Collective Bargaining

Agreement Proposal and

Counter-Proposal
of
In partial fulfillment of requirements in
Labor Relations (Labor Law 2)

Submitted by:

Submitted to:
February 2, 2022
COLLECTIVE BARGAINING PROPOSAL
OF
UNION
 TABLE OF CONTENTS

ARTICLE I - UNION RECOGNITION AND BARGAINING UNIT

SCOPE

ARTICLE II - UNION SECURITY CLAUSE

ARTICLE III - CHECK-OFF UNION DUES AND SPECIAL

ASSESSMENTS

ARTICLE IV - COMPANY-UNION COOPERATION AND

RESPONSIBILITY

ARTICLE V - MANAGEMENT PREROGATIVES

ARTICLE VI - SENIORITY, JOB SECURITY AND PROMOTION

ARTICLE VII - NON-DISCRIMINATION

ARTICLE VIII - WORK DAYS AND WORKING HOURS, AND

COMPENSATION RATES

ARTICLE IX - SALARIES AND WAGES

ARTICLE X - THIRTEENTH MONTH PAY AND OTHER BONUSES

ARTICLE XI - EDUCATIONAL ASSISTANCE TO REGULAR EMPLOYEES

AND THEIR DEPENDENTS

ARTICLE XII - RAINWEAR ALLOWANCE

ARTICLE XIII - RETIREMENT BENEFIT, GRATUITY, DISABILITY

BENEFIT, DEATH & FUNERAL ASSISTANCE

ARTICLE XIV - GRIEVANCE AND ARBITRATION PROCEDURE

ARTICLE XV - PRE-EXISTING PRACTICES

ARTICLE XVI - NO STRIKE, NO LOCKOUT

ARTICLE XVII - SAVING CLAUSE

ARTICLE XVIII - EXISTING BENEFITS OF ALL REGULAR EMPLOYEES

ARTICLE XIX - IMPLEMENTATION PROVISION

ARTICLE XX - EFFECTIVITY
 COLLECTIVE BARGAINING AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Agreement, entered into by and between:

, a corporation established and existing under and by virtue of the laws of the
Republic of the Philippines with principal office address at Punta Baja, Municipality of
Rizal, Palawan, Philippines, whose business activity is to trade, sell, buy, deal, import
and process hybrid coconut trees and its by-products, represented by its Chief Legal
Company Officer Atty. Mel Angis, hereinafter referred to as the “COMPANY”,

AND

, a legitimate labor organization duly registered with the Department of Labor

and Employment per with Registration No., dated November 26, 2015, with principal
business address at Rizal, Philippines, herein represented in this agreement by its duly
Authorized Representatives and Legal Counsel composing the Negotiating Panel,
hereinafter referred to as the “UNION”;

WITNESSETH

WHEREAS, the is the sole and exclusive representative of all field and
maintenance of the COMPANY directly recognized by the latter upon submission by the
UNION of the list of its members composing more than the majority of the employees
constituting the appropriate bargaining unit.

WHEREAS, in line with the democratic exchange of ideas and in consideration

of the mutual agreement hereinafter contained and with the ultimate objective of
promoting industrial peace and harmonious relations and cooperation between the and
the for purposes of establishing, maintaining and regulating the standards for hours of
work, rates of pay and with view of facilitating the peaceful adjustment of all
differences that may arise from time to time between the parties and to promote
harmony and efficiency to the end tha the employees and workers and the general
public may mutually benefit, it is hereby mutually agreed by and between the parties
hereto as follows:

ARTICLE I
UNION RECOGNITION AND BARGAINING UNIT SCOPE

Section 1. Recognition. The COMPANY recognizes union as the sole and exclusive
bargaining representative of all qualified employees/workers for the purpose of
COLLECTIVE BARGAINING with regards to rate of pay, hours of work, employees
benefits and other terms and conditions of employment for a period of five (5) years as
provided in Article 253 of the Labor Code.

Section 2. The COMPANY agrees that it will not bargain collectively or enter into
negotiation with any labor organization acting for the employees already represented by
the during the lifetime of this agreement; provided, however that nothing in this
agreement shall be construed as requiring either party to violate any of the provisions
of the Labor Code or other laws and statutes enforced in the Philippines

Section 3. The appropriate bargaining unit covered by this Agreement shall consist of
all regular rank-and-file of the COMPANY. Excluded from membership are all Managerial
Employees, Confidential Employees, Guards, and Supervisors as defined by the Labor
Code of the Philippines.

ARTICLE II
UNION SECURITY CLAUSE

Section 1. The COMPANY agrees to require the following as conditions of continued

employment for all employees covered by this Agreement:

a. That employees who are members of the UNION on the date of the Signing of
this Agreement or who may join the UNION after signing of this Agreement
shall remain members in good standing.
b. That employees who may hereafter be employed by the COMPANY shall, from
attainment of regular status, immediately become members of good standing
of the UNION and remain as such members in good standing.

