANY and the UNION desire to enter into an agreement to
promote and improve the industrial and economic relations between the COMPANY and its
employees and the UNION to establish a basic understanding relative to rates of pay, rates of
benefit and other 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 efficiency and performance, and to provide means from the
prompt adjustments or dispositions of al 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 UNION.
NOW THEREFORE, for and in consideration of the premises, and of the mutual
premises, covenants, stipulation and conditions herein contained, the parties hereto agreed as
follows:
PREAMBLE
The purpose of this Collective Agreement between the COMPANY and the UNION is to
maintain industrial peace amongst the Employer and her employees, maintain a mutual
suitable relationship between the employer and employees, establish and maintain reasonable
rates of pay and conditions of employment, ascertain benefits to the employees, and to
recognize the mutual value of joint discussion, consultation and negotiation. The parties share
a mutual responsibility in recognizing that the principal consideration at all times is the
rights, care and welfare of the Employer's clients.
ARTICLE 1
SCOPE OF AGREEMENT
Section 3. It shall be understood that all the terms and conditions of employment of
the employee covered by this Agreement are embodied herein, and the same shall govern the
relationship between the COMPANY and such employees. On the other hand, all such
benefits and/or privileges not expressly provided for 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 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 long or how often, shall not be construed as
establishing an obligation on the part of the COMPANY;
ARTICLE II
MANAGEMENT PREROGATIVES
Section 3. The COMPANY may likewise transfer, discharge, lay-off or discipline any
probationary or temporary employees at its discretion.
Section 4.The UNION however may seek reconsideration of any discharge, except
for 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 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 employer or any immediate member of the family or his duly
authorized representative; and other causes analogous to the foregoing and furthermore, any
other causes which are not covered by the Labor Code but maybe later on incorporated in the
Code. Provisions on Employee Conduct and Discipline in the Companys Policies shall also
form part under this Section.
ARTICLE III
UNION RECOGNITION
Section 1. The COMPANY recognizes the UNION during the effectivity of 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 I hereof, for
purposes of collective bargaining in all matters pertaining to rates of pay, wages, hours of
work and other terms and conditions of employment.
ARTICLE IV
Section 1. The COMPANY and the UNION agreed to adapt the MAINTENANCE
OF MEMBERSHIP as a UNION SECURITY
Section 3. During the term of this agreement, The COMPANY agreed that
membership to the UNION shall be deemed part of the condition for the continued
employment of the rank-and-file employees until they are promoted or transferred out of the
bargaining unit
Section 4. During the term of this Agreement, employees covered by this Agreement
shall pay to the UNION, by payroll deduction, an amount equal to the monthly membership
dues determined by the Union. The COMPANY shall forward to the Union the amount of the
dues deducted on a monthly basis
ARTICLE V
WAGE RATE
Section 1. BASIC SALARY Salaries and wages that are in accordance with law
shall remain enforced. Pursuant to Wage Order No. RBIVA-DW-01, the COMPANY
recognizes the provided minimum wage of Php 378.50 or Php 9,904.08 per month.
ARTICLEVI
ARTICLE VII
Section 1. NO STRIKE CLAUSE The UNION recognizes that the way to preserve
job security, and to improve the welfare of the employees is to increase the goodwill and
prosperity of 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 clientele and it, therefore, being to the mutual interest of the COMPANY,
the UNION and the employees that the business of the COMPANY shall continue without
inconvenience to the public, the UNION and its members or any employee, individually or
collectively shall not, during the term of this Agreement, its renewal or extension, cause,
permit or take part in any strike, strikes or any kind of sympathetic or general strikes or any
interference with the operations of the COMPANY, including walkouts and demonstrations
against the COMPANY or any office or employee of the COMPANY.
Section 1. WAIVER CLAUSE the COMPANY and the UNION acknowledge that
during the negotiations resulted in this Agreement, each of them had the unlimited and
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 exercise of that right and prerogative that the covenants an stipulations herein contained
were arrived at and agreed upon. The COMPANY and the UNION, therefore, agree that
during the effectivity of this Agreement any benefits granted herein if already provided by
law shall not be obligated to bargain collectively with respect to any subject or matter
whatsoever whether covered 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, supplementing or any manner or modifying, or
revoking or terminating this Agreement.
Section 2. SEPARABILITY The parties hereto further agree that in the event any
part of this Agreement is held invalid by operation of law, the remainder thereof shall not be
affected thereby and shall continue in full force and effect.
ARTICLE IX
TERM OF AGREEMENT
Section 1.This Agreement shall be binding upon the signatories hereto and upon their
respective successors for five (5) years beginning April 20, 2017 up to April 19, 2022
insofar as the representation aspect. As to the other provisions, it shall be binding and shall be
in full force and effect for three (3) years beginning April 20, 2017. It shall be subject to
reopening for negotiation after three (3) years from the signing. This Agreement is subject to
extension unless terminated at the end of 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 this Agreement.
Section 2. It is further agreed that provisions of this CBA shall continue to remain in
effect until new agreement is signed by the parties.
ARTICLE X
Section 1. The terms and conditions of this agreement shall continue to be full force
and effect during the sixty-day (60) freedom period provided by law
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed
on _____________________ at Tanauan City, Philippines.
For the UNION: For the COMPANY:
SPECIAL ORGANIZATION AND LE CHIEF BY ADA
UNION OF FINE FILIPINO LE CHIEF
WORKERS (SOUFFLE WORKERS)
PHILIP GERALD FULGUERAS JOLO GODINO
Union President General Manager
________________________ ___________________________
ACKNOWLEDGMENT
NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;
ANNEX B
REVENUE REGULATIONS NO. 1-2015 issued on January 5, 2015 further amends Revenue
Regulations (RR) Nos. 2-98 and 3-98, as last amended by RR Nos. 5-2008, 5-2011 and 8-2012,
with respect to De Minimis Benefits, which are exempt from Income Tax as well as from
Fringe Benefit Tax.
Section 2.78.1 (A)(3) of RR No. 2-98, as last amended by RR No. 8-2012, is further amended to
read as follows:
...
xxx xxx
Section 2.33 (C) of RR No. 3-98, as last amended by RR No. 8-2012, is further amended to read
as follows:
(C)
xxx xxx xxx
(k)
bargaining agreement (CBA) and productivity incentive schemes provided that the total annual
monetary value received from both CBA and productivity incentive schemes combined, do not
exceed ten thousand pesos (Php 10,000.00) per employee per taxable year;