Companyalso claims that it wasnt their fault that no

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Unformatted text preview: of
 managerial
 employees
 to
 join
 any
 labor
 organization;
 right
 of
 supervisory
employees.
 Article
245­A.
Effect
of
inclusion
as
members
of
employees
outside
the
bargaining
unit.
 1. Categories
of
employees
 • Managerial
 • Supervisory
 o Although
 supervisory
 employees
 shall
 not
 be
 eligible
 for
 membership
 in
 a
 labor
 organization
 of
 the
 rank‐and‐file
 employees,
they
may,
 however,
join,
assist,
or
form
separate
 labor
organizations
of
their
own
 • Rank‐and‐file
 51
 2. Ineligibility
of
managers
 • Types
of
managerial
employees
 o Manager
 refers
 to
 anyone
 who
 is
 responsible
 for
 subordinates
and
other
organizational
resources.
 o As
a
class,
they
constitute
3
levels
of
pyramid
–
 First‐line
 managers
 –
 lowest
 level
 in
 an
 organization
 at
 which
 individuals
 are
 responsible
 for
the
work
of
others
 They
 direct
 operating
 employees
 only;
 they
do
not
supervise
other
managers
 Often
called
supervisors
 Example:
foreman
 Middle
managers
 –
refer
to
more
than
one
level
in
 an
organization
 They
 direct
 the
 activities
 of
 other
 managers
 and
 sometimes
 also
 those
 of
 operating
employees
 Principal
responsibilities
are
to
direct
the
 activities
 that
 implement
 their
 organizations’
policies
and
to
balance
the
 demands
 of
 their
 superiors
 with
 the
 capacities
of
their
subordinates
 Top
 managers
 –
 comparatively
 small
 group
 of
 executives,
 top
 management
 is
 responsible
 for
 the
 overall
management
of
the
organization
 Establishes
 operating
 policies
 and
 guides
 the
 organization’s
 interactions
 with
 its
 environment
 Example:
CEO,
President
 o A
distinction
exists
between
–
 Those
who
have
the
authority
to
devise,
implement
 and
 control
 strategic
 and
 operational
 policies
 (top
 and
middle
managers)
 Those
 whose
 task
 is
 simply
 to
 ensure
 that
 such
 policies
 are
 carried
 out
 by
 the
 rank‐and‐file
 employees
 of
 an
 organization
 (first‐level
 managers/supervisors);
 what
 distinguishes them
 from
 the
 rank‐and‐file
 is
 that
 they
 act
 in
 the
 interest
 of
 the
 employer
 in
 supervising
 such
 rank‐ and‐file
employees
 o Managerial
 employees
 may
 be
 said
 to
 fall
 into
 2
 distinct
 categories:
the
managers
per
se
and
the
supervisors
 o (Pepsi‐Cola
case:
Route
managers
are
managerial
employees
 because
 they
 are
 responsible
 for
 the
 success
 of
 the
 company’s
 main
 line
 of
 business
 through
 management
 of
 their
respective
sales
teams)
 • Constitutionality
of
the
prohibition
 o Whether
 or
 not
 the
 provision
 prohibiting
 managerial
 employees
 from
 forming,
 assisting
 or
 joining
 any
 labor
 organization
is
constitutional?
Yes.
 Lalay
Abala.
ALS2014B.
Labor
II.
 United
Pepsi­cola
Supervisory
Union
v.
Laguesma
 The
 right
 guaranteed
 by
 Article
 III,
 Section
 8
 of
 the
 Constitution
 is
 subject
 to
 the
 condition
 that
 its
 exercise
 should
 be
 for
 purposes
 “not
 contrary
 to
 law”.
 There
 is
 a
 rational
 basis
 for
 prohibiting
 managerial
employees
from
forming
or
joining
labor
 organizations:
if
these
managerial
employees
would
 belong
 to
 or
 be
 affiliated
 with
 a
 Union,
 the
 latter
 might
not
be
assured
of
their
loyalty
to
the
union
in
 view
 of
 evident
 conflict
 of
 interests.
 The
 Union
 can
 also
 become
 company­dominated
 with
 the
 presence
 of
managerial
employees
in
Union
membership.

 o After
 all,
 those
 who
 qualify
 as
 top
 or
 middle
 managers
 are
 executives
 who
 receive
 from
 their
 employers
 information
 that
 not
 only
 is
 confidential
 but
 also
 is
 not
 generally
 available
 to
 the
 public,
 or
 to
 their
 competitors,
 or
 to
 other
 employees
 • Other
opinions
 o Chief
 Justice
 Davide:
 while
 he
 agrees
 that
 the
 route
 managers
 are
 managerial
 employees,
 he
 believes,
 citing
 Concom
deliberations,
that
Article
245
is
unconstitutional
 o Justice
 Puno:
 debates
 and
 proceedings
 of
 the
 Constitutional
 Convention
are
never
of
binding
force.
They
may
be
valuable
 but
are
not
necessarily
decisive
 Article
 245
 does
 not
 absolutely
 disqualify
 managerial
 employees
 from
 exercising...
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This document was uploaded on 03/11/2014.

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