Kimberly Clark Philippines
Kimberly Clark Philippines
FACTS:
Guerrero, through the Union, recommended for hiring his nephew who is a collateral
relative within the third civil degree pursuant to Section I, Article XX of the CBA which
is quoted as:
Sec. 1. The COMPANY agrees to employ, the immediate member of the family
of an employee provided qualified, upon the employee's resignation, retirement,
disability or death. In case of resignation, however, employment of an
immediate member of the family of an employee may be allowed provided the
employee has rendered a service of ten (10) years and above and the resignation
is not a forced resignation. For the purpose of this section, the phrase
"immediate member of the family of an employee" shall refer to the employee's
legitimate children and in default thereof to the employee's collateral relative
within the third civil degree. The recommendee of the retired/resigned employee
shall, if qualified, be hired on probationary status.
In a letter, dated 16 April 1991, KCPI informed the Union, through its President, that
it could not act favorably on Guerrero's recommendee considering that Danilo L.
Guerrero has legitimate children namely: Joanne Guerrero (ten years of age), Mary Anne
Guerrero (seven years of age) and Dianne Guerrero (three years of age). The Union
argued that, since Guerrero's legitimate children are still minors, he could validly
recommend for hiring his nephew.
Failing to agree on the proper interpretation of Article XX, Section 1, of the CBA and
after exhausting remedies through the grievance machinery, the parties agreed to submit
their dispute for voluntary arbitration.
ISSUE:
Whether or not the implementation of Art. XX, Section 1 of the CBA is well within
the spirit of the said provision.
VOLUNTARY ARBITRATOR:
The Voluntary Arbitrator held that nephew of retired employee Danilo Guerrero
should be employed by the Company as his replacement pursuant to Section 1, Article
XX of the Collective Bargaining Agreement.
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The Supreme Court held that a collective bargaining agreement, just like any other
contract, is respected as the law between the contracting parties and compliance therewith
in good faith is mandated. Similarly, the rules embodied in the Civil Code on the proper
interpretation of contracts can very well govern. The intention of the parties is
primodial if the terms of the contract are clear, the literal meaning of the stipulations shall
control, but if the words appear to be contrary to the evident intention of the parties, the
latter shall prevail over the former.