Title
Filoil Refinery Corp. vs. Filoil Supervisory and Confidential Employees Association
Case
G.R. No. L-26736
Decision Date
Aug 18, 1972
Filoil supervisors and confidential employees sought collective bargaining rights; CIR certified FSCEA as sole bargaining agent, upheld by Supreme Court.

Case Summary (G.R. No. L-26736)

Factual Background

Filoil Supervisory & Confidential Employees Association was a labor organization registered with the Department of Labor and composed exclusively of supervisory, technical and confidential employees of Filoil Refinery Corporation at its Rosario, Cavite refinery. The company had an existing collective bargaining agreement with a separate rank-and-file union, the Filoil Employees & Workers Association (FEWA), which expressly excluded supervisors and confidential employees from its coverage. The excluded employees organized their own association and sought certification as sole and exclusive bargaining agent for the supervisory and confidential employees.

Trial Court Proceedings — Motion to Dismiss and Initial Rulings

Filoil Refinery Corporation moved to dismiss the certification petition on grounds that supervisors were not "employees" under Republic Act 875 and that the industrial court lacked jurisdiction to compel management to bargain with supervisors. The Court of Industrial Relations denied the motion in its order of May 26, 1965. The court construed section 3 of the Industrial Peace Act to permit supervisors to form separate organizations and read section 24 to grant such organizations the right to collective bargaining. The court distinguished government employees, who under section 11 are denied the right to strike, and observed that Congress did not deny the right to strike to supervisors. The court also indicated that supervisors generally should form their own association but, if supervisors were few, they might be joined with technical and confidential personnel.

Procedural History — Stipulation, Hearing, and Unit Determination

After denial of reconsideration by the Court en banc on September 7, 1965, the parties submitted a stipulation of facts that the respondent association had 47 members and that all 47 were being checked off by the company for union dues. The company contended that the 47 should be divided into five separate bargaining units. The industrial court received evidence, excluded certain executive personnel who handled personnel matters from the bargaining unit, and on July 23, 1966 certified the association as the sole and exclusive bargaining agent for the appropriate unit. The court allowed inclusion of confidential employees with supervisors because they were few in number and shared an identity of interest with supervisors. The Court en banc on September 15, 1966 denied the company’s motion for reconsideration, noting the company had not appealed the earlier en banc resolution of September 7, 1965.

The Parties’ Contentions on Appeal

Filoil Refinery Corporation renewed its contention that supervisors form part of management and therefore are not "employees" entitled to bargain collectively under Republic Act 875. The company argued that Congress’ adoption of the Taft-Hartley Act definition of supervisor evidenced an intent to follow the American rule that exempts supervisors from employee collective bargaining rights. The company also urged that confidential employees ought not to be included in the supervisors’ bargaining unit. Filoil Supervisory & Confidential Employees Association relied on the statutory text of section 3 and section 24 of the Industrial Peace Act to assert supervisors’ statutory right to organize and to bargain, and defended the inclusion of confidential employees on grounds of small numbers and identity of interest.

Issues Presented

Whether supervisors and confidential employees are within the protection of Republic Act 875 and therefore may be certified as a bargaining unit, and whether the inclusion of confidential employees with supervisors in one bargaining unit was proper under the law and the discretion of the Court of Industrial Relations.

Supreme Court’s Analysis — Statutory Text and Prior Authority

The Court observed that petitioner had failed to appeal the Court of Industrial Relations’ en banc resolution of September 7, 1965 which had upheld supervisors’ right to organize and to demand collective bargaining; that failure foreclosed relitigation of that question before the industrial court and was highly relevant on appeal. The Court then examined the language of section 3 of Republic Act 875, noting it explicitly grants employees, and includes supervisors, the right to self-organization and to form separate organizations. The Court treated the supervisor’s status as dual: a representative of management with supervisory functions and, nonetheless, an employee in relation to the company that employs him. The Court cited AG&P Co. of Manila, Inc. vs. CIR, and related authorities, for the proposition that a foreman or supervisor is an employee for the purposes of the Act and is entitled to union activities and protection against discrimination.

Supreme Court’s Analysis — Taft‑Hartley Argument and Policy Contentions

The Court rejected petitioner’s contention that the Philippine statute must be interpreted to mirror the Taft‑Hartley Act’s treatment of supervisors. The Court held that the language of the local statute was plain and unambiguous and that policy arguments about aligning labor and management or the wisdom of the statutory scheme were matters for the legislature, not for judicial revision.

Supreme Court’s Analysis — Inclusion of Confidential Employees and Appropriate Unit

On the inclusion of confidential employees, the Court upheld the Court of Indu

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