Case Summary (G.R. No. 162025)
Dispute over Union Dues Deduction
ABI ceased deducting union dues for 81 employees it deemed excluded under the CBA. Affected employees included 18 QA sampling inspectors and machine gauge technicians (Quality Control Staff), 20 checkers in various departments, and approximately 43 secretaries/clerks reporting to division managers.
Grievance and Arbitration Submission
BLMA-INDEPENDENT alleged restraint of employees’ right to self-organization and pursued NCMB conciliation. Failing settlement, parties agreed to arbitration on whether ABI’s actions unlawfully restrained self-organization.
Voluntary Arbitrator’s Decision
Arbitrator Devera held that the disputed employees performed routine and clerical functions, lacked supervisory or managerial duties, and had no sufficient evidence of confidential functions. He declared them rank-and-file eligible for union membership.
Court of Appeals Reversal
The CA reversed, ruling that under the CBA’s express exclusions the 81 employees were non-rank-and-file, could not validly join the union, and that ABI committed no unfair labor practice in stopping dues deductions.
Intervention by TPMA after Certification Election
After TPMA’s victory as bargaining representative in August 2002, it moved to intervene and for omnibus reconsideration before the CA, asserting interest in the arbitration outcome. The CA denied both motions.
Confidential Employee Doctrine and Jurisprudence
Under Article 245 and Supreme Court precedents (Philips Industrial Development; Pier 8 Arrastre & Stevedoring), confidential employees—those assisting management in a fiduciary capacity with access to sensitive labor relations data—are excluded from rank-and-file units to prevent conflicts of interest and preserve bargaining integrity.
Analysis of Secretaries/Clerks and Checkers
Job descriptions showed secretaries/clerks and checkers performed routine recording, monitoring, and clerical tasks without evidence of accessing confidential management or labor-relations information. Numeric proliferation of positions for single departments suggested mere reclassification rather than substantive confidential functions.
Quality Control Staff and Sampling Inspectors
Sampling inspectors and gauge technicians undisputedly belonged to Quality Control Staff and were excluded. However, checkers lacked proof of involvement in sensitive product formulas, trade secrets, or policy formulation, precluding their
...continue readingCase Syllabus (G.R. No. 162025)
Facts of the