This case has been cited 1 times or more.
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2006-11-20 |
QUISUMBING, J. |
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| A word of caution though, under Article 245 of the Labor Code,[28] supervisory employees are not eligible for membership in a labor union of rank-and-file employees. The supervisory employees are allowed to form their own union but they are not allowed to join the rank-and-file union because of potential conflicts of interest.[29] Further, to avoid a situation where supervisors would merge with the rank-and-file or where the supervisors' labor union would represent conflicting interests, a local supervisors' union should not be allowed to affiliate with the national federation of unions of rank-and-file employees where that federation actively participates in the union activity within the company.[30] Thus, the limitation is not confined to a case of supervisors wanting to join a rank-and-file union. The prohibition extends to a supervisors' local union applying for membership in a national federation the members of which include local unions of rank-and-file employees.[31] In De La Salle University Medical Center and College of Medicine v. Laguesma, we reiterated the rule that for the prohibition to apply, it is not enough that the supervisory union and the rank-and-file union are affiliated with a single federation. In addition, the supervisors must have direct authority over the rank-and-file employees.[32] | |||||