Collective Bargaining Agreement

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; -andDUMO DUMOPO POY, Y, MALA MALAKI KI AND AND ROLD ROLDAN AN MANU MANUFA FACT CTUR URIN ING G EMPL EMPLOY OYEE EES S   ASS ASSOC OCIA IATI TION ON – AMU, AMU, a labor labor unio union n duly duly affi affili liat ated ed with with Asso Associ ciat atio ion n of  Manufacturing Union, a duly organized labor federation, registered under the Certif Certifica icate te of Regist Registrat ration ion No. 9745 9745 (FED) (FED) – LC with with office officess at Davao Davao City, 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 THEREFOR THEREFORE, E, for and in consid considera eratio tion n of the premis premises, es, and of the mutual 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 used in this this Agree Agreemen ment, t, it shall shall be deemed deemed to includ includee only only those those within within the approp appropria riate te  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 

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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 employ employee ee covere covered d by this this Agreem Agreemen entt are embodi embodied ed herei herein, n, and the same shall shall govern govern the relationship between the COMPANY and such employees. On the other hand, all such benefits and/or privileges not expressly provided f 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 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 long or how often, often, shall shall not not be constr construed ued as establi establishi shing ng an obliga obligatio tion n on the part of the COMPANY;  ARTICLE II MANAGEMENT PREROGATIVES Section 1. Except Except as modified by express express provisions provisions of the Agreement, 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, transfer to Manila Manila and other other places, places, promotion, promotion, demotion, demotion, discharge, 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 furthe furtherr under understo stood od and agreed agreed that that all rights rights,, powers powers or author authority ity posses possessed sed 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 

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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 hereof,, and must must remain remain member memberss of good good standi standing ng for the duration duration of this this agreem agreement ent 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 expuls expulsion ion provided provided in the latter latter case, case, the action action of the UNION is in accordan accordance ce with with its constitut constitution ion and by-laws. by-laws. May be recommended recommended by the UNION to the COMPANY for dismissal and the Compan Company y may, may, upon upon receip receiptt of the said said recomm recommend endati ation, on, take take approp appropria riate te action 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 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 hereun hereunder der except except as permit permitted ted by law pursua pursuant nt to a checkcheck-off off author authoriza izatio tion n signed 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  Sectio Section n 1. The COMPANY COMPANY recogn recognize izess the employ employees ees’’ right right to be secure secured d in their 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, 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   justi justice ce and fairne fairness, ss, and the COMPANY COMPANY shall shall not discri discrimin minate ate agains againstt an employ employee ee of his membership in the UNION. Section Section 2. Discip Disciplin linee – The UNION shall shall assist assist the COMPA COMPANY NY in promot promoting ing and maintaini maintaining ng discipline discipline,, housekeepi housekeeping, ng, security security of COMPANY COMPANY assets assets and cooperati cooperation on 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 

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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 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 l ikewise remain the same. Section 3. Any 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 1.  VACATION LEAVE – The COMPANY shall extend to all regular rank and file employees the following vacation leave with pay: 1] 7 1] 7 days   2]9 days   3]10 days

– 1 year but less than 5 years of service – 5 years but less than 10 years of service – 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 9day 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   2]6 days   3]7 days

– 1 year but less than 5 years of service – 5 years but less than 10 years of service – 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 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 single employe employee: e: A Parent Parent (father, (father, mother), mother), legitimat legitimatee brother brother/s /s and sister/s sister/s only. For For marri married ed em empl ploy oyee ee:: A spou spouse se (wif (wifee or husb husban and) d),, legi legiti tima mate te chil childr dren en and and pare parent ntss by  consanguinity only. Section 5. WEDDING 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

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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. Sectio Section n 2. EXCEPT EXCEPTION IONAL AL SERVIC SERVICE E AWARD AWARD – Any employ employee ee who render renderss 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, r etirement, 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 45 th 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 even eventt that the the employee employee reaches reaches the the compulsor compulsory y age of retirem retirement ent and 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 Section 5. FREE MEDICAL CONSULTATIO CONSULTATION N – The COMPANY agrees to provide 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 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; subjects; and for purposes of enrichin enriching g their their basic knowledge knowledge of their their job, the COMPANY 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.

