FACTS:

The complainants in this case, Agapito Duro, Alfredo Torio, and Rustico Javillonar, were dismissed from their employment after their employer's application to terminate them was approved by the Secretary of Labor. The application for termination was based on alleged violations of company regulations, insubordination, and refusal to cooperate in a company investigation. The complainants had refused to comply with a change in the company's working schedule, which they argued violated the existing Collective Bargaining Agreement (CBA) between the parties. The dispute arose when the company changed the working schedule from Monday to Friday to Sunday through Thursday for the third shift employees. The complainants objected to the change and did not report for work on the newly scheduled days, resulting in their suspension. The Arbitrator initially ordered their reinstatement with backwages, but this decision was later modified by the Secretary of Labor, who awarded them separation pay instead.

ISSUES:

1. The main issue in this case is whether the complainants' refusal to comply with the new work schedule justified their valid dismissal from employment. The petitioner argues that the change in the working schedule was a violation of the CBA and that the dismissal of the complainants violated their rights under the 1973 Constitution.

RULING:

1. The court affirmed the decision of the Secretary of Labor and held that the petition had no merit. It was ruled that the company had the prerogative to change its working schedule as long as it was exercised in good faith and for the advancement of the employer's interest. The court further ruled that the complainants' refusal to comply with the new schedule did not amount to serious misconduct or willful disobedience. The court also noted that the incident occurred before the 1973 Constitution took effect, so there was no violation of the complainants' rights under the Constitution. The court declined to reinstate the complainants with backwages due to the long delay in resolving the case and the strained relations between the parties.

PRINCIPLES:

• Management has the prerogative to change the working hours of employees as long as it is done in good faith and for the advancement of the employer's interest.

• Provisions of the Constitution should be given prospective application unless the contrary is clearly intended.

• Reinstatement with backwages may not be feasible if there is a long delay in resolving a case and strained relations between the parties.