"knowledge is power" - francis bacon
Felix frankfurter- justice of US Federal SC
-Frankfurter- smoked sausage
-civil liberties union
-activist, contributed to the formation of labor standards in US (8-hour labor law, minimum wage law)
-when Cardozo died, he replaced the former
-hired first Afro-American law clerks
ANTONIO HALAGUENA CASE
-parang Almario case, pero binayaran nya ung PAL after sabi ng PAL may utang pa sha for the training. 2 years later, humirit pa ung PAL na milyon daw ung utang nya sa PAL.
RTC: PAL estopped from claiming additional amounts
CA: Affirmed RTC
SC: mukhang upheld din
For the paper:
• Can cite newspaper sources aside from books
• Purely for Labor Arbitration class
Davao Integrated Port Stevedoring Services v. Abarquez
-Company provided for sick leave benefits for its employees, convertible to cash. Both regular employees and workpool employees enjoy said benefits. However, the employer withdrew this benefit from the workpool employees.
H: the CBA was clear: the CBA considers two kinds of workers who enjoy the sick leave benefits:
* REGULAR EMPLOYEES enjoy the 15-day fixed sick leave
* INTERMITTENT EMPLOYEES enjoy variable number of sick leave but should not exceed 15 days
-It is not disputed that both classes of workers are entitled to sick leave with pay benefits provided they comply with the conditions set forth under Section 1 in relation to the last paragraph of Section 3, to wit:
(1) the employee-applicant must be regular or must have rendered at least one year of service with the company; and
(2) the application must be accompanied by a certification from a company-designated physician.
-since this ripened into company practice, it cannot be unilaterally withdrawn by the employer - or else violation of LC
-when an existing employer practice becomes an enforceable right: a considerable amount of time has lapsed and said act has been practiced or exercised or done by the employer
-did the court set a hard and fast rule for considering an act a company practice: no, no set number of years
How many years would it take for a practice to ripen into a company practice? SC has not laid down any hard and fast rule
Sevilla Trading: the requirement for the ER to be able to get back or make bawi the benefits given is that to argue that it was given due to mistake - but should do it as early as possible, or else, it would be the fault of the employer
-what is the rule now? The burden is upon the employer to prove that he did not know about the mistake, the withdrawal was immediately done upon discovery of the error
-pwede ba, especially in CBA negotiations, change the existing policy being followed in replacement of another benefit? Yes, allowed, but the substitute should correspond to the benefit withdrawn.
How to determine if it is in equal terms?
- If the parties agree, then no problem
- If none, then labor arbiter
Kimberly Clark v. Lorredo (1st case - 1993)
-CBA provides that if an employee leaves the service of the employer, the employee who is leaving
Kimberly Clark part 2 - sorry ako nagrecite so not much case
-Voluntary arbitrator's power: VA should not dispense with their own type of justice
TSPIC v. TSPIC Union
-EE and ER entered into a CBA which provided for wage increases and regularization increase, but with a crediting clause which provided that the said increases are deemed to be compliance with subsequent wage orders. However, even with the said provision, the ER complied with subsequent wage orders, but upon finding that they made a mistake, announced that they would deduct from the salaries of the affected employees.
Court held that in interpreting the CBA, the specific provisions are followed vs. General provisions
Would not the deductions be tantamount to withdrawal of benefits? No. Not a company -practice as the court held. It was made under a mistake.
Bobcock v. Union
-CBA provided a relocation allowance which is given to employees relocated. 2 branches, Bauan and Makati. Those who live in Bauan, working previously in Makati, but relocated in Bauan now claim the relocation allowance
-company refuses to pay, so complaint for relocation allowance filed
H: CBA clear. Upon relocation, the employee is entitled to relocation allowance
Cheniver printing press case
-the employee was to be relocated. He did not want to be transferred, so would just resign but asks for separation pay/financial assistance
-Court required the employer to pay the affected employee financial assistance
-this ruling is dangerous, especially to pharmaceutical and distribution companies who always send its employees in far flung places
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