Petition for Certification Election

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    Republic of the Philippines

    Department of Labor and Employment

    REGION VI

    MED-ARBITRATION UNIT

    ILOILO CITY

    IN RE: PETITION FOR CERTIFICATION

    ELECTION AT THE ESTABLISHMENT

    ABC SUPERMARKET, INC.

    CASE NO. ____________________

    ABC SUPERMARKET LABOR

    ASSOCIATION,

    Petitioner,

    ABC SUPERMARKET, INC.

    Employer.

    x--------------------------------------------------------x.

    PETITION

    PETITIONER, through counsel, and to this Honorable Office, most respectfully

    states:

    1. Petitioner is an independent legitimate labor organization duly registered with DOLE- Region 6

    Office with address at No. 07 Quezon corner Ledesma Streets, Iloilo City.

    2. ABC Supermarket, Inc. is a business entity engaged in the buying and selling of hardware

    materials and construction supply. It is operating by virtue of the Philippine laws, with address

    at Warehouse 08, Muelle Loney Street, Iloilo City;

    3. The bargaining unit shall be comprised of all regular rank-and-file weekly-paid employees of

    the ABC Marketing, Inc. Except for the following which are excluded from the bargaining unit:

    a. Managers

    b. Supervisors

    c. Personnel, Accounting and Marketing Staff

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    d. Security Personnel

    e. Monthly Employees

    f. Employees paid on a pakyaw or non-weekly basis

    4. The bargaining unit comprises of an approximate number of fifty (50) rank-and-file daily-paid

    employees.

    5.

    6. Petitioner is an independent legitimate labor organization duly registered with Labor Relations

    Division- Region VI Office, having been duly registered in accordance with existing laws. The

    registration of the said union was duly reported to this Honorable Office on January 15, 2007 as

    shown in the transmittal letter dated January 14, 2007 here attached as Annex A;

    7. The attachments of the said letter are the following documents:

    Annex B Charter Certificate

    Annex C Joint Affidavit of the Union Secretary and President

    Annex D List of Officers and their addresses

    Annex E List of Union Members

    Annex F List of Rank and File Employees

    Annex G Minutes of Organizational Meeting held on January 21, 2010

    Annex G-1 Attendance during the said meeting

    Annex H Constitution and By-laws

    Annex H-1 to H-4 List of employees who ratified the Constitution

    and By-Laws

    Annex H-5 Minutes during CBL Ratification

    Annex I to I-3 Book of Accounts such as Cash Receipt Book, Cash

    Disbursement Book, Journal and Ledger

    Annex J Corresponding Financial Statement

    Annex K Collective Bargaining Agreement

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    8. The petition is supported by 77% of the more or less 140 regular rank-and-file employees of the

    company. Attached herewith as Annexes L and L-4 are the Katibayan sa Pagsapi which

    constitute the support signatures for the purpose of complying with Art. 256 of the Labor Code,

    as amended;

    9. The petition is filed within sixty (60) days prior to the expiry of the Collective Bargaining

    Agreement;

    10. There is no legal hindrance to the conduct of an immediate certification election at the

    establishment of the employer.

    WHEREFORE, it is respectfully prayed unto this Honorable Office than an order be issued, after

    due notice and hearing, for the conduct of a certification election among the rank-and-file employees at

    Santanas Little Helpers, Inc.

    Makati City for Manila.

    February 23, 2010.

    CALIDA & ASSOCIATES

    L A W F I R M

    Unit 1510, Cityland 10 Tower 2

    Dela Costa St., Salcedo Village,

    Makati City, 1201 Metro ManilaTelephone Number: 02 893 8774

    By:

    MARK JOREL O. CALIDA

    Counsel for PetitionerPTR NO. 1173712 / 01-06-09 / Makati City

    IBP No. LRN 00021 / 01-06-01 / Makati City

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    Roll of Attorneys no. 33018

    MCLE Exemption no. II-000001

    Copy Furnished by Registered Mail:

    The ManagementSantanas Little Helpers, Inc.

    Warehouse 6, La Vida Loca Compound,

    666 Buendia, Makati City

    EXPLANATION

    Service to the employer is done by registered mail due to distance and lack of available

    messenger.

    MARK JOREL O. CALIDA

    VERIFICATION

    I, JOSE MIGUEL A. ESTRADA, of legal age, after being duly sworn in accordance with law,depose and say:

    That I am the President of petitioner Union;

    That I have caused the preparation and filing of the foregoing Petition;

    That I have read the same and found its contents to be true and correct of my own knowledge.

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    That petitioner has not filed any action with similar issues before the Supreme Court, Court of

    Appeals, or any other body, agency, or tribunal and I am not also aware of any similar action pending

    before the Supreme Court, Court of Appeals, or any other body, agency, or tribunal and in case I

    become aware of such case, I undertake to inform the Honorable Office within five (5) days from suchknowledge.

    JOSE MIGUEL A. ESTRADA

    Affiant

    SUBSCRIBED AND SWORN TO before me this ___th day of February, 2010, here at Makati.

    Notary Public

    Doc. No. ____

    Page No. ____Book No. ____

    Series of 2010