(1.) San Miguel Brewery Sales Force Union (Digest)

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San Miguel Brewery Sales Force Union(PTGWO) vs. Hon.

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

FACTS:

For 3 years, a collective bargaining agreement was being im


plemented by San Miguel Corporation Sales Force Union (PTGW
O), and San Miguel Corporation. Section 1, of Article IV of
which provided “Employees within the appropriate bargainin
g unit shall be entitled to a basic monthly compensation pl
us commission based on their respective sales.”

Then, the company introduced a marketing scheme known as “C


omplementary Distribution System”(CDS) whereby its beer products
were offered for sale directly to wholesalers through San Migue
l’s Sales Offices.

The union alleged that the new marketing scheme violates Se


c 1, Art IV of the CBA because the introduction of the CDS would
reduce the take home pay of the salesmen.

ISSUE:

Whether or not the new marketing scheme should be upheld co


nsidering that the act was unilaterally made by the employer.

RULING:

Yes, because it is a valid exercise of managerial prerogati


ve. So long as a company’s management prerogatives are exercised
in good faith for the advancement of the employer’s interest an
d not for the purpose of defeating or circumventing the rights o
f the employees under special laws or under valid agreements, th
is Court will uphold them. San Miguel Corporation’s offer to com
pensate the members of its sales force who will be adversely aff
ected by the implementation of the CDS by paying them a so-
called “back adjustment commission” to make up for the commissio
ns they might lose as a result of the CDS proves the company’s g
ood faith and lack of intention to bust their union.

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