Arrieta Vs NLRC

ARRIETA VS NLRC
FACTS:
Petitioner Carmen Arrieta started in the employ of private respondent Central Negros Cooperative, Inc. (CENECO) on January
16, 1988 as Executive Secretary to the President and the Board of Directors, under the cooperatives 1987 plantilla with a
grade of 7-B and a basic monthly salary of P2,360.00.
On April 16, 1988, petitioner was appointed for an indefinite period to the Office of the Board of Directors as its Executive
Secretary under Grade 9 and Rank 9-B of the same plantilla, with a basic rate of P3,325.00.
On August 28, 1989, petitioner was detailed to the Engineering Department as its Secretary.
On April 19, 1991, petitioner was upgraded to Rank 9-1 and she started receiving a monthly salary of P4,947.00 (Basic
- P3,685.00; CBA - P900.00; Longevity - P250.00; Longevity Pay - P112.00).
On December 18, 1991, the Board of Directors of CENECO passed Resolution No. 5446 abolishing all positions in the
1987 plantilla and adopting a new plantilla submitted and proposed by CENECOs Steering Committee for Reorganization. The
reorganization was undertaken to streamline the cooperatives operation and to place the employees in proper positions or
groupings. The committee studied the possible reorganization of the cooperatives staffing pattern and assignment of
employees in accordance with their educational attainment, qualifications, aptitude and competence.
Under the new plantilla, the Office of the Board of Directors no longer had an Executive Secretary. What was provided for the
said office was a Secretary/Stenographer with the grade of 7-9 and an Assistant Secretary with the grade of 5-5. Only Senior
Linemen of CENECO were eligible to petitioners former rank of 9-1 under the new personnel setup of the cooperative.
Pursuant to the resolution of the Board, petitioner was permanently appointed as Secretary in the Engineering Department
effective December 1, 1991, with a new grade of 6-5 but with the same monthly rate of P4,947.00 (Basic - P3,243.80; CBA
- P900.00; Longevity Pay - P250.00; Holiday Pay - P112.00; Salary differential - P441.20). The grade of 6-5 was assigned to
all department secretaries of the cooperative and had a salary scale of P4,505.80 (Basic - P3,243.80; CBA - P900.00;
Longevity Pay - P250.00; Holiday Pay - P112.00).
Petitioner refused to accept her new grade assignment and signed her appointment under protest.
On January 24, 1992, she sent a letter to the General Manager of CENECO, private respondent Christopher Rios, demanding
that she be restored to her previous position of Executive Secretary with a rank of 9-1 and a salary rate of P3,325.00.
As the cooperative refused to accede to her demands, petitioner filed a complaint to compel private respondents to restore
her to her former position without loss of rank, grade or seniority rights.
 Petitioners assertion that she was demoted in rank is unmeritorious. Her alleged demotion from the rank of 9-B
(actually 9-1) to rank 6-5 is only a demotion in numbers or nomenclature. Petitioner may not compare the two
different ranks with each other as they belong to two different plantillas which have different sets of salary
allocations for each itemized positions. Hence, a lower grade or rank in the 1991 plantilla, as compared to the
1987 plantilla, may not necessarily mean a demotion, in the same manner that a designation of a higher
number, say 11, will not operate as a promotion with respect to an employee assigned to such grade or rank.
We find it hard to grant petitioners claims on the basis of her indefinite, if not absurd, demands. She asks for the
impossible in insisting that she be appointed as Executive Secretary with a grade of 9, rank of 9-B and a salary
of P3,325.00.
The fact that the title of Executive Secretary to the Board of Directors no longer exists as an itemized position in
the new plantilla is not disputed. And while the grade of 9-B was carried over into the new plantilla, such grade
does not anymore have the corresponding salary rate of P3,325.00. To order private respondents to appoint
petitioner to a position with a grade of 9-B, as prayed for, would not only cause conflicts and confusion in the
implementation of the new plantilla but also enable petitioner to get more than the P3,325.00 she is asking for.

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