NLRC orders: Casureco II to pay P8.7 M to 20 dismissed workers

By Paolo Gabriel Jamer

The National Labor Relations Commission (NLRC) Sub-Regional Arbitration Branch V in Naga City has awarded 20 dismissed workers of the Casureco II Technical and General Services Workers Union-DIALOGWU the amount of P8,672,892.96 in backwages, service incentive leave pay (SILP), holiday pay, and 13th month pay.

The joint decision in NLRC Cases No. SRABV-03-00062-19 (R-07-21) and SRABV-03-00063-19 (R-07-21) issued on Jan. 10, 2022 by Jose C. Del Valle Jr., NLRC executive labor arbiter, also ordered the Camarines Sur II Electric Cooperative II (Casureco II) to immediately reinstate the dismissed workers.

The dismissed workers awarded their claims by NLRC were Casureco II meter readers, disconnectors, bill distributors, janitorial, and messengerial services personnel. They are: Arnold B. Pequeño (P606,666.57); Dax L. Sanchez (P720,416.57); Crestopher P. Labay (P682,500.00); Raymundo B. Nacario (P644,583.43); Leonard T. Ela II (P265,416.57); Erick M. Salvino (P568,750.00); Noel B. Teope (P568,750.00); Dharyl P. Buela (P379,860.00); Elmer C. Falabi (P455,000.00); Arthur R. Montaña (P474,662.00);

Gorgonio A. Peconcillo Jr. (P482,537.50); Roger A. Bracia (P482,537.50); Melecio T. Coronel Jr. (P379,166.57); Randy A. Solis (P287,535.00); Bernabe N. Olabiaga (P236,835.75); Gary T. Aypa, Jiny T. Azuela, Eduardo S. Catimbang, Noli M. Deo, and Benjamin Franklin S. Araguirang --- P287,535.00 each.

As this developed, lawyer Jake Rupert T. Tabora, Casureco II legal counsel, on Feb. 22, 2022, filed a motion to suspend reinstatement pending approval of the National Electrification Administration (NEA) of additional plantilla positions and supplemental budget for the dismissed workers.

Jose P. Dialogo Jr., a labor leader and the workers’ legal representative, opposed Casureco II’s motion saying that Section 12 of Rule XI of the 2011 NLRC rules of Procedure as amended, provides that “In case the decision includes an order of reinstatement, and the employer disobeys the directive under the second paragraph of Section 18 of Rule V or refuses to reinstate the dismissed employee, the Labor Arbiter shall immediately issue writ of execution, even pending appeal, directing the employer to immediately reinstate the dismissed employee either physically or in payroll, and to pay the accrued salaries as a consequence of such non-reinstatement in the amount specified in the decision.”

He added that if Casureco II disobeys the NLRC order, it may be cited for contempt pursuant to Rule IX of the 2011 NLRC Rules of Procedure.

Dialogo said that if Casureco II cannot immediately reinstate his clients physically, then reinstatement under payroll will do pending appeal.