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Unformatted text preview: their
 right
 of
association.
What
it
prohibits
is
merely
the
right
 to
join
labor
organizations
 Managerial
 employees
 may
 form
 associations
 or
 organizations
 so
 long
 as
 they
 are
 not
 labor
 organizations
 o Justice
 Vitug:
 partially
 agrees
 with
 Puno
 that
 it’s
 not
 unconstitutional.
But
to
his
mind,
the
route
managers
are
not
 managerial
employees;
they
are
supervisors
 o Azucena:
 problem
 of
 drawing
 the
 line
 between
 a
 manager
 and
 a
 supervisor
 will
 persist.
 The
 dividing
 line
 is
 still
 too
 unshapen
 and
 too
 situational
 to
 serve
 as
 an
 effective
 standing
formula
to
avert
disputes
 Evolution
of
supervisors’
right
to
organize
 • Unlike
managers,
supervisors
can
unionize
 • First
period:
under
the
Industrial
Peace
Act
 o Supervisors
 could
 unionize
 separately
 from
 rank‐and‐file
 workers
 o Supervisor
 was
 defined
 as
 any
 person
 having
 authority
 in
 the
interest
of
an
employer,
to
hire,
transfer,
suspend,
lay‐off,
 recall,
 discharge,
 assign,
 recommend,
 or
 discipline
 other
 employees,
or
responsibly
to
direct
them,
and
to
adjust
their
 grievances
 or
 effectively
 to
 recommend
 such
 acts
 if,
 in
 connection
with
the
foregoing,
the
exercise
of
such
authority
 o 3. 52
 4. 5. is
 not
 of
 a
 merely
 routinary
 or
 clerical
 nature
 but
 requires
 the
use
of
independent
judgment
 o While
 Industrial
 Peace
 Act
 defined
 a
 supervisor,
 it
 failed
 to
 define
 a
 manager
 or
 managerial
 employee.
 So
 the
 
 question
 arose:
 did
 the
 word
 supervisor
 include
 manager?
 Could
 managers
unionize?
 Yes.
 Managers
 are
 effectively
 included
 in
 the
 term
 supervisor.
 • Second
period:
under
the
Labor
Code
before
amendment
 o Term
 supervisor
 was
 replaced
 with
 term
 managerial
 employee
 o Managerial
employees
were
not
allowed
to
unionize
 o Did
 managerial
 employee
 include
 supervisor?
 Were
 supervisors
also
banned
from
unionizing?
 Yes.
 Supervisors
 are
 among
 the
 managerial
 employees
who
could
not
unionize.
 • Third
period:
under
Labor
Code,
as
amended
 o Compromise
 formula:
 retain
 the
 ineligibility
 of
 managerial
 employees
but
revive
the
right
of
supervisory
employees
to
 unionize
 o Thus,
 the
 right
 of
 supervisory
 employees
 to
 organize
 under
 the
 Industrial
 Peace
 Act
 is
 once
 more
 recognized
 under
 the
 present
amendments
to
the
Labor
Code
 Definitions
of
manager
and
supervisor
 • The
 power
 to
 decide
 on
 managerial
 acts
 is
 now
 separated
 from
 the
 power
 to
 recommend
 those
 managerial
 acts,
 such
 as
 laying
 down
 policy,
 hiring
 or
 dismissing
 employees.
 A
 supervisor
 has
 the
 power
 only
 to
 recommend
 while
 a
 managerial
 employee
 has
 the
 power
 to
 decide
and
do
those
acts
 • To
 make
 one
 a
 supervisor,
 the
 power
 to
 recommend
 must
 not
 be
 merely
 routinary
 or
 clerical
 in
 nature,
 but
 requires
 the
 use
 of
 independent
judgment.
The
recommendation
is
–
 o Discretionary
or
judgmental
(not
clerical)
 o Independent
(not
a
dictation
of
someone
else)
 o Effective
 (given
 particular
 weight
 in
 making
 the
 management
decision)
 • Similarly,
a
so‐called
manager,
no
matter
how
his
position
is
titled,
is
 not
 really
 a
 manager
 in
 the
 eyes
 of
 the
 law
 if
 he
 does
 not
 possess
 managerial
 powers
 (to
 lay
 down
 and
 execute
 management
 policies
 and/or
 to
 hire,
 transfer,
 suspend,
 lay‐off,
 recall,
 discharge,
 assign
 or
 discipline
employees)
 o An
 employee
 is
 not
 managerial
 if
 he
 does
 not
 take
 part
 in
 policy
 making
 but
 is
 given
 ready
 policies
 to
 execute
 and
 standard
 practices
 to
 observe,
 thus
 having
 little
 freedom
 of
 action
 • In
 short,
 a
 manager
 makes
 policy
 decisions
 or
 people
 decisions
 or
 both;
a
supervisor
recommends
those
decisions.

 Test
of
supervisory
status
 • Test
 of
 supervisory
 or
 managerial
 status
 depends
 on
 whether
 a
 person
possesses...
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This document was uploaded on 03/11/2014.

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