Brotherhood Labor Unity Movement of the Philippines vs.

Zamora, 147 SCRA 49, January 07, 1987

FACTS:

The petitioners are workers who have been employed at the San Miguel Parola Glass Factory as
“pahinantes” or “kargadors” for almost seven years. They worked exclusively at the SMC plant, never
having been assigned to other companies or departments of San Miguel Corp, even when the volume of
work was at its minimum. Their work was neither regular nor continuous, depending on the volume of
bottles to be loaded and unloaded, as well as the business activity of the company. However, work
exceeded the eight-hour day and sometimes, necessitated work on Sundays and holidays. -for this, they
were neither paid overtime nor compensation. Sometime in 1969, the workers organized and affiliated
themselves with Brotherhood Labor Unity Movement (BLUM). They wanted to be paid to overtime and
holiday pay. They pressed the SMC management to hear their grievances. BLUM filed a notice of strike
with the Bureau of Labor Relations in connection with the dismissal of some of its members. San Miguel
refused to bargain with the union alleging that the workers are not their employees but the employees of
an independent labor contracting firm, Guaranteed Labor Contractor. The workers were then dismissed
from their jobs and denied entrance to the glass factory despite their regularly reporting for work. A
complaint was filed for illegal dismissal and unfair labor practices.

ISSUE:

Whether or not there was employer-employee (ER-EE) relationship between the workers and San Miguel
Corporation.

HELD: