October 23 2019
Executive Labor Arbiter Rhett Julius J. Plagata of the Ninth Regional Arbitration Branch of the National Labor Relations Commission (NLRC) in Zamboanga City dismissed for lack of merit the regularization complaint with money claims filed by three (3) RGMA Network, Inc. (RGMA) technicians against GMA Network (GMA) and RGMA.
The complainants stated that they were hired by the respondents to work at the TV transmitter relay stations of GMA, under its subsidiary RGMA. They pointed out that they do not enjoy the benefits granted to regular employees of GMA based on the Collective Bargaining Agreements (CBA) between GMA and the GMA Employees Union which include provisions on salary increases, signing bonus, longevity premium pay, rice provision, and sick leave benefits.
On the other hand, RGMA and GMA entered into a Provincial TV Relay Management Agreement where the former undertook to operate its television facilities. Under the agreement, RGMA is bound to employ the services of its technicians and assign them to operate the television facilities from sign on to sign off and man the same for 24 hours.
The said agreement also made it clear that the employees of RGMA are not considered in any manner as employees or personnel of GMA.
The complainants’ principal claim for regularization with GMA was denied since their employer is RGMA, which is engaged in a legitimate job contracting as determined by the labor arbiter.