DAVAO INTEGRATED PORT STEVEDORING SERVICES, vs. . RUBEN V. ABARQUEZ, in his capacity as an accredited Voluntary Arbitrator and THE ASSOCIATION OF TRADE UNIONS (ATU-TUCP).
- G.R. Number: G.R. No. 102132
- Promulgated: 1993-03-19
Doctrine
The Court treats a collective bargaining agreement (CBA), as used in Article 252 of the Labor Code, as a contract executed upon request of either the employer or the exclusive bargaining representative incorporating the agreement reached after negotiation.
Facts
The case involves a collective bargaining agreement (CBA) and its renewal provisions relating to vacation and sick leave benefits for field workers.
Upon renewal on 15 April 1989, sick leave benefits were reproduced and the coverage was expanded to include the 'present Regular Extra Labor Pool as of the signing of this Agreement.'
Section 3, Article VIII (revised) entitles intermittent field workers who are members of the Regular Labor Pool and present Regular Extra Labor Pool to vacation and sick leaves per year of service, with a schedule based on hours rendered including overtime.
During the CBA's effectivity from 16 October 1985 until three months after renewal on 15 April 1989 (until July 1989), all field workers in the regular and present regular extra labor pools who rendered at least 750 hours were within its scope.
Issues
Whether the renewed CBA expanded sick leave coverage to include the 'present Regular Extra Labor Pool as of the signing of this Agreement.'
Whether intermittent field workers who are members of the Regular Labor Pool and present Regular Extra Labor Pool are entitled to vacation and sick leaves based on the hours-rendered schedule in revised Section 3, Article VIII.
Keywords
G.R. No. 102132, Collective Bargaining Agreement, Article 252 of the Labor Code, Article 1700 of the Civil Code of the Philippines, sick leave with pay benefits, labor contract, public interest, liberal construction, company practice or policy, diminution of benefits, Voluntary Arbitrator, Article 261 of the Labor Code, arbitral power, injunction, certiorari, Davao Integrated Port Stevedoring Services, sick leave, company, privilege, unenjoyed portion