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PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. 174179 : November 16, 2011]

KAISAHAN AT KAPATIRAN NG MGA MANGGAGAWA AT KAWANI SA MWC-EAST ZONE UNION AND EDUARDO BORELA, REPRESENTING ITS MEMBERS, PETITIONERS, VS. MANILA WATER COMPANY, INC., RESPONDENT.

D E C I S I O N


BRION, J.:

We resolve the petition for review on certiorari1 filed by the petitioners, Kaisahan at Kapatiran ng mga Manggagawa at Kawani sa MWC-East Zone Union (Union) and Eduardo Borela, assailing the decision2 and the resolution3 of the Court of Appeals (CA) in CA-G.R. SP No. 83654.4

The Factual Antecedents

The background facts are not disputed and are summarized below.

The Union is the duly-recognized bargaining agent of the rank-and-file employees of the respondent Manila Water Company, Inc. (Company) while Borela is the Union President.5 On February 21, 1997, the Metropolitan Waterworks and Sewerage System (MWSS) entered into a Concession Agreement (Agreement) with the Company to privatize the operations of the MWSS.6  Article 6.1.3 of the Agreement provides that the Concessionaire shall grant [its] employees benefits no less favorable than those granted to MWSS employees at the time of [their] separation from MWSS.
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