Vous êtes sur la page 1sur 9

COLLECTIVE BARGAINING AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Agreement made and executed by and between:

DUMOPOY, MALAKI AND ROLDAN MANUFACTURING INC., a corporation


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
COMPANY;

-and-

DUMOPOY, MALAKI AND ROLDAN MANUFACTURING EMPLOYEES


ASSOCIATION – AMU, a labor union duly affiliated with Association of
Manufacturing Union, a duly organized labor federation, registered under the
Certificate of Registration No. 9745 (FED) – LC with offices at Davao City,
hereinafter referred to as the UNION.

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, hours of work 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 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 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:

ARTICLE 1

SCOPE OF AGREEMENT

Section 1. Appropriate Bargaining Agreement Unit – The appropriate bargaining unit


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
used in this Agreement, it shall be deemed to include only those within the appropriate
bargaining unit as defined.

Section 2. Exclusions: Excluded from the bargaining unit are:

A] Employees occupying managerial and supervisory positions;

B] Probationary, temporary, casual employees, project workers/employees, summer job workers


and seasonal workers;

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

D] Employees in the Accounting Department;

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

Technical Staff are as follow:

e.1] Ad and Promotions Staff

e.2] Information Technology Staff

e.3] EDP Staff

e.4] Market Research Staff

e.5] HRTD Staff

e.6] Building Maintenance and Engineering Department Staff

1
e.7] Leasing/Marketing Staff

e.8] Security Personnel

e.9] Drivers

e.10] Cinema Projectionist

F] Confidential Staff/Employees

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

H] All those specifically excluded by law;

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

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 1. Except as modified by express provisions of the Agreement, the UNION


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,
transfer, transfer to Manila and other places, promotion, demotion, discharge, lay-off, recall,
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
regular and overtime work schedules; the establishment and revision of COMPANY policies, rules
and regulations, including security working rules.

It is further understood and agreed that all rights, powers or authority possessed by the
COMPANY prior to the signing of this Agreement shall be retained by the COMPANY, except in so
far such rights, powers or authority are herein expressly modified by the terms of this Agreement.

Section 2. The 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
the UNION recognizes that this is the exclusive prerogative of Management.

Section 3. 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
grievance procedure hereunder.

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 (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
Code. Provisions on Employee Conduct & Discipline in the Company’s Policies shall also form
part under this Section.

ARTICLE III

UNION RECOGNITION AND SECURITY

Section 1. Recognition – 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 1 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.

Section 2. The 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

2
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
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
hereof, and must remain members of good standing for the duration of this agreement as
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)
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
UNION, and employees losing their membership in the UNION by reason of resignation and/or
expulsion provided in the latter case, the action of the UNION is in accordance with its
constitution and by-laws. May be recommended by the UNION to the COMPANY for dismissal
and the Company may, upon receipt of the said recommendation, take appropriate action,
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.

ARTICLE IV

CHECK-OFF

Section 1. The 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
hereunder except as permitted by law pursuant to a check-off authorization signed 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
following month. If no deductions can be made for any payroll period, the amount or amounts not
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
this agreement.

ARTICLE V

JOB SECURITY

Section 1. The COMPANY recognizes the employees’ right to be secured in their


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

ARTICLE VI

SENIORITY AND ROMOTIONS

Section 1. In matters relating to promotions, demotions, lay-off, rehiring after lay-off,


voluntary transfers, and involuntary transfers overall performance and efficiency on the present
job, quality of work, attendance, housekeeping, as well as qualifications, shall be considered at the
sole discretion of the COMPANY. Seniority may be decisive factor of consideration only where the
foregoing considerations and necessary qualifications are relatively equal.

Section 2. Should 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,
all other conditions being equal.

ARTICLE VII

OBLIGATIONS OF BOTH PARTIES

Section 1. Justice and Fairness – In the exercise of rights, the COMPANY shall observe
justice and fairness, and the COMPANY shall not discriminate against an employee of his
membership in the UNION.

Section 2. Discipline – The UNION shall assist the COMPANY in promoting and
maintaining discipline, housekeeping, security of COMPANY assets and cooperation with the
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
efficiency.

Section 3. Mutual Cooperation – Recognizing the job security and individual employees
welfare will be further enhance through mutual cooperation, the UNION hereby agrees to extend
full support and cooperation with the COMPANY in cutting down unnecessary costs and expenses
in its operations.

ARTICLE VIII

SALARIES/WAGES, WORKING HOURS AND OVERTIME PAY

3
Section 1. Salaries and wages that are in accordance with law shall remain enforced. The
Company likewise agreed to comply Regional Tripartite Wages and Productivity Board (RTWPB)-
Region XI Wage Orders.
Section 2. Working hours of all employees within the appropriate bargaining unit which
are in accordance with the Labor Code followed by the COMPANY shall likewise remain the same.

Section 3. Any work performed beyond the working hours shall be considered overtime
work and shall be compensated in accordance with the Labor Code, as amended.