Section 2. All newly hired employees in the bargaining unit who are non-union
members may join the UNION upon probation or regularization.

Section 3. Members of the UNION who fails to pay UNION dues/fees shall, upon
written demand of the UNION, be dismissed by the COMPANY upon notice and due
process, provided that the UNION shall keep the COMPANY free from any liability as a
consequence thereof.

ARTICLE III
CHECK-OFF UNION DUES AND SPECIAL ASSESSMENTS

Section 1. Check Off. The Company agrees to collect fees including but not limited
to: reasonable membership fees, union dues, assessments and fines and other
contributions for labor education and research, mutual death and hospitalization
benefits, welfare fund, strike fund and credit and cooperative undertakings which may
be levied by the union on its members and which shall be turned over to the Treasurer
of the Union every end of the month.
For purposes of payroll deduction, the order of priorities is as follows:

i.) Legal deductions (Philhealth, SSS, HDMF and withholding taxes);

ii.)UNION deductions;

iii.) Other allowable deductions.

Section 2. Agency Fee. All regular employees who are not members of the Union
shall pay a reasonable fee of Percent if said employees accept the benefits of this
Agreement, said Agency Fees shall be deducted from the wages of the non-union
members concerned by the COMPANY in the same manner as union dues and other
assessments allowed by law, with check-off authorization.

Provided, that, qualified regular employees shall pay Percent as an Agency Fee.

Provided further, that only incremental benefits shall be subjected to an Agency Fee.

Section 3. The COMPANY also agrees to check-off or deduct special union assessments
from the pay of the UNION members subject to the following conditions:

a. UNION will submit Board Resolution duly certified by the President and
Executive Secretary;

b. COMPANY is notified at least seven (7) working days before payment.

Section 4. The COMPANY shall remit check, within seven (7) working days from check-
off date, to the Secretary of Finance of the UNION of the total amount of the checked-
off dues and agency fee. The COMPANY, however, shall remit in whole the special
assessment to the Secretary for Finance of The UNION within seven (7) working
days from check-off date.

ARTICLE IV
COMPANY-UNION COOPERATION AND RESPONSIBILITY
Section 1. The Union recognizes the continued employment at a fair wage can
continue only as long as satisfactory performance is maintained, within usual and
reasonable circumstances.

To attain this, the Union undertakes to cooperate with the COMPANY specifically in, but
not limited to:
 i.) Increasing Efficiency – maximum and effective utilization of working time for
satisfactory performance purposes;
ii.) Reduction of Absenteeism – reduction of unwarranted absenteeism, tardiness
and cutting time;
iii.) Conservation of Supplies – elimination of waste of materials and supplies;
iv.) Foster unity and solidarity among and between the and the community in
general to encourage trust and confidence of the public upon the COMPANY in
taking care of the environment;
v.) Adhere and promote Caring Culture in the work-fields while embodying
discipline, hard work, honesty, teamwork, thrift, & cleanliness, so that all
farmers will act with respect, integrity and a good conscience;
vi.) Commit to support the COMPANY in its vision of using sustainable practices in
ensuring the highest levels of security, and to assist the COMPANY in varying
activities with the to ensure harmony.

Section 2. The UNION and its members shall cooperate with the Manager, in
conducting and maintaining themselves individually or collectively, in such manner as
would protect a favorable image for COMPANY, as well as the UNION.

Section 3. Each of the parties hereto acknowledges their rights and responsibilities of
the other, and agrees to discharge their responsibilities under this Agreement with
diligence of a good father of a family.

ARTICLE V
MANAGEMENT PREROGATIVES

Consistent with Law and this Agreement, the COMPANY shall have the exclusive right to
run the affairs of the business, direct and control the management of the office, work-
fields and personnel, including but not limited to the following:

a. The hiring, promoting, demoting, classifying, reclassifying, rotating,

transferring, suspending, terminating, or otherwise discipling any employee;

b. To make and promulgate rules and regulations governing the conduct of

the employees in their relations with the COMPANY, its officials, supervisors,
customers, guests, co-employees, the surrounding environment within and
immediately around the company, and the handling of machinery, tools,
products, equipment and other COMPANY property.
c. To designate the work and the employee to perform such work, as well as the
right to classify the work for job evaluation purposes;
d. To set working hours and/or period of operation as well as the assignment of
 workers/employees for such period; and
e. To do what has been recognized by the law, jurisprudence, or practice as
properly belonging to management.

ARTICLE VI
SENIORITY, JOB SECURITY AND PROMOTION

Section 1. The UNION hereby recognizes the COMPANY’s right to hire, transfer,
discharge, lay-off or discipline its employees for just causes and in accordance with law.

