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TUNAY NA PAGKAKAISA NG MANGGAGAWA SA ASIA BREWERY v. ASIA BREWERY

This case has been cited 3 times or more.

	GR No. 194709 2013-07-31	MINETTE BAPTISTA v. ROSARIO VILLANUEVA MENDOZA, J.
In essence, ULP relates to the commission of acts that transgress the workers' right to organize. As specified in Articles 248 and 249 of the Labor Code, the prohibited acts must necessarily relate to the workers' right to self-organization and to the observance of a CBA.[30] Absent the said vital elements, the acts complained, although seemingly unjust, would not constitute ULP.[31]
	GR No. 146206 2011-08-01	SAN MIGUEL FOODS v. SAN MIGUEL CORPORATION SUPERVISORS PERALTA, J.
Corollarily, although Article 245[30] of the Labor Code limits the ineligibility to join, form and assist any labor organization to managerial employees, jurisprudence has extended this 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 and, hence, are likewise privy to sensitive and highly confidential records.[31] Confidential employees are thus excluded from the rank-and-file bargaining unit. The rationale for their separate category and disqualification to join any labor organization is similar to the inhibition for managerial employees, because if allowed to be affiliated with a union, the latter might not be assured of their loyalty in view of evident conflict of interests and the union can also become company-denominated with the presence of managerial employees in the union membership.[32] Having access to confidential information, confidential employees may also become the source of undue advantage. Said employees may act as a spy or spies of either party to a collective bargaining agreement.[33]
	GR No. 165381 2011-02-09	NELSON A. CULILI v. EASTERN TELECOMMUNICATIONS PHILIPPINES LEONARDO-DE CASTRO, J.
In the past, we have ruled that "unfair labor practice refers to `acts that violate the workers' right to organize.' The prohibited acts are related to the workers' right to self-organization and to the observance of a CBA."[45] We have likewise declared that "there should be no dispute that all the prohibited acts constituting unfair labor practice in essence relate to the workers' right to self-organization."[46] Thus, an employer may only be held liable for unfair labor practice if it can be shown that his acts affect in whatever manner the right of his employees to self-organize.[47]