Cosmos workers’ union asks court to junk Coca-Cola injunction case

The Cosmos Visayas Bottlers, Inc.- Cebu Plant Employees Union has asked the Regional Trial Court to stop recognizing the injunction case filed by Coca-Cola Bottlers Philippines, Incorporated against the group.

In a motion to dismiss filed before the sala of RTC Judge Simeon Dumdum, the union argued that the court has no jurisdiction over the case since it arose out of a labor dispute.

The union cited the complaint it filed against Cosmos before the Regional Adjudication Board of the National Labor Relations Commission accusing the company of interfering, restraining or coercing employees from exercising their right to self-organization, and protection from union busting and illegal termination.

The union also asserted that, contrary to the contention of Coca-Cola, there exists an employer-employee relationship between Coca-Cola and the members of the labor union of Cosmos.

The union said that when a corporate separation occurred between San Miguel Corporation and Coca-Cola in March 2007, the latter acquired Cosmos as a subsidiary corporation. Since then the operations of Cosmos were under the control and supervision of Coca-Cola, it said.

“All employees of Cosmos including the employee-members of the defendant union were considered by the plaintiff as its employees, they were in fact required by the plaintiff to wear its employee’s uniform,” the union said.

The union alleged that Coca-Cola, under the guise of consolidating the operation of Cosmos with its operation, closed the Cosmos plant with the assurance that there would be no interruption in the employment of the latter company’s workers. The employees were however dismissed from service later on.

In its complaint at the NLRC, the union demanded the reinstatement of workers and for the company to respect the 2005 agreement, which states, among others, that management inform the union of any change a month before it is enforce.

Dumdum, after a summary hearing of the injunction case yesterday, is expected today to issue his ruling over Coca-Cola request for the issuance of a temporary restraining order or a writ of preliminary injunction to stop the labor union from holding a picket outside the Coca-Cola plant in Mandaue City.

Coca-Cola contended that the picket should be restrained otherwise it “will consequently cause grave and irreparable damage to (the company) in terms of unrealized income, un-recovered investments and blemished goodwill, reputation, and business credit.”

Coca-Cola specifically asked the court to enjoin the union from staging protest actions at its sales office in Banawa, Cebu City and from blocking or obstructing the ingress to and egress from its Mandaue City plant.

Coca-Cola further asked the court to enjoin the union from preventing or obstructing its employees and personnel, guests and visitors, delivery trucks and other vehicles, goods and products, and contractors and suppliers from entering or leaving the company’s plant and sales office.

Coca-Cola said the court must prevent the defendant from threatening or intimidating any person entering or leaving its plant and office, and from disrupting the company’s normal business operations.

The argument of Coca-Cola is that the officers and members of the labor union and their agents and representatives are not employees of Coca-Cola but of Cosmos, which is a company “separate and distinct from CCBPI,” and that the existing collective bargaining agreement is only between the union and Cosmos.

Cosmos, now a subsidiary of Coca-Cola, terminated its 142 workers earlier this month for economic reasons, an order that was said to take effect on October 15 but stopped them from reporting to work beginning September 5.

Cosmos, manufacturer of Jaz and Sparkle colas, was once owned by former Iloilo congressman Augusto Cejoco but was bought by the Concepcion family in the 1990s then by San Miguel Corporation in 2001. Today, it is the subsidiary of Coca-Cola. — Joeberth M. Ocao/RAE