Mauricio Law Office for private respondents. Is there an employer-employee relationship between a security agency and its security guards?
Assistant Office of the Pres. Facts Company went into a contract with Marine Security Agency to guard their vessels in the port. Contract was for 1 year and may only be terminated by either party upon 30 days notice. The arrangement was that Marine Security Agency would hire and assign the guards, lump sum given to agency who in turn determined the compensation of the individual watchmen.
Contract was terminated and they executed a new contract with the Phil.
Scout Veterans Security and Investigation Agency. Union abolished themselves due to termination of contract, inability of Agency to provide employment and inability of members and Union to provide maintenance.
Respondents claim that that the termination of the contract was primarily because of misunderstanding that had intervened between the APL represented by your Capt.
Tinsay, operator of said watchmens agency, and that the operator of the Marine Security Agency then allegedly threatened to cause trouble to the APL, and particularly to Capt. Union soon passed reso reviving itself.
Their complaint, wherein they charged that the petitioner had refused to negotiate an agreement with them and had discriminated against them with regard to their tenure of employment by dismissing them on January 1,for no other reason than their membership with the union and union activities, was lodged with the defunct Court of Industrial Relations.
WON there existed an employer-employee relationship between the petitioner and the individual watchmen of the Marine Security Agency who are alleged to be members of the respondent union? Complaint for ULP dismissed. To determine the existence of ER-EE rel: It is the agency that recruits, hires, and assigns the work of its watchmen.
Hence, a watchman can not perform any security service for the petitioners vessels unless the agency first accepts him as its watchman. With respect to his wages, the amount to be paid to a security guard is beyond the power of the petitioner to determine.
Also no power to dismiss can ask to change guard but agency still has final say and contract has clearly endedIt necessarily follows that petitioner cannot be guilty of ULP as charged by the private respondents.
Under RASec. If respondent union felt aggrieved by the unfair labor practice it had imputed to the petitioner, why did it abolish itself? Instead of putting an end to its own existence, why did it not prosecute its charge with dispatch considering that an unfair labor practice by an employer is an affront against the very integrity and existence of a union?
What is worse is that in its resolution of abolition, the respondent union confessed that it is the Marine Security Agency that provided employment to its members. To Our minds, there can be no clearer proof that such an admission that it is indeed the agency, not the petitioner, that is the employer of its watchmen.g.r.
no. l june 29, - american president lines v. jacobo c. clave, et al.: chan robles virtual law library: philippine supreme court decisions - on-line. American President Lines v.
Hon. Jacobo Clave (Pres. Exec. Assistant Office of the Pres.), NLRC, Ministry of Labor, Maritime Security Union, Indiv. Complainnats headed by. We would like to show you a description here but the site won’t allow us. SECOND DIVISION AMERICAN PRESIDENT LINES, Petitioner, -versus- G.R.
Republic of the Philippines SUPREME COURT Manila SECOND DIVISION G.R. No. August 30, EVELYN CHUA-QUA, petitioner, vs. HON. JACOBO C. CLAVE, in his capacity as Presidential Executive Assistant, and TAY TUNG HIGH SCHOOL, INC., respondents. William C. Gunitang and Jaime Opinion for petitioner. Laogan Law Offices for private respondent. Sep 06, · American President Lines, Ltd. provides container transportation and logistics services. American President Lines, Ltd. was formerly known as Dollar Location: North Scottsdale Road Suite Scottsdale, AZ United States. American President Lines Ltd. (APL) is the world's fifth-largest container transportation and shipping company, providing services to more than countries through a network combining intermodal freight transport operations with IT and e-commerce.
L June 29, HONORABLE JACOBO C. CLAVE, in his capacity as Presidential Executive Assistant in representation of the Office of the President, THE NATIONAL Union vs. United States Lines, Phil.
, is unavailing.
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