Monday, March 12, 2012

Luzon Stevedoring Co., Inc. vs. Luzon Marine Department Union

Facts: Petition for review on certiorari in the resolution of the Court of Industrial Relations. 

Herein respondents filed a petition with the CIR containing the full recognition of the right of Collective bargaining, close shop and check off. Also, that the work performed in excess of 8 hours be paid an overtime pay of 50 per cent the regular rate of pay, and that work performed on Sundays and legal holidays be paid double the regular rate of pay. In one of the hearing of the case, the Court ruled that the employees are only entitled to receive overtime pay for work rendered in excess of 8 hours on ordinary days including Sundays and legal holidays. Herein petitioner sought for the reconsideration of the decision only in so far as it interpreted that the period during which a seaman is aboard a tugboat shall be considered as “working time” for the purpose of the 8 – hours – Labor Law. However, it was denied. Hence, this petition. 

Issue: Whether or not the definition for “hours of work” as presently applied to dry land laborers equally applicable to seaman 

Held: No. The Court ruled that we do not need to set for seaman a criterion different from that applied to laborers on land, that the only thing to be done is to determine the meaning and scope of the term “working place”. A laborer need not leave the premises of the factory, shop or boat in order that his period of rest shall not be counted, it being enough that he “cease to work” may rest completely and leave or may leave at his will the spot where he actually stays while working, to go somewhere else, whether within or outside the premises of said factory, shop or boat. If these requires are complied with, the period of such rest shall not be counted. Claimants rendered services to the Company from 6am to 6pm including Sundays and holidays, which implies either that said laborers were not given any recess at all, or that they were not allowed to leave the spot their working place, or that they could not rest completely. Resolutions of the Court of Industrial Relations appealed from are affirmed with costs against petitioner. 

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