G.R. NO. 143542 - SIME DARBY PILIPINAS, INC. AND LARRY C. DUBBERLY, VS. ALFREDO ARGUILLA AND HENRY C. PEDRAJAS.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, it is respectfully prayed that a decision be rendered in favor of complainant against the respondents ordering the latter: a) Guilty of committing unfair labor practice acts; b) To reinstate with full backwages and without loss of seniority rights the following: Antonio Domantay - Sales Dept., Head Office-Marketing Coordinator - Original & TBA Sales. One of the most senior of the Sales Dept. Leonardo Amodia - Accounts Receivable Clerk - Cebu Branch - A union officer and the most senior of the Dept. Bethoven Tupas - Davao Branch - Inside Salesman - previously a marketing coordinator/outside salesman. Romulo Reblingca - Davao Branch - Partsman. Rommel Felstado - Sales Engineer, Head Office Tractors Division. c. To immediately comply [with] the decision in: c.1 NCR Case No. 1-34-85 c.2 G.R. No. 77188 d. To open up all those closed positions which were formerly handled by union members and contracted out; e. To cease and desist from committing acts of union-busting, contracting out of jobs and other similar or analogous acts which may constitute unfair labor practice. Considering that the charges in this case constituted criminal liabilities, it is respectfully prayed that this case be immediately, as much as possible, terminated in order to discourage and prevent the individual respondents from further committing unfair labor practice acts similar to the charges in the above-entitled case. It is so finally prayed that complainant be granted with such other reliefs and remedies under the premises. [10] The case was docketed as NLRC NCR Case No. 00-06-0355-91. On December 8, 1992, the Labor Arbiter rendered judgment in NLRC NCR Case No. 08-04696-90 in favor of respondents. The fallo of the decision reads: Accordingly, respondent is hereby declared guilty of illegal dismissal and is hereby ordered to reinstate complainants to their former or equivalent positions without loss of seniority rights and other benefits plus one year backwages, computed as follows: HENRY PEDRAJAS 6/30/90 - 6/30/91 = 12.0 mos. P257.76 x 26 x 12.0 mos. = P80,421.12 1/12 of P80,421.12 6,701.76 Total P87,122.88 ALFREDO ARGUILLA 3/30/90 - 3/30/91 = 12.0 mos. P257.76 x 26 x 12.0 mos. = P80,421.12 1/12 of P80,421.12 6,701.76 Total P87,122.88 SO ORDERED.