The UNION, however, shall have the right to seek reconsideration of any transfer,
discharge, lay-off or disciplinary action affecting any employee within the bargaining
unit and such request for reconsideration shall be considered a dispute or
grievance to be dealt with in accordance with the grievance procedure provided in
Article XIV of this Agreement.

Section 2. No employee shall be dismissed, suspended, demoted, or reprimanded

without any just cause, lawful, and reasonable cause and due process. The COMPANY
shall furnish the UNION notice of such action/s.

The Authorized causes of separation from employment and the separation pay
therefore are as provided for by law, except that if the separation is due to illness the
separation pay shall be one hundred Percent (100%) of the basic pay for every year of
service.

Section 3. Notice of vacant position shall be posted in the COMPANY bulletin boards.

Section 4. In case a just and lawful cause exists for lay-offing the employee, the
senior employees shall be excused from the same.

Section 5. The COMPANY shall not contract out or engage the service of labor
contractor/s or agency which would supply the company with worker to perform the
work activities functions pertaining to vacant plantilla positions.

Section 6. The COMPANY shall classify and inform the UNION on its Quota (Seasonal)
and all other non-full time Technical.

Section 7. The COMPANY shall inform the UNION of hiring those non-full time
Technical.

Section 8. The term “SENIORITY” whenever used in this Agreement refers to the
length of accumulated service of the employee in the COMPANY which shall be
computed from his date of initial employment therein, whether as regular, probationary,
temporary or casual employees.
Section 9. In the event of retrenchment or redundancy, seniority shall be the
determining factor for retention.

Where an employee- services are terminated due to retrenchment or redundancy, the

COMPANY shall grant separation pay in accordance with the Labor Code, except when
the length of their services are as follows:

i.) Three (3) years but less than ten (10) years of service – equivalent to of their
present monthly salary for every year of service in case of retrenchment and
in case of redundancy.

ii.) Ten (10) years of service or more – equivalent to of his present monthly
salary in case of retrenchment and in case of redundancy.

Section 10. The COMPANY shall give priority in employment in favor of employee
relatives in case of vacancy in the plantilla, provided that they possess the necessary
qualifications determined by the COMPANY.

Section 11. If the COMPANY desires to suspend, lay-off or dismiss an employee, it

shall furnish the employee a written notice stating the particular acts or omission
constituting the grounds for his lay-off, suspension, or dismissal. The employee may
answer the allegations stated against him in the notice within a reasonable period form
receipt such notice.

The COMPANY shall afford the employee the ample opportunity to be heard and to
defend himself with the assistance of the UNION officer or representative before his
suspension, lay-off or dismissal unless the employee waives this right.

Section 12. When changes in the organization occur whether due to expansion or
downsizing, resulting to transfer and re-assignment of employee, the COMPANY shall
discuss with the UNION matters affecting the members of the bargaining Unit.

Section 13. The term “promotion” whenever used in this Agreement denotes a change
in position to fill up an existing vacancy in a job of higher rank and higher pay.

Section 14. An employee who is promoted as defined in section 1 above shall be paid
the salary or wage rate pertaining to his new position and rank/ or rank on the date of
his assumption of duties in such position.

ARTICLE VII
NON-DISCRIMINATION
Section 1. It is mutually agreed between the COMPANY and the UNION that there
shall be no discrimination against any employee because of race, color, creed, national
origin, sex, age, or disability.

Section 2. Normally, discrimination issues that arise in the work place will be handled
by the proper agency. However, with an appropriate waiver, an employee may elect to
use the grievance and arbitration procedure to finally resolve the issue.

ARTICLE VIII
WORK DAYS AND WORKING HOURS, AND COMPENSATION RATES

Section 1. Work Week. The work week shall conform with practices in the Region, and
in consideration of.

Section 2. Regular Working Hours. The regular schedule of working hours in this
Agreement shall conform to the provisions of the current Labor Code of the Philippines.

Section 3. Daily Rate Conversion Formula. The COMPANY agrees to grant additional
remuneration in accordance with existing laws, rules and regulations, when employee-
farmers choose to render services during legal holidays. The rates for purposes of
benefit computation shall be computed and determined in accordance with existing laws
and regulations.

ARTICLE IX
SALARIES AND WAGES

Section 1. Pursuant to the policy of the COMPANY of “”, the COMPANY agrees to grant
a PERCENT salary increase of every regular employee-farmer for every year in service
upon attainment of regular status.

This is without prejudice to any agreement between the COMPANY and the UNION to
renegotiate increase and possible salary grade increase after the first implementation of
said increase upon effectivity of this Agreement.

Section 2. In case the cash flow of the COMPANY cannot sustain the cost of step or
grade increase due to financial reverses, the corresponding increase due to an
employee-farmer may be given in kind.

Section 3. The employee- basic pay shall refer to their basic pay plus length of service
and step increment at the time of release.