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The document is an opposition filed by Valiant Asia Pacific Corp. against a petition for a certification election among its employees. Valiant argues that the petition should be denied for several reasons: 1) The members of the union seeking to represent employees (VEU-AGLO) are actually employees of a job contractor, Luxor Manpower Corp., not Valiant; 2) There is no employer-employee relationship between VEU-AGLO and Valiant; and 3) The petitioner has not proven that such a relationship exists or that Valiant employs the minimum number of employees needed to warrant an election. Valiant requests that the petition be denied due to fraud, misrepresentation, and lack of an employment relationship between the parties.
The document is an opposition filed by Valiant Asia Pacific Corp. against a petition for a certification election among its employees. Valiant argues that the petition should be denied for several reasons: 1) The members of the union seeking to represent employees (VEU-AGLO) are actually employees of a job contractor, Luxor Manpower Corp., not Valiant; 2) There is no employer-employee relationship between VEU-AGLO and Valiant; and 3) The petitioner has not proven that such a relationship exists or that Valiant employs the minimum number of employees needed to warrant an election. Valiant requests that the petition be denied due to fraud, misrepresentation, and lack of an employment relationship between the parties.
The document is an opposition filed by Valiant Asia Pacific Corp. against a petition for a certification election among its employees. Valiant argues that the petition should be denied for several reasons: 1) The members of the union seeking to represent employees (VEU-AGLO) are actually employees of a job contractor, Luxor Manpower Corp., not Valiant; 2) There is no employer-employee relationship between VEU-AGLO and Valiant; and 3) The petitioner has not proven that such a relationship exists or that Valiant employs the minimum number of employees needed to warrant an election. Valiant requests that the petition be denied due to fraud, misrepresentation, and lack of an employment relationship between the parties.
Election among the Regular Rank and File Employees of VALIANT ASIA PACIFIC CORP. (formerly VALIANT PAPER ASIA PACIFIC CORP.)
Association of Genuine Labor Organizations
(AGLO) in behalf of Local Chapter VALIANT EMPLOYEES UNION-Association of Genuine Labor Organizations (VEU-AGLO), Petitioner.
Case No. NCR-CFO-CE-36-07-09
VALIANT ASIA PACIFIC CORP.
(formerly VALIANT PAPER ASIA PACIFIC CORP.) Company. X---------------------------------X
OPPOSITION AGAINST PETITION FOR
CERTIFICATION ELECTION
Company, VALIANT ASIA PACIFIC CORPORATION (
VALIANT for brevity)unto this Honorable Office of the Department of Labor and Employment, National Capital Region, respectfully oppose and assail the subject petition on the following grounds:
1. The members of the Local Chapter - VALIANT
EMPLOYEES UNION- Association of Genuine Labor Organizations (VEU-AGLO) are employees of LUXOR MANPOWER CORP., a legitimate job contractor licensed under D.O.174-17 ;
2. The company entered into job contracting arrangement
with LUXOR MANPOWER CORP. by virtue of the Service Agreement in accordance with the provisions of D.O. 174-
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17 and the petition should be properly lodged upon the said
manpower corporation ;
3. The basis for the filing of the petition is without legal
basis as there is an absence of employer-employee relationship between the local chapter VEU-AGLO and VALIANT;
4. Under D.O. 40-03, the petition for certification election
may be denied if there exists fraud, misrepresentation and the absence of employment relationship;
5. There is no truth that the company employs more or
less Eighty (80) regular rank and file employees as the members of the VEU-AGLO are either not connected with the company or direct employees of LUXOR MANPOWER CORPORATION;
6. It is therefore imperative that the petitioner should
prove that indeed there is an employment relationship between the VEU-AGLO and VALIANT before the petition be granted as the burden of proof lies upon them;
7. As it was settled that the party who alleges has the
burden of proof to prove its allegation. The petitioner must submit supporting documents to prove their allegation Otherwise, the petition must be denied;
8. The issuance of Charter Certificate is discretionary and
self-serving on the part of the Federation and can easily be done even in the absence of local chapter members or want of legal basis due to the absence of employer-employee relationship;
9. We call the attention of the Honorable Office of Med-
Arbiter to look into the pattern of anomalous filing of the federation of the petition for certification election on the principal company using the agency employees as their local members of the local chapter and later on staged a strike if denied due to absence of employer-employee relationship just like what happened to NUTRI-ASIA in Region 3 which caused damage to business operations and loss of employment of agency employees; and 3
10. Company maintained and hereby submit its payrolls
viz-a viz its SSS, PHIL-HEALTH and Pag-IBIG remittances to show proof that indeed the local members are not employees of VALIANT.
PRAYER
WHEREFORE, premises considered, it is respectfully
prayed that the PETITION be denied due to fraud, misrepresentation and absence of employer-employee relationship.
Other reliefs, just and equitable under the
circumstances are likewise prayed for.
17 September 2018 , Valenzuela City,Philippines.
For : VALIANT ASIA PACIFIC CORP.
Copy furnished:
Atty. JAIME L. MIRALLES
National President Association of Genuine Labor Organization(AGLO) RM.236, Regina Bldg. Escolta, Manila
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