Cfi issued an injunction ordering the union to desist

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Unformatted text preview: authority
to
act
in
the
interest
of
his
employer
and
 Lalay
Abala.
ALS2014B.
Labor
II.
 6. whether
 such
 authority
 is
 not
 merely
 routinary
 or
 clerical
 in
 nature,
 but
requires
the
use
of
independent
judgment
 • The
 fact
 alone
 that
 a
 supervisor
 makes
 recommendations
 as
 to
 what
 managerial
 actions
 to
 take
 in
 disciplinary
 cases
 by
 itself
 does
 not
 make
 one
 a
 managerial
 employee.
 It
 is
 more
 a
 question
 of
 how
 effective
the
recommendation
is
 • It
is
the
nature
of
an
employee’s
functions
and
not
the
nomenclature
 or
title
given
to
his
job
which
determines
whether
he
has
a
rank‐and‐ file
or
managerial
rank.
 • Among
the
characteristics
of
managerial
rank
are
–
 o He
 is
 not
 subject
 to
 the
 rigid
 observance
 of
 regular
 office
 hours
 o His
 work
 requires
 the
 consistent
 exercise
 of
 discretion
 and
 judgment
in
its
performance
 o Output
 produced
 or
 the
 result
 accomplished
 can’t
 be
 standardized
in
relation
to
a
given
period
of
time
 o He
 manages
 and
 customarily
 recognized
 department
 or
 subdivision
 of
 the
 establishment,
 customarily
 and
 regularly
 directing
the
work
of
other
employees
there
 o He
 either
 has
 the
 authority
 to
 hire
 or
 discharge
 other
 employees
 or
 his
 suggestions
 and
 recommendations
 as
 to
 hiring
 and
 discharging,
 advancement
 and
 promotion
 or
 other
 change
 of
 status
 of
 other
 employees
 are
 given
 particular
weight
 o He
 is
 not
 paid
 hourly
 wages
 nor
 subjected
 to
 maximum
 hours
of
work
 • The
power
to
recommend
 o The
power
to
recommend,
in
order
to
qualify
an
employee
as
 a
 supervisor,
 must
 not
 only
 be
 effective
 but
 should
 require
 the
use
of
independent
judgment.
It
should
not
be
merely
of
 a
 routinary
 or
 clerical
 nature.
 (bakit
 paulit­ulit
 yung
 libro?!
 Haha.
Lol.
Hi.
)
 • Examples
of
ineffective
or
clerical
recommendation
 • Managers
or
supervisors:
under
the
ILO
Convention
 o It
is
not
necessarily
incompatible
with
the
ILO
Convention
on
 Freedom
 of
 Association
 to
 deny
 managerial
 or
 supervisory
 employees
 the
 right
 to
 belong
 to
 the
 same
 trade
 union
 as
 other
workers,
provided
that
2
conditions
are
met
–
 Such
 workers
 have
 the
 right
 to
 form
 their
 own
 association
to
defend
their
interest
 Categories
 of
 such
 staff
 are
 not
 defined
 so
 broadly
 as
 to
 weaken
 the
 organization
 of
 other
 workers
 in
 the
 enterprise
 or
 branch
 of
 activity
 by
 depriving
 them
 of
 a
 substantial
 portion
 of
 their
 present
 or
 potential
membership
 Segregation
of
rank­and­file
and
supervisors
 • Supervisory
 employees
 may
 form,
 join
 or
 assist
 separate
 labor
 organizations
of
their
own,
but
they
are
not
eligible
for
membership
in
 a
 labor
 organization
 of
 the
 rank‐and‐file
 employees.
 Neither
 may
 a
 rank‐and‐file
join
a
union
of
supervisors
 53
 The
 above
 policy
 is
 founded
 on
 fairness
 to
 the
 employer
 and
 employees.
 It
 will
 be
 doubly
 detrimental
 to
 the
 employer
 if
 the
 supervisors
 and
 rank‐and‐file,
 as
 members
 of
 only
 one
 union,
 could
 take
a
common
stand
against
the
employer
 • Effects
of
having
mixed
membership
 o Jurisprudence:
 to
 enforce
 the
 segregation,
 a
 union
 with
 commingled
 membership
 was
 not
 a
 legitimate
 labor
 organization
 o Nevertheless:
 Article
 245‐A,
 as
 amended,
 states
 that
 employees
 that
 should
 not
 have
 been
 included
 in
 membership
 are
 automatically
 deemed
 removed
 from
 the
 list
of
membership
 • Affiliation
of
supervisors
and
rank­and­file
unions
 o Before,
unions
in
the
same
enterprise
could
not
 affiliate
with
 the
same
federation
because
to
allow
it
would
be
an
indirect
 violation
of
the
segregation
rule
 o Now,
they
can.
 Confidential
employees
 • Article
245
does
not
mention
confidential
employees
at
all;
under
said
 article,
 therefore,
 confidential
 employees
 do
 not
 constitute
 a
...
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This document was uploaded on 03/11/2014.

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