The subject affects the employees tenure hence

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Unformatted text preview: distinct
 category
of
employees
for
purposes
of
the
right
to
self‐organize
 • Confidentiality
 is
 not
 a
 matter
 of
 official
 rank,
 it
 is
 a
 matter
 of
 job
 content
and
authority
 • In
principle,
every
managerial
position
is
confidential
 –
one
 does
not
 become
 a
 manager
 without
 having
 gained
 the
 confidence
 of
 the
 appointing
 authority.
 BUT
 not
 every
 confidential
 employee
 is
 managerial;
he
may
be
a
supervisory
or
even
a
rank‐and‐file
employee
 • Hence,
 the
 confidential
 employees’
 inclusion
 in
 or
 exclusion
 from
 a
 union,
 either
 of
 supervisors
 or
 rank‐and‐file,
 is
 a
 recurrent
 contentious
issue
 • First
swing:
inclusion
among
rank­and­file
 o Confidential
 rank‐and‐file
 employees
 should
 be
 included
 in
 the
 bargaining
 unit.
 If
 the
 confidential
 employees
 are
 not
 managers,
they
can
unionize
and
no
CBA
provision
can
take
 away
that
right
 • Second
swing:
exclusion
from
rank­and­file
 o Court
 then
 upheld
 the
 validity
 of
 the
 agreement
 of
 the
 parties
 excluding
 confidential
 employees
 from
 the
 CBA
 coverage
 because
 they
 may
 become
 the
 source
 of
 undue
 advantage
 o By
 the
 nature
 of
 their
 functions,
 they
 assist
 and
 act
 in
 a
 confidential
 capacity
 to,
 or
 have
 access
 to
 confidential
 matters
of
persons
who
exercise
managerial
functions
in
the
 field
 of
 labor
 relations.
 As
 such,
 the
 rationale
 behind
 the
 ineligibility
of
managerial
employees
equally
applies
to
them
 • Third
swing:
inclusion
among
supervisors
 o Court
allowed
the
confidentials,
if
they
are
not
managers
or
 rank‐and‐file,
to
join
the
supervisor’s
union
 • Fourth
swing:
inclusion
among
monthly
paid
rank­and­file
 7. Lalay
Abala.
ALS2014B.
Labor
II.
 Confidential
 employees
 were
 allowed
 to
 be
 included
 in
 the
 union
of
the
monthly‐paid
rank‐and‐filers
 Limited
exclusion;
doctrine
of
necessary
implication
 o National
Association
of
Trade
Unions
v.
Torres
 Bank
 branch
 managers/cashiers/etc
 are
 not
 managers
 but
 only
 supervisors.
 At
 the
 same
 time,
 they
 are
 confidential
 employees.
 A
 confidential
 employee
 is
 one
 entrusted
 with
 confidence
 on
 delicate
 matters,
 or
 with
 the
 custody,
 handling
 or
 care
 and
 protection
 of
 the
 employer’s
 property.
 Under
 the
 doctrine
 of
 necessary
 implication,
 confidential
employees
are
similarly
disqualified
as
 managerial
employees
(Article
245)
 o The
 doctrine
 of
 necessary
 implication
 means
 that
 what
 is
 implied
in
a
statute
is
as
much
a
part
thereof
as
that
which
is
 expressed.
 o Conclusion
 that:
 confidential
 employees,
 like
 managers,
 are
 not
eligible
to
form,
join,
or
assist
labor
organizations
 The
 Metrolab
 and
 Meralco
 Summations:
 exclusion
 from
 bargaining
unit
and
closed­shop
clause
 o Confidential
 employees
 should
 be
 exempted
 not
 only
 from
 the
 closed‐shop
 provision
 of
 the
 CBA
 but
 also
 from
 membership
in
the
rank‐and‐file
bargaining
unit
 o Metrolab
v.
Roldan­Confesor
 Metrolab
 argues
 that
 executive
 secretaries
 of
 the
 general
 manager,
 and
 other
 managers
 and
 directors,
who
were
all
 members
of
the
company’s
 management
 committee,
 should
 not
 only
 be
 exempted
 from
 the
 closed‐shop
 provision
 but
 should
 also
 be
 excluded
 from
 membership
 in
 the
 bargaining
unit
of
rank‐and‐file
employees
because
 those
 executive
 secretaries
 were
 confidential
 employees,
having
access
to
vital
labor
information
 SC
sided
with
Metrolab.
 Jurisprudence
has
extended
 the
 prohibition
 to
 confidential
 employees
 or
 those
 who
 by
 reason
 of
 their
 positions
 or
 nature
 of
 work
 are
required
to
assist
or
act
in
a
fiduciary
manner
to
 managerial
 employees,
 hence,
 are
 likewise
 privy
 to
 sensitive
and
highly
confidential
records

 Confidential
 employees
 can’t
 be
 classified
 as
 rank­ and­file.
 The
 nature
 of
 employment
 of
 confidential
 employees
 is
 quite
 distinct
 from
 the
 rank­and­file,
 thus,
warranting
a
separate
category
 Who
are
confidential
employees?
 o They
 assist
 and
 act
 in
 a
 confidential
 capacity
 to,
 or
 have
 access
 to
 confidential
 matters
 of,
 persons
 who
 exercise
 managerial
functions...
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This document was uploaded on 03/11/2014.

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