Labor Dispute
temporary, probationary, or contract employees and workers are excluded from
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.
FACTS
San Miguel Corporation entered into contracts for merchandising services with
Lipercon and DRite 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.
Later on, San Miguel executed a CBA which specifically provides that
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 DRite 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
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 DRite 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.