Case Summary (G.R. No. 146073)
Relevant Contracts and Agreements
The first CBA was entered into on September 28, 1990, and was effective until September 28, 1995. It was subsequently renewed with a second CBA that took effect on September 29, 1995. Both CBAs stipulated that employees would work five days a week but did not specify how wages should be computed, leading to disputes over the divisor used for salary calculations.
Wage Computation Dispute
Initially, ICTSI calculated employee wages using a divisor of 304 days per year. However, following a wage increase from the Regional Tripartite Wage and Productivity Board (RTWPB), ICTSI switched to using a 365-day divisor for wage determination, even though the employees’ actual work week was reduced to 250 days as per the CBA.
Retrenchment and Strike Action
In early 1997, ICTSI implemented a retrenchment program affecting its on-call employees. The APCWU filed a notice of strike which included complaints regarding both the retrenchment and the divisor issue for wage computation. While the retrenchment issue was later resolved through a compromise, the wage issue continued to the Labor Arbiter.
Complaint and Motion for Intervention
The APCWU, representing its members, filed a complaint with the Labor Arbiter on February 26, 1997. However, the Labor Arbiter dismissed the complaint due to APCWU's failure to submit a position paper. After a motion to revive the case was granted, petitioners-appellants sought to intervene, arguing their interests were at stake, particularly if the union failed to prosecute the case diligently.
Labor Arbiter’s Decision
The Labor Arbiter ruled that the correct divisor for wage calculations was 250 days, directing ICTSI to pay the salary differentials to the employees. However, the Labor Arbiter denied the petitioners-appellants’ motion to intervene, citing adequate representation by APCWU.
Appeals and Certifications
The NLRC reversed the Labor Arbiter’s decision regarding the wage computation but upheld the denial of the petitioners-appellants’ intervention. Unsatisfied, both APCWU and the petitioners filed petitions for certiorari to the Court of Appeals. The Appeals Court dismissed APCWU’s petition due to procedural deficiencies and also dismissed the petitioners-appellants’ petition because they were adequately represented by APCWU.
Legal Grounds for Denial of Intervention
In assessing the petitioners-appellants' right to intervene based on Rule 19 of the 1997 Rules of Civil Procedure, the Court noted that the union, under Arti
...continue readingCase Syllabus (G.R. No. 146073)
Case Overview
- The case involves a petition for review on certiorari filed by petitioners-appellants Jerry E. Acedera and others against the International Container Terminal Services, Inc. (ICTSI), the National Labor Relations Commission (NLRC), and the Court of Appeals.
- The primary issue is the denial of the petitioners-appellants' Complaint-in-Intervention concerning the computation of wages based on a divisor of 250 days instead of 365 days as previously practiced by ICTSI.
Parties Involved
- Petitioners-Appellants: Jerry E. Acedera, Antonio Parilla, and other employees of ICTSI, who are members of the Associated Port Checkers & Workers Union-International Container Terminal Services, Inc. Local Chapter (APCWU-ICTSI).
- Respondents-Appellees: International Container Terminal Services, Inc. (ICTSI), National Labor Relations Commission (NLRC), and the Court of Appeals.
Background of the Case
- ICTSI commenced operations in 1988, initially computing employee wages based on a divisor of 304 days.
- The first Collective Bargaining Agreement (CBA) was established on September 28, 1990, for a term of five years, which was followed by a renewal on September 29, 1995.
- Both CBAs stipulated that the regular work week consisted of five days, yet ICTSI continued to compute wages using the 304-day divisor.
- In 1990, a wage increase was mandated by the Regional Tripartite Wage and Productivity Board (RTWPB), prompting the union to request a change in the divisor for wage calculation.
- In response, ICTSI began using 365 days as the divisor to compute wages, despite the five-day work week.
Events Leading to the Complaint
- In early 1997, ICTSI impl