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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 Sectio Section n 1. Defini Definitio tion n of Grieva Grievance nce – A grieva grievanc ncee is any contro controver versy sy betwee between n 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 Manage Managerr or his duly authoriz authorized ed repres represen entat tative ive takes takes up the complain complaintt levele leveled d by the COMPAN COMPANY Y agains againstt the employee employee with with the Presiden Presidentt of the UNION UNION or his duly duly author authorize ized d 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 f inal 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. Council. Section 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 shall recei receive ve all compla complaint intss and grieva grievanc ncee arisin arising g from from employ employerer-un union ion 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 absence of the regular member, member, but if the absent absent member is the one appointed appointed by agreement 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 least two (2) members members presen present, t, and the same same shall shall be final final and binding binding on the parties parties concerned. There There shall shall be no action action taken taken on any matter matter pendin pending g in the Counci Councill by either 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 Council not otherwise otherwise settled settled therein shall be settled settled by arbitration arbitration in accordanc accordancee with the

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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 af oresaid 10-day period, the representatives of the COMPANY and the UNION are unable to agree upon the third member, the NLRC shall be reques requested ted to submit submit a list list of five five (5) respon responsib sible le and qualif qualified ied arbitra arbitrator torss from from which 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 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 parties to the dispute, disagreemen disagreementt or controvers controversy y to present fully but expeditiously, 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 b e 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 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 pr eserve 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 term of this this Agreem Agreement ent,, its renewal renewal or exten extensio sion, n, cause, cause, permit permit or take take part part in any strike, 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, COMPANY, including including walkouts walkouts and demonstrations demonstrations against the COMPANY 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 COMPANY and the UNION acknowledg acknowledgee that during during the negoti negotiati ations ons result resulted ed in this this Agreem Agreement ent,, each each of them them had the the unlim unlimite ited d 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 effectivi effectivity ty of this Agreement Agreement any benefits benefits granted herein if already already provided 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.

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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 f orce 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 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 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 ASSOCIATIONS OF MANUFACTURING UNIONS (AMU) By :

DUMOPOY, MALAKI AND ROLDAN MANUFACTURING INC. By:

DAVE M. MUSTAINE National President

 AEXI L. LAIHO Factory Manager

For the Local: DUMOPOY, MALAKI AND ROLDAN MANUFACTURING EMPLOYEES ASSOCIATION – AMU By:

JOHN P. PETRUCCI Local President

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SIGNED IN THE PRESENCE OF: __________________________

______________________

 A C K N O W L E D G E M E N T Republic of the Philippines) : s.s. CITY OF DAVAO X-------------------------------/

BEFORE BEFORE ME, the unders undersign igned ed Notary Notary Public Public in and for Davao Davao City, City, Philip Philippin pines es on this this   _______ _________ __ day of ________ ________,, 2005, personally appeared MR. AEXI L. LAI LAIHO HO in his his capa capaccity ity as the the Fact Factor ory y Mana Manage ger r of DUMO DUMOPO POY, Y, MALA MALAKI KI AND AND ROLD ROLDAN AN,, MANUFACTURING Inc. with Inc.  with Community Tax Cert. No. 11581791 issued on February 16, 2010 at Davao City, Philippin Philippines, es, and MR. DAVE M. MUSTAINE in his capacity as National President of the  ASSOCIATION OF MANUFACTURERS UNIONS, UNIONS, with Community Tax Cert. Cert. No. 12950857 12950857 issued issued on Feb Februa ruary ry 11, 2010 at Tagum Tagum City, City, Philip Philippin pines es and JOHN P. PETRUCCI in his his capa capaci city ty as the the Local Local Presid President ent of DUMOP DUMOPOY, OY, MALAKI 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 same person personss who signe signed d the foregoi foregoing ng COLLEC COLLECTIV TIVE E BARGAI BARGAININ NING G compos composed ed of 9 pages 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 of

___________ ___________ ___________ ___________ ___________

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