Case Digest (G.R. No. 116194)
Facts:
Sugbuanon Rural Bank, Inc. (Petitioner) challenged the DOLE resolution affirming the Med-Arbiter's denial of its motion to dismiss a petition for certification election filed by Sugbuanon Rural Bank, Inc. - Association of Professional, Supervisory, Office, and Technical Employees Union-TUCP (Respondent union). The union obtained registration on October 8, 1993 and filed its petition on October 26, 1993; the Med-Arbiter gave due course on October 28, 1993, denied petitioner's motion to dismiss on December 9, 1993, and the Secretary of Labor and Employment affirmed the denial on April 22, 1994, after which certification elections were scheduled.
Issues:
- Are the alleged members of APSOTEU-TUCP managerial and/or highly confidential employees, thereby disqualified from union membership?
- May the Med-Arbiter validly order a certification election upon a petition by a registered union despite petitioner's pending appeal challenging the union's registration?
Ruling:
The petition was dismissed. The Court held that the employees named were not managerial or confidential employees and thus were not disqualified from union membership. The Court further held that the Med-Arbiter properly ordered a certification election upon a petition by a legitimate labor organization despite the pending administrative appeal on the union's registration.
Ratio:
Under Article 212 (m) and Article 245 of the Labor Code, managerial status requires powers to lay down or execute management policies or to hire, transfer, suspend, lay off, recall, discharge, assign or discipline employees, and confidential status requires access to labor-relations information; the documentary job descriptions showed only recommendatory duties and no such managerial or confidential access. Pursuant to Article 257, a certification election is automatic upon filing by a legitimate labor organization and nothing in the statute bars conducting the election while an appeal on registration is pending; record evidence did not support the separation-of-unions claim.
Doctrine:
- Article 212 (m) defines managerial employees as those vested with powers to effectuate management policies and to hire, transfer, suspend, lay off, recall, discharge, assign or discipline employees.
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