REPUBLIC OF THE PHILIPPINES

NATIONAL LABOR RELATIONS COMMISSION

Regional Arbitration Branch No. VII
Cebu City

THE BIG 5 COMPANY,

Complainant,

-versus- RAB VII CASE No. 007-18

For: Illegal Strike

KATAPATAN EMPLOYEES
UNION, PROCOPIO DELA CRUZ,
As Union President, ET. AL.,
Respondents.

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COMPLAINT-AFFIDAVIT

That I, NICOLE ELNAR, of legal age, married, Filipino, and a resident of 123 F.
Llamas Street, Punta Princesa, Cebu City, after having been duly sworn to according to
law hereby depose and say:

1.) That I am the owner of The Big 5 Company, a corporation organized and existing
under and by virtue of the laws of the Republic of the Philippines, with business address
at Jones Avenue, Cebu City. I am executing this affidavit in behalf of The Big 5 Company
being the Complainant herein;

2.) That in behalf of the said Company, as per Corporate Secretary’s Certificate dated
February 23, 2018, attached hereto as Annex “A”, I am filing a formal complaint for Illegal
Strike against the Katapatan Employees’ Union officers and members who knowingly
participated therein;

3.) That on or about 8 o’clock in the Morning of February 02, 2018, the Respondents
started gathering in the designated area where the Strike was allowed to be held;

4.) That on the aforementioned time and onward, the Strikers were seen and
photographed marching to and fro near the gate of the Company enough to block and
intimidate the non-strikers from entering the Company premises. Original copies of the
said photographs are hereto attached as Annex “B” hereof;

5.) That aside from blocking the egress and the ingress of the Company, a reported
incident was also committed by the Union President to the HR Manager of the Company;

6.) That I am executing this affidavit for and in behalf of The Big 5 Company, being the
owner thereof, to file a formal complaint for ILLEGAL STRIKE against the Katapatan
Union officers and members who knowingly and directly participated in the said Strike.

IN WITNESS WHEREOF, I have hereunto affixed my signature for and in behalf

of The Big 5 Company at Cebu City this 1st day of March, 2018.
 NICOLE ELNAR
Affiant

SUBSCRIBED AND SWORN to before me this 1st day of March, 2018 at Cebu
City. I HEREBY CERTIFY that I have personally examined the herein affiant and I am
satisfied that he voluntarily executed and understood his given affidavit.

PHILIPP I. NEZ
Prosecution Attorney II