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4.

LABOR DISPUTE - The test to whether a labor controversy comes within the definition of a labor dispute depends on whether it involves or concerns terms, conditions of employment or representation. - Any bona fide controversy concerning wage, hours or conditions of work or representation constitutes a labor dispute within the meaning of the Act. San Miguel Corporation Employees Union-PTGWO, et al. v. Hon. Jesus G. Bersamira, as Presiding Judge of Branch 166 RTC, Pasig and San Miguel Corporation Facts: SMC entered into contracts for merchandising services with Lipercon and DRite which are independent contractors duly licensed by the DOLE. The CBA between the parties provides that temporary, probationary, or contractual employees and workers are excluded from the bargaining unit and, therefore, outside the scope of this Agreement. Despite the provision, the Union advised SMC that some Lipercon and DRite workers had joined the union and should be treated as SMC employees. Not getting a favourable response from SMC, the Union filed a notice of strike for ULP.

Ruling: A labor dispute exists. The existence of a labor dispute is not negatived by the fact that the plaintiffs and defendants do not stand in the proximate relation of employer and employee. - At bottom, what the Union seeks is to regularize the status of the employees contracted by Lipercon and DRite and, in effect, that they be absorbed into the working unit of San Miguel. This matter definitely dwells on the working relationship between said employees vis-a-vis San Miguel. Terms, tenure and conditions of the employment and the arrangement of those terms are thus involved, bringing the matter within the purview of a labor dispute. 5. LABOR DISPUTES AND REMEDIES: A SUMMARY 5.1 Definition - Labor Dispute includes any matter or controversy concerning terms or conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. 5.2 Tests or Criteria of Labor Dispute - Nature: Dispute arises from employer-employee relationship, although disputants need not be proximately employee or employer of the other.

Subject matter: Dispute concerns (1) terms or conditions of employment; or (2) association or representation of persons in negotiating, fixing, maintaining, or changing terms or conditions of employment. 5.3 Kinds of Labor Dispute - A. Labor Standards Disputes: Compensation, Benefits, Working Conditions. (See p.23 of the book.) - B. Labor Relations Disputes: Organizational Right Dispute/ULP, Representation Disputes, Bargaining Disputes, Contract Administration or Personnel Policy Disputes, Employment Tenure Disputes. (See p.23 of the book.) 5.4 Remedies in Labor Disputes - Grievance Procedure, Conciliation, Mediation, Enforcement or compliance order, Certification of bargaining representatives, Arbitration (Voluntary and Compulsory), Assumption of jurisdiction, Certification to NLRC. (See pp.24-25 of the book.)