Cheniver Deco Print Technics Corporation v. National Labor Relations Commission

QUISUMBING, J.:

This special civil action for certiorari seeks to annul the resolution of public respondent promulgated on May 31, 1995, in NLRC NCR CA 007946-94, and its resolution dated August 14, 1995, which denied petitioner's motion for reconsideration. Petitioner is a duly organized corporation operating its printing business in Visita St., Barangay Sta. Cruz, Makati.

Private respondent CFW-Magkakaisang Lakas ng mga Manggagawa sa Cheniver Deco Print Technic Corporation is a registered labor union affiliated with the Confederation of Free Workers (CFW). Private respondent Edgardo Viguesilla and twenty two (22) others are members of aforesaid union and former employees of petitioner. The records disclose that on June 5, 1992, petitioner informed its workers about the transfer of the company from its site in Makati to Sto.

Tomas, Batangas. Petitioner decided to relocate its business in view of the expiration of the lease contract on the premises it occupied in Makati and the refusal of the lessor to renew the same. Earlier, the local authorities also took action to force out petitioner from Makati because of the alleged hazards petitioner's plant posed to the residents nearby.1âwphi1.nêt In view of the impending transfer, petitioner gave its employees up to the end of June 1992 to inform management of their willingness to go with petitioner, otherwise, it would hire replacements.

On June 27, 1992, petitioner reminded its workers of the following schedule to be followed: June 29, 1992 - last day of operation in Makati July 1-31, 1992 - temporary shutdown to give way to transfer of operation August 1, 1992 - start of operation at new site in Sto. Tomas, Batangas. On August 4, 1992, petitioner wrote its employees to report to the new location within seven days, otherwise, they would be considered to have lost interest in their work and would be replaced.

Five days later, the union advised petitioner that its members are not willing to go along with the transfer to the new site. Nonetheless, petitioner gave its workers additional time within which to report to the new work place. Later on, the labor federation informed petitioner that the employees decided to continue working for petitioner.

However, not one reported for work at petitioner's new site. It appears that several employees namely, Edgar Paquit, Dexter Mitschek, Nicanor Quebec, Maricris Polvorosa, Vicente Solis, Eugene De la Cruz, Rodel Gomez, Marylin Macaraig, Diomedis Poblio, Albert Pimentel, Marieta Ramos, Gilbert Saquibal, Marlon Tafalla, Eduardo Jolbitado, Solitario Andres, Maria Cecilia Perez and Wilfredo Flores, decided not to work at the new site but just opted to be paid financial assistance offered by petitioner. On the other hand, the remaining workers (private respondents herein) filed a complaint against petitioner for unfair labor practice, illegal dismissal, underpayment of wages, non-payment of legal holiday pay, 13th month pay, incentive leave pay and separation pay.

On October 27, 1994, the labor arbiter rendered a decision declaring the transfer of petitioner's operation valid and absolving petitioner of the charges of unfair labor practice and illegal dismissal. However, the labor arbiter directed petitioner to pay private respondents their separation pay and other money claims as well as attorney's fees, decreeing as follows:

WHEREFORE, premises considered, judgment is hereby rendered: 1. Declaring respondent company not guilty of unfair labor practice. (ULP); 2. Declaring respondent company not guilty of illegal dismissal and illegal lay-off but directing it to pay the individual complaints their separation pay, to wit: a) Adeser, Tarcisio - P20,280.00 b) Albino, Silveria - 36,816.00 c) Arizala, Imelda - 18,408.00 d) Canares, Danilo - 36,816.00 e) Carin, Elena - 12,272.00 f) Cabanatan, Lourdes - 9,204.00 g) Dizon, Juanito - 12,272.00 h) Domingo, Salome - 24,544.00 i) Esguerra, Bonifacio - 21,476.00 j) Familiaran, Benjamin - 27,612.00 k) Gabucan, Amelia - 15,340.00 l) Ibardolaza, Hadjie - 21,476.00 m) Jores, Nelita - 18,408.00 n) Largadas, Mario - 9,204.00 o) Mitschek, Dexter - 33,748.00 p) Paquit, Edgar - 15,340.00 q) Panotes, Roel - 12,272.00 r) Pedrigosa, Lerma - 18,408.00 s) Pedrigosa, Liza - 18,408.00 t) Ulzoron, Yolanda - 9,204.00 u) Viguesilla, Edgardo - 21,476.00 v) Viray, Ruel - 9,204.00