SECOND DIVISION
[G.R. No. 138938. October 24, 2000]
CELESTINO
VIVIERO, petitioner,
vs. COURT
OF
APPEALS,
HAMMONIA MARINE SERVICES, and HANSEATIC SHIPPING
CO., LTD. respondents.
DECISION
BELLOSILLO, J.:
CELESTINO VIVERO, in this petition for review, seeks the reversal of the Decision
of the Court of Appeals of 26 May 1999 setting aside the Decision of the National Labor
Relations Commission of 28 May 1998 as well as its Resolution of 23 July 1998 denying
his motion for its reconsideration, and reinstating the decision of the Labor Arbiter of 21
January 1997.
Petitioner Vivero, a licensed seaman, is a member of the Associated Marine
Officers and Seamen's Union of the Philippines (AMOSUP).The Collective Bargaining
Agreement entered into by AMOSUP and private respondents provides, among others -
ARTICLE XII
GRIEVANCE PROCEDURE
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Sec. 3. A dispute or grievance arising in connection with the terms and provisions of
this Agreement shall be adjusted in accordance with the following procedure:
1. Any seaman who feels that he has been unjustly treated or even subjected to an
unfair consideration shall endeavor to have said grievance adjusted by the designated
representative of the unlicensed department abroad the vessel in the following
manner:
A. Presentation of the complaint to his immediate superior.
B. Appeal to the head of the department in which the seaman involved shall be
employed.