REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISION

Le Chif by Ada,
Petitione
r,

- versus -
CASE NO. ___________
FOR: Petition for Injunction

Special Organization and Union of

Fine Filipino Le Chif Workers
(S.O.U.F.F.L.E. Workers),
Respondent
x - - - - - - - - - - - - - - - -- - - - - - - - - - - x

PETITION FOR INJUNCTION

Petitioner, by counsel, unto this _________, respectfully allege that:

1. That the Petitioner L CHIEF BY ADA, is 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;

2. That the Respondent SPECIAL ORGANIZATION OF FINE FILIPINO L

CHIEF WORKERS (S.O.U.F.F.L.E WORKERS), a duly organized labor
federatio with office at LOT 35 BLK. 6, SOLDIERS HILLS IV, MOLINO VI
BACOOR CITY, CAVITE;

3. That on 11 April, 2017 a final Collective Bargaining Agreement (CBA) was

executed;

4. That the same was duly registered with the Department of Labor and
Employment (DOLE) last 18 April 2017.

5. That a certificated true copy of the final Collective Bargaining Agreement is

hereto attached as Annex A;
6. That thereafter, Souffle Union President Philip requested for a computation of
the R&F employees' respective take-home pay in the light of the negotiated
8% increases plus the P1,000.00 transportation allowance;

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.

Cavite City, May___, 2017.

BARRIOS & BARRIOS LAW OFFICE

Counsel for the Plaintiffs
297 Bonny Serrano Greenhills
Quezon City, Metro Manila
Tel. Nos. 9329738; 8716504
Email: barrios_lawoffice@yahoo.com

By:

ATTY. ANGELA Q. BARRIOS.

IBP OR NO. 0982636/1-8-15 Quezon City
PTR NO. 9638250 B/4-4-14 Quezon City
Roll No. 29180
MCLE COMPLIANCE NO. IV -
0023852 ISSUED ON 8-6-14

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:

1. That, we are the Petitioners in the instant case.

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.

IN WITNESS WHEREOF, we have hereunto affixed our signatures on this ________

day of ________________, 2017 at _____________________.

Le Chif by Ada,
Affiant

REPUBLIC OF THE PHILIPPINES}

} S.S.

SUBSCRIBE AND SWORN to before me this _______ day of

_______________, 2017, at __________________, the affiants exhibiting to me
their identification document, as follows:

ID Presented Date and Place of Issue

Le Chif by Ada Management

NOTARY PUBLIC

Doc. No. _______

Page No. _______
Book No._______

Series of 2017.
ANNEX A

COLLECTIVE BARGAINING AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Agreement made and executed by and between:

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-

SPECIAL ORGANIZATION OF FINE FILIPINO L CHIEF WORKERS

(S.O.U.F.F.L.E WORKERS), a duly organized labor federatio with office at LOT 35 BLK.
6, SOLDIERS HILLS IV, MOLINO VI BACOOR CITY, CAVITE 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, 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 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, 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. Confidential Staff/Employees;
e. All those specifically excluded by law;
f. 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, 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.

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

UNION SECURITY CLAUSE

Section 1. The COMPANY and the UNION agreed to adapt the MAINTENANCE
OF MEMBERSHIP as a UNION SECURITY

Section 2. There is MAINTENANCE OF MEMBERSHIP when employees, who are

union members as of the effective date of the agreement, or who thereafter become members,
must maintain union membership as a condition for continued employment until they are
promoted or transferred out of the bargaining unit, or the agreement is terminated.

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.

Section 2. ADDITIONAL ALLOWANCE The COMPANY agreed to give

ADDITIONAL EIGHT PERCENT (8%) NON-TAXABLE ALLOWANCE based on the
basic salary or an additional amount of SEVEN HUNDRED NINETY TWO PESOS and
THIRTY THREE CENTAVOS (PHP 792.33) PER MONTH.

ARTICLEVI

OTHER BENEFITS, RIGHTS AND PRIVILEGES

Section 1. CHRISTMAS PARTIES The COMPANY agreed to provide an ANNUAL

CHRISTMAS PARTY WITH A BUDGET OF TWENTY THOUSAND PESOS (PHP.
20,000.00) APPORTIONED FOR RANK-AND-FILE EMPLOYEES ONLY excluding
the raffle prizes and other giveaways which shall be sourced from the COMPANY suppliers.

Section 2. SICK LEAVE and VACATION LEAVE In addition to those provided by

law, the COMPANY agreed to provide an ADDITIONAL ONE (1) DAY BIRTHDAY
LEAVE AND ADDITIONAL FOUR (4) DAYS OF SICK LEAVE for all the rank-and-file
employees

ARTICLE VII

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, 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 VIII

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 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

AUTOMATIC RENEWAL CLAUSE

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

SIGNED IN THE PRESENCE OF:

________________________ ___________________________

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of _____________,

personally appeared _____________ with Community Tax Certificate No. _____________
issued on _____________ at _____________ (and Tax Identification No. (T.I.N.)
_____________), known to me and to me known to be the same person who executed the
foregoing instrument which (he/she) acknowledged to me as (his/her) free and voluntary act and
deed, consisting of only ______ (____) page/s, including this page in which this
Acknowledgement is written, duly signed by (him/her) and (his/her) instrumental witnesses on
each and every page hereof.

WITNESS MY HAND AND SEAL this _____________ at _____________, Philippines.

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:

Sec. 2.78.1(A)(3). Withholding Tax on Compensation Income.

(A) xxx (3) xxx (k)

...
xxx xxx

Facilities and privileges of relatively small value. xxx xxx

Benefits received by an employee by virtue of a collective 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;

xxx 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:

Sec. 2.33. xxx

Special Treatment of Fringe Benefits. xxx xxx

Fringe Benefits Not subject to Fringe Benefit Tax.

(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;

xxx xxx xxx

These Regulations shall take effect immediately upon publication.