Digest-National Sugar Refineries Corp Vs NLRC

 

7. National Sugar Refineries Corp. vs. NLRC and NBSR Supervisory Union G.R. No. 101761, ! "ar#$ 1%%& 'opi#( Supervisors, like manager manager,, not entitled to overtime pay.

)a#ts( 1. Petitioner, Petitioner, a corporation which is fully owned owned and controlled by by the government, government, operates three three refineries refineries located at Bukidnon, Iloilo and Batangas. 2. espondent espondent union represents the former former supervisors of the !"S#$%&' !"S#$%&' Batangas Batangas suga sugarr refinery. refinery. (. In 1))*, petitioner implemented implemented a +ob $valuation $valuation program program affecting affecting all employees, employees, from rank and file to department department heads. . -ith the implementation implementation of the +ob $valuation $valuation program, program, members members of the respondent union were were reclassified under levels S/ to S* which are considered managerial staff for purposes of compensation and benefits. /. In 0ay, 0ay, 1)), petitioner petitioner recognied recognied herein herein respondent respondent union, union, which was organied organied pursuan pursuantt to " 34 341/ 1/ allowing allowing supervisory employees to form their own unions, as the bargaining representative of all the supervisory employees at the petitioner5s plant in Batangas. 3. In +une 1)), 1)), respondent respondent union union filed a complaint complaint with the e6ecutive e6ecutive labor labor arbiter arbiter for nonpayment nonpayment of overtime, overtime, rest day and holiday pay allegedly in violation of "rticle 1 of the 7abor &ode. 4. 7abor 7abor arbiter arbiter directe directedd to pay pay the the wages wages co compla mplained ined of *. !7& !7& affirmed affirmed the decisio decisionn of 7abor 7abor "rbiter "rbiter on the groun groundd that that me membe mbers rs of the the respon responde dent nt union are not managerial employees, and, therefore they are entitled to overtime, rest day and holiday pay. 8hey declared that these supervisory employees are merely e6ercising recommendatory powers sub9ect to the evaluation, review and final action by their department heads. ). :e :enc ncee thi thiss app appea eall *ssue( -'! *ssue(  -'! the members of respondent union are entitled to overtime, rest day, and holiday pay; +eld(

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for the reason that they are considered as members of the managerial staff, as mentions in "rticle *2 of the 7abor &ode. &ode.

Ratio( 1. "rticl "rticlee *2 of of the 7ab 7abor or &ode &ode