Respondent Malondras was not, however, included in this report as his daily time sheets were not then available. Subsequently, on April 30, 1958, the court examiner submitted his second partial report covering the period from Januto December 31, 1956, again giving each crewman an average of five (5) overtime hours each day. 1058-V, including herein respondent Dominador Malondras, rendered an average overtime service of five (5) hours each day for the period aforementioned, and upon approval of the report by the Court, all the claimants, including Malondras, were paid their overtime compensation by the NASSCO. In said report, the examiner found that the petitioners in Case No. On February 14, 1958, the court examiner submitted his report covering the period from January 1 to December 31, 1957. Pursuant to the above stipulation, the Industrial Court, on November 22, 1957, issued an order directing the court examiner to compute the overtime compensation due the claimants. The petitioners are paid by the respondent their regular salaries and subsistence allowance, without additional compensation for overtime work That to meet the exigencies of the service in the performance of the above work, petitioners have to work when so required in excess of eight (8) hours a day and/or during Sundays and legal holidays (actual overtime service is subject to determination on the basis of the logbook of the vessels, time sheets and other pertinent records of the respondent).Ħ. In the course of the proceeding, the parties entered into a stipulation of facts wherein the NASSCO recognized and admitted -Ĥ. On April 15, 1957, 39 crew members of petitioner's tugboat service, including therein respondent Dominador Malondras, filed with the Industrial Court a complaint for the payment of overtime compensation (Case No. However, upon prior authority of their superior officers, they may leave their barges when said barges are idle. In order that its bargeman could immediately be called to duty whenever their services are needed, they are required to stay in their respective barges, for which reason they are given living quarters therein as well as subsistence allowance of P1.50 per day during the time they are on board. The petitioner NASSCO, a government-owned and controlled corporation, is the owner of several barges and tugboats used in the transportation of cargoes and personnel in connection with its business of shipbuilding and repair. Petition filed by the National Shipyards and Steel Corporation (otherwise known as the NASSCO) to review certain orders of the respondent Court of Industrial Relations requiring it to pay its bargeman Dominador Malondras overtime service of 16 hours a day for a period from Januto December 31, 1956, and from Januto April 30, 1957, inclusive. Calanog for respondent Dominador Malondras. NATIONAL SHIPYARDS AND STEEL CORPORATION, petitioner,ĬOURT OF INDUSTRIAL RELATIONS and DOMINADOR MALONDRAS, respondents.
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