ARTICLE IX

VACATION, SICK AND OTHER LEAVES

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

1] 7 days – 1 year but less than 5 years of service


2]9 days – 5 years but less than 10 years of service
3]10 days – 10 years and above service

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 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,
and shall be given to the employees. The COMPANY policies and procedures shall be followed in
granting vacation leave.

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

1] 3 days – 1 year but less than 5 years of service


2]6 days – 5 years but less than 10 years of service
3]7 days – 10 years and above service

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

Section 3. 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
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
given a premium equivalent to his/her daily rate.

Section 4. BEREAVEMENT 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
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.
Immediate members of the family shall be defined as follows:

For single employee: A Parent (father, mother), legitimate brother/s and sister/s only.
For married employee: A spouse (wife or husband), legitimate children and parents by
consanguinity only.

Section 5. WEDDING LEAVE. The Company shall allow an employee a one (1) day 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 at least (1) day in advance,
otherwise, failure shall mean forfeiture of the wedding leave with pay.

Section 6. 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
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
have the right to ask for a replacement or deferment until such time that the UNION LEAVE
becomes convenient.

ARTICLE X

OTHER BENEFITS, RIGHTS AND PRIVILEGES

Section 1. 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,
gift, plaque, certificate of any other form at the sole discretion of the COMPANY. Determination

4
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.

Section 2. EXCEPTIONAL SERVICE AWARD – Any employee who renders an


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 others, shall
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
sole and exclusive prerogative of the COMPANY and its decision in this matter is final.

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

Section 4. RETIREMENT 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
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 retirement, retirement pay is in accordance and as provided for by law.

A] OPTIONAL RETIREMENT – Rank and File employee may retire even before his/her
45th birthday if he or she rendered at least fifteen (15) years of continuous service
with the COMPANY.

B] COMPULSORY RETIREMENT – A Rank and File employee shall compulsorily be


retired upon reaching his/her 45th birthday, regardless of his/her length of service
with the COMPANY.

Upon retirement of an employee, whether optional or compulsory, his/her


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

1. In the event that the employee reaches the compulsory age of retirement and
signifies his/her intention to continue rendering his/her service to the
COMPANY, the COMPANY shall have the sole discretion to allow the employee to
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
his/her retirement.

Section 5. FREE MEDICAL CONSULTATION – The COMPANY agrees to provide


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

Section 6. EMPLOYEES’ PUCHASE DISCOUNT – The COMPANY agrees to grant to all


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
period during which the discounts are to be availed shall be fixed at the sole discretion of the
COMPANY.

Section 7. 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
uniform, the COMPANY shall have the right to impose conditions, as it may deem proper and
convenient.

Section 8. CALAMITY 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
the sole discretion to determine the assistance to be given whether in the form of cash or in kind.

ARTICLE XI

JOB ENRICHMENT AND WORKING CONDITIONS

Section 1. FAMILY PLANNING – The COMPANY and the UNION hereby mutually
agree to require all UNION members to attend family planning seminars to be conducted monthly
and to print informative family planning materials such as leaflets and brochures or publications
and/or distribution to members.

Section 2. 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
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
subjects; and for purposes of enriching their basic knowledge of their job, the COMPANY shall
conduct workshop clinics, educational movies and apprenticeship and learnership programs and
seminars at such time and place as it may deem proper and convenient.

5
Section 3. REDUCTION 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
working condition, ventilation, lighting system, music system and sanitation facilities, wholesome
canteen, locker rooms and comfort rooms.
Section 4. RECREATIONAL ACTIVITIES – To promote well-being and happiness of its
employees, the COMPANY agrees to hold any of the following activities, namely excursions,
picnics, audiovisual presentations, programs and sport activities, contests and tournaments.

ARTICLE XII

GRIEVANCE PROCEDURE

Section 1. Definition of Grievance – A grievance is any controversy between the


COMPANY and the UNION or an employee(s) covered by this agreement concerning any ruling,
practice of terms and conditions of employment in the COMPANY, or any dispute arising as to the
meaning of application of any provision of this Agreement.

Section 2. Since the grievance may emanate from either the worker or the COMPANY,
the Manager or his duly authorized representative takes up the complaint leveled by the
COMPANY against the employee with the President of the UNION or his duly authorized
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
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
rendered signed by the Manager, President of the UNION or their duly authorized representatives
and the respondent concerned, stating the grievance complained of and the decision or settlement
arrived at. Such settlement or decision shall be accepted as final and binding upon the COMPANY
and the UNION. Should the parties fail to settle or decide the complaint or grievance, the same
shall be referred to the Union-Management Council.

