Arica v NLRC Date: February 28, 1989 Ponente: Paras Facts: Arica and others filed a complaint against

t STANF !"# $Standard Phil% Fruits "orp%& regarding their assembly time, and a'ard of moral damages and attorney(s fees% o They contend that the preliminary acti)ities as 'or*ers of STANF !"# in the assembly area is compensable as 'or*ing time $+,-./0,.. am& since these preliminary acti)ities are necessarily and primarily for pri)ate respondent(s benefit% First there is the roll call% This is follo'ed by getting their indi)idual 'or* assignments from the foreman% Thereafter, they are indi)idually re1uired to accomplish the !aborer(s 2aily Accomplishment 3eport during 'hich they are often made to e4plain about their reported accomplishment the follo'ing day% Then they go to the stoc*room to get the 'or*ing materials, tools and e1uipment% !astly, they tra)el to the field bringing 'ith them their tools, e1uipment and materials% !A dismissed the complaint% t held that the -./minute assembly time cannot be compensated because it cannot be considered 'aiting time or 'or* time% According to !A, this ruling has become the la' of the case 'hich can no longer be disturbed 'ithout doing )iolence to the time/ honored principle of res-judicata. N!3" affirmed !A% 53 denied% STANF !"#, nstant complaint is not ne' $i%e% ruling in Associated Labor Union v STANFILCO)%

Issues: 1% 6#N -./minute assembly time is compensable under the !abor "ode 2% 6#N N!3" committed gra)e abuse of discretion Held, No $for both&% Ratio: Associated Labor Union v STANFILCO (Citing Minister o Labor ! "#as O$#e), 7The thirty minute assembly time long practiced and institutionali8ed by mutual consent of the parties under Article 9, Section -, of the "ollecti)e :argaining Agreement cannot be considered as 'aiting time 'ithin the pur)ie' of Section +, 3ule , :oo* of the 3ules and 3egulations mplementing the !abor "ode% Said time is a deeply/ rooted, routinary practice of the employees, and the proceedings attendant thereto are not infected 'ith comple4ities as to depri)e the 'or*ers the time to attend to other personal pursuits% Also, employees are not sub;ect to the absolute control of the company during this period, other'ise, their failure to report in the assembly time 'ould ;ustify the company to impose disciplinary measures% This, therefore, demonstrates the indubitable fact that the -./minute assembly time 'as not primarily intended for the interests of the employer, but ultimately for the employees to indicate their a)ailability or non/a)ailability for 'or* during e)ery 'or*ing day%< N!3" cannot be faulted for ruling that petitioners( claim is already barred by res-judicata. The non/ compensability of the claim ha)ing been earlier established $i%e% pre)ious case&, constitute the controlling legal rule or decision bet'een the parties and remains to be the #a% o t&e case ma*ing this petition 'ithout merit% 5oreo)er, as a rule, the findings of facts of 1uasi/;udicial agencies 'hich ha)e ac1uired e4pertise because their ;urisdiction is confined to specific matters are accorded not only respect but at times e)en finality if such findings are supported by substantial e)idence Dispositive: P3=5 S=S "#NS 2=3=2, the petition is 2 S5 SS=2 for lac* of merit and the decision of the National !abor 3elations "ommission is AFF 35=2% Sarmiento (Dissenting), >3ANT T?= P=T T #N% 3es ;udicata is not a bar% ALU v STANFILCO is not a controlling precedent% t is e)ident that the #ple decision 'as predicated on the absence of any insinuation of obligatoriness in the course or after the assembly acti)ities on the part of the employees% They are not sub;ect to the absolute control of the company during this period, other'ise, their failure to report in the assembly time 'ould ;ustify the company to impose disciplinary measures% As indicated, ho'e)er, by the petitioners in the instant case, things had since changed $for these substantial changes, see @ preliminary acti)ities abo)e&, and the latter had since been placed under a number of restrictions% 5y considered opinion is that the thirty/minute assembly time had become, in truth and fact, a A'aiting timeA as contemplated by the !abor "odeB hence, compensable%