San Miguel Union vs. Bersamira Digest

Labor Dispute SAN MIGUEL CORPORATION EMPLOYEES UNION-PTGWO, DANIEL S.L. BORBON II, HERMINIA REYES, MARCELA PURIFICACION, ET AL., petitioners, vs. HON. JESUS G. BERSAMIRA, IN HIS CAPACITY AS PRESIDING JUDGE OF BRANCH 166, RTC, PASIG, and SAN MIGUEL CORPORATION, respondents. 186 SCRA 496 | G.R. No. 87700 June 13, 1990 Ponente: Melencio-Herrera, J.

NATURE OF CASE Writ of Certiorari BRIEF Before the Court is an appeal from the Decision of RTC Branch 166 of Pasig where the petitioners’ plea is that the Writ of Preliminary Injunction was issued without or in excess of jurisdiction and with grave abuse of discretion, a labor dispute being involved.

Later on, San Miguel executed a CBA which specifically provides that “temporary, probationary, or contract employees and workers are excluded from the bargaining unit and therefore, outside the scope of this Agreement.” The Union, petitioner, advised San Miguel that some of the workers of Lipercon and D’Rite had signed up for union membership and sought regularization. The Union alleged that some the workers have been continuously working for San Miguel for a period ranging from 6 months to 15 years, and that the nature of their work is neither casual nor seasonal. Strikes were held and a series of pickets were held for the reason that the Union failed to receive any favourable response from San Miguel. Thereafter, San Miguel filed a complaint for Injunction and Damages before the RTC of Pasig to enjoin the Union to prevent the peaceful and normal operations of the former. The Union filed a Motion to Dismiss but was subsequently denied by the RTC reasoning that the absence of employer-employee relationship negates the existence of labor dispute. Thus, the RTC issued Orders enjoining the Union from commiting acts that disrupt the operations of San Miguel. ISSUE/s of the CASE Whether or not there is a labor dispute between San Miguel and the Union? ACTION OF THE COURT SC: The decision of the RTC is SET ASIDE. COURT RATIONALE ON THE ABOVE CASE

FACTS San Miguel Corporation entered into contracts for merchandising services with Lipercon and D’Rite companies, both independent contractors duly licensed by DOLE, to maintain its competitive position, and in keeping with the imperatives of efficiency, business expansion and diversity of operation. In the contracts, it was expressly agreed that the workers employed by the contractors were not to be deemed employees or agents of San Miguel. Thus, no employer-employee relationship.

A labor dispute includes any controvery or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing, or arranging the terms and conditions or employment, regardless of whether the disputants stand in the proximate relation of employer and employee. What the Union seeks is to regularize the status of the employees contracted by Liparcon and D’Rite and that they be absorbed into the working unit of San Miguel. In this wise, the matter dwells on the working relationship between the said employees and San Miguel. Terms, tenure and conditions of their employment and the arrangement of those terms are thus involved bringing the

matter within the purview of a labor dispute. Further, the Union also seeks to represent the workers, who have signed for union membership, for the purpose of collecting bargaining. Obvious then is that representation and association, for the purpose of negotiating the conditions of employment are also involved. In fact, the injunction sought by San Miguel was precisely also to prevent such representation. Again, the matter of representation falls squarely within the ambit of a labor dispute. As the case is indisputably linked with a labor dispute, jurisdiction belongs to labor tribunals. SUPREME COURT RULING WHEREFORE, the Writ of Certiorari is GRANTED. The Orders of the Regional Trial Court of Pasig is SET ASIDE.