Section 3. UNION-MANAGEMENT COUNCIL – There shall be a council of three (3)


members; one 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
duties are:

A] To thresh out any problem(s) that may arise from employer-union and employer-
worker relations and recommend ways and means or actions for its solution to the
respective heads of the two (2) organizations;

B] It shall receive all complaints and grievance arising from employer-union and
employer-worker relations and it shall recommend measures to both parties for their
mutual advantages;

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

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
meeting starts, the party not represented shall immediately appoint one to represent him in the
absence of the regular member, but if the absent member is the one appointed by agreement of
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
matter shall be considered as passed and approved by the Council when there is a vote thereof by
at least two (2) members present, and the same shall be final and binding on the parties
concerned.

There shall be no action taken on any matter pending in the Council by either the
Employer or UNION before any action shall have been taken by the said council.

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

The council shall immediately convene in a meeting upon receipt of any complaints or
grievance of any business or matter which is under its powers and duties.

The party who receives or who desires to submit any business or matter before the
council shall notify the other at least two (2) days before the date the council meets.

ARTICLE XIII

ARBITRATION PROCEDURE

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


Council not otherwise settled therein shall be settled by arbitration in accordance with the

6
procedure set out in this Article XIII and shall be represented for arbitration unit all the steps of
the grievance procedure are exhausted.

Section 2. The 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
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
appointment of the third member. If within the aforesaid 10-day period, the representatives of the
COMPANY and the UNION are unable to agree upon the third member, the NLRC shall be
requested to submit a list of five (5) responsible and qualified arbitrators from which 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
COMPANY until there remains on the list only one Arbitrator, who shall be the third member of
the Arbitration Committee.

Section 3. 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
(5) days from the receipt of the written notice, the other party shall select the arbitrator and
inform the opposite party of such choice.

Section 4. The Arbitration Committee shall adopt such procedures as will enable the
parties to the dispute, disagreement or controversy to present fully but expeditiously, their
respective sides. The concurrence of two (2) members of the Arbitration Committee shall be
necessary to render a decision, which shall be in writing and signed by at least two (2) members of
the Arbitration Committee.

Section 5. During the effectivity of this Agreement, Arbitration Committee shall have no
power to add, to subtract from or modify any of the terms of this Agreement made supplementary
hereto. The decision of the Arbitration Committee shall be final and binding upon the COMPANY,
the UNION and the employees and may be enforced in any court of competent jurisdiction.

Section 6. The Arbitration Committee in rendering a decision should be guided by


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

Section 7. The Arbitration Committee shall endeavor to render its decision within ten
(10) days after the dispute, disagreement or controversy is submitted for decision.

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

ARTICLE XIV

NO STRIKES AND LOCKOUTS

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,
stoppages or slow-down, boycotts, secondary boycotts, refusal to handle work, picketing, sit-down
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 2. NO LOCKOUT CLAUSE – On the same premise as above, the COMPANY


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

ARTICLE XIV

WAIVER AND SEPARABILITY PROVISIONS

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 and 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.

7
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 XVI

TERM OF AGREEMENT

Section 1. This Agreement shall be binding upon the signatories hereto and upon their
respective successors for five (5) years and shall be in full force and effect beginning April 2,
2005 up to April 1, 2010 subject to reopening of negotiation for economic benefits 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.

IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed on
________________ at Davao City, Philippines.

For the UNION: For the COMPANY:

ASSOCIATIONS OF MANUFACTURING DUMOPOY, MALAKI AND ROLDAN


UNIONS (AMU) MANUFACTURING INC.
By: By:

DAVE M. MUSTAINE AEXI L. LAIHO


National President Factory Manager

For the Local:

DUMOPOY, MALAKI AND ROLDAN


MANUFACTURING EMPLOYEES ASSOCIATION – AMU
By:

JOHN P. PETRUCCI
Local President

8
SIGNED IN THE PRESENCE OF:

__________________________ ______________________

ACKNOWLEDGEMENT

Republic of the Philippines)


: s.s.
CITY OF DAVAO
X-------------------------------/

BEFORE ME, the undersigned Notary Public in and for Davao City, Philippines on this
_________ day of ________, 2005, personally appeared MR. AEXI L. LAIHO in his
capacity as the Factory Manager of DUMOPOY, MALAKI AND ROLDAN,
MANUFACTURING Inc. with Community Tax Cert. No. 11581791 issued on February 16, 2010
at Davao City, Philippines, and MR. DAVE M. MUSTAINE in his capacity as National
President of the ASSOCIATION OF MANUFACTURERS UNIONS, with Community Tax
Cert. No. 12950857 issued on February 11, 2010 at Tagum City, Philippines and JOHN P.
PETRUCCI in his capacity as the Local President of DUMOPOY, MALAKI AND
ROLDAN MANUFACTURING EMPLOYEES ASSOCIATION – AMU, with Community
Tax Cert. No. 12950877 issued on February 11, 2010 at Davao City, Philippines known to me the
same persons who signed the foregoing COLLECTIVE BARGAINING composed of 9 pages
including this page and acknowledges to me that the same is executed by them in their free and
voluntary act and deed.

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

Doc. No. ___________


Page No. ___________
Book No. ___________
Series of ___________