Monday, February 7, 2011

Pan American World Airways System Vs. Pan American Employees Association

G.R. No. L-16275 February 23, 1961

Facts:
The employees of Pan American World Airways System alleges that the company does not provide them of a one-hour break period. The employees were asked to wait in case of any emergencies while having their break or they will be reprimanded, thus the petition of the employees to ask the court for a proper compensation from the employers. The employees allege that the said one-hour break actually constitutes working over time.

Issue:
Whether or not the time given to the employees for break is considered an over time?

Held:
The Industrial Court's order for permanent adoption of a straight 8-hour shift including the meal period was but a consequence of its finding that the meal hour was not one of complete rest, but was actually a work hour, since for its duration, the laborers had to be on ready call. Of course, if the Company practices in this regard should be modified to afford the mechanics a real rest during that hour (f. ex., by installing an entirely different emergency crew, or any similar arrangement), then the modification of this part of the decision may be sought from the Court below. As things now stand, we see no warrant for altering the decision.

The judgment appealed from is affirmed. Costs against appellant.

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