Plastic Town v. NLRC and ULM
Plastic Town v. NLRC and ULM
v.
NLRC and
Nagkakaisang Lakas
ng Manggagawa (NLM)
G.R. No. 81176, April 19, 1989
Petitioner
Plastic Town Center Corporation
Employer
2
Respondents
NLRC and Nagkakaisang Lakas ng Manggagawa
(NLM) - Katipunan
3
Facts
of the Case
#
1
4
Facts
On September 7, 1984, respondent
(Nagkakaisang Lakas ng Manggagawa
(NLM)-Katipunan) filed a complaint against
petitioner Plastic Town Center Corporation
with:
violation of Wage Order No. 5, by crediting
the P1.00 per day increase in the CBA as part
of the compliance with said Wage Order No.
5; and
7
Facts
In the CBA, it was provided that:
Section 3 It is agreed and understood by
the parties herein that the aforementioned
increase in pay shall be credited against
future allowances or wage orders hereinafter
implemented or enforced by virtue of Letters
of Instructions, Decrees and other labor
legislation.
8
Facts
Plastic Town Center Corporation maintained
that under the principle of fair days wage
for fair days labor, gratuity pay should be
computed on the basis of 26 days for one
month salary considering that the
employees are daily paid.
10
Issues
of the
#
2
Case
11
Issues
Whether
Whether or or not
not the
thesalary
salaryincrease
increaseononMay
May
and
andJune
Juneinincompliance
compliancewith
withWage
WageOrder
Orderno.
no.44
and
and55respectively,
respectively,represents
representsthethecompliance
compliance
for
forthe
thesection
section33ofofCBA
CBAononJuly.
July.
Whether
Whether oror not
not the
the use
use of
of 26
26 days
days inin
computing
computing gratuity
gratuity pay
pay by
by the
the petitioner
petitioner
is
is valid.
valid.
12
Issue 1: Salary Increases
There were actually 3 schedules of
increases, namely:
Wage Order No. 4 (May 1, 1984);
Wage Order No. 5 (June 16, 1984); and
Collective Bargaining Agreement (July 1,
1984)
15
Decision
The petition was DISMISSED for lack
of merit.
The employer will have to grant
additional salary increase in
compliance with CBA Section 1.
The employer will use 30 days in
computing the Gratuity Pay.
16
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