Department of Public Services Labor Union vs Court Industrial Relations 1 SCRA 316

Facts

The petitioners sought for the implementation of RA 1880 which fixes the legal number of hours of labor in every government agency to 8 hours, 5 days a week for a total of 80 hours a week. They also pray for the recovery of an overtime pay before the court of Industrial Relations against the city mayor and the municipality board of the City of Manila. The respondent court filed a motion to dismiss on the ground that it has no jurisdiction over the petition that states no cause of action. The judge affirmed the dismissal of the petition. Their motion for reconsideration was denied hence this petition for review before the Supreme Court.

Issue

Whether or not the Court of Industrial Relations has jurisdiction over the petition?

Held

The Court of Industrial Relations has no jurisdiction over the petition. The petitioning union is composed of employees of the Department of Public Services of the City of Manila. The nature of their duties is one of governmental or public in character. The collection of garbage as the petitioners’ main duty is for the interest of health, safety and advancement of the public welfare. The rule is settled that in the performance of its governmental functions a local government unit is acting as an agent of the state and thus immune from suit unless it gives its consent to be sued. In the case at bar there is no showing that the government has given its consent to be sued. The Executive Order No. 251 provides for the implementing guidelines of the law sought to be enforced by the petitioners whereby a proviso thereof provides that in the exigencies of public service may require the department head of any governmental office may extend the daily hours of labor of employees under him and may require them to work overtime not only on work days but also on holidays. As for the compensation they pray for as an overtime pay, section 259 of the Revised Administrative Code provides that regular and permanent civil service servants whose salary are fixed by law or regulation shall not receive any additional compensation for overtime work in the absence of provisions allowing the payment thereof. It follows that petitioners are government employees appointed under the Civil Service Law whose salaries are fixed by law or ordinance cannot claim for an overtime pay. Moreover, the 8-hour labor law only applies to employment industry or occupation performed by profits.