Monday, March 12, 2012

National Shipyards And Steel Corporation vs. Court of Industrial Relations

Facts: Petition for review by certiorari of the orders of the Court of Industrial relations requiring it to pay its bargeman, Malondras, an overtime service of 16 hours a day for a period from January 1, 1954 - December 31, 1956, and from January 1, 1957 to April 30, 1957, inclusive. 

NASSOO, engaged in the business of ship building and repair that needs a service of a bargeman. Bargeman are required to stay in their barges for on call duty, so they are given living quarters and subsistence allowance of P1.50 per day during the time they are on board. However, Malondras filed with the Industrial Court a complaint for the payment of overtime compensation because of his exclusion from the second report of the examiner. The examiner then submitted an amended report giving Malondras an average of 16 overtime hours a day, and recommending the payment to him of P15, 242.15 as overtime compensation during the period covered by the report. Hence, this petition. 

Issue: Whether or not respondent Malondras is entitled to 16 hours a day overtime pay

Held: No. The Court ruled that the correct criterions in determining whether or not sailors are entitled to overtime pay is not whether they were on board and cannot leave ship beyond the regular eight working hours a day, but whether they actually rendered service in excess of said number of hours; In such much as the parties show that the subsistence allowance is independent of and has nothing to do with whatever additional compensation for overtime work was due the petitioner, the same should not be deducted from his overtime compensation. Respondent Malondras should be credited (5) overtime hours instead of (16) hours a day for the periods covered by the examiner’s report. Order appealed is affirmed with modifications.

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