Monday, March 12, 2012

Pan American Wolrd Airways System (Phil.) vs. Pan American Employees Association

FactsAppeal by certiorari from the decision of the Court of Industrial Relations in case No. 1055 – V dated October 10, 1959, and its resolution en banc denying the motion for reconsideration by the petitioner herein. 

The Court orders to compute the overtime compensation due the aforesaid fourteen (14) aircraft mechanic and the 2 employees from the Communication Department based on the time sheet of said employees from February 23, 1952 – July 15, 1958 and to submit his report within 30 days for further disposition by the court. 

Petitioner contends that the finding of that the 1 – hour meal period should be considered work (deducting 15 minutes as time allowed for eating) is not supported by substantial evidence. 

Issue: Whether or not the 1 hour meal period should be considered as overtime work (after deducting 15 minutes) 

Held: Yes. The Court ruled that during the so called meal period, the mechanics were required to stand by for emergency work; that if they happened not to be available when called, they were reprimanded by the lead man; that as in fact it happened on many occasions, the mechanics had been called from their meals or told to hurry Employees Association up eating to perform work during this period. Judgment appealed from is affirmed. Cost against appellant.

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