MARCOPPER MINING vs.

NLRC

Marcopper Mining Corporation engaged in the business of mineral prospecting, exploration

and extraction.
The company agrees to grant general wage increase to all employees within the bargaining
unit (CBA with Mancopper Mining Union).
In the duration of the effect of the CBA, EO 178 was executed directing an increase in the
general wage of the employees.
The union asks their employer to give effect to the increase of wage as per the EO, but
Marcopper cites the CBA provision that this wage increase shall be exclusive of increase in
the minimum wage and/or mandatory living allowance that may be promulgated during the
life of this Agreement.

ISSUE: WON the stop-lock gate or non chargeability clause overshadow the provision of the EO.

RULING: NO. The wage/allowance granted under this accord cannot be credited to similar form of
benefit that may be thereafter ordained by the government through legislation. That the parties
therefore were consciously aware at the time of the conclusion of the agreement of the never-
ending rise in the cost of living is a logical corollary. And while this upward trend may not be a
welcome phenomenon, there was the intention to yield and comply in the event of an imposition.