DIGEST San Miguel vs. Ople

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TERMINATION OF EMPLOYMENT

G.R. No. L-53515 February 8, 1989


SAN MIGUEL BREWERY SALES FORCE UNION (PTGWO), petitioner, vs.
HON. BLAS F. OPLE, as Minister of Labor and SAN MIGUEL CORPORATION, respondents.

FACTS:

A collective bargaining agreement was entered into by San Miguel Corporation Sales Force Union
(PTGWO) San Miguel Corporation. San Miguel Corporation introduced a marketing scheme known as the
"Complementary Distribution System" (CDS) whereby its beer products were offered for sale directly to
wholesalers through San Miguel's sales offices. The labor union filed a complaint for unfair labor practice in
the Ministry of Labor on the ground that the CDS was contrary to the existing marketing scheme whereby
the Route Salesmen were assigned specific territories within which to sell their stocks of beer, and
wholesalers had to buy beer products from them, not from the company. It was alleged that the new
marketing scheme violates Section 1, Article IV of the collective bargaining agreement, “Employees within
the appropriate bargaining unit shall be entitled to a basic monthly compensation plus commission based
on their respective sales” because the introduction of the CDS would reduce the take-home pay of the
salesmen and their truck helpers for the company would be unfairly competing with them.

ISSUE:

WON the new marketing scheme known as the Complementary Distribution System (CDS) is a
violation of the Collective Bargaining Agreement entered into by the labor union and San Miguel
Corporation?

RULING:

SC upheld the decision of the Minister of Labor dismissing the petition and ordered the
Management to pay an additional three (3) months back adjustment commissions over and above the
adjusted commission under the complementary distribution system.
SC will uphold the company's management prerogatives if exercised in good faith for the
advancement of the employer's interest and not for the purpose of defeating or circumventing the rights of
the employees under special laws or under valid agreements.
The establishment of the CDS was part of management’s plan to improve efficiency and economy
and at the same time gain profit to the highest. The Labor Union failed to consider the fact that corollary to
the adoption of the assailed marketing technique is the effort of the company to compensate whatever loss
the workers may suffer because of the new plan over and above than what has been provided in the
collective bargaining agreement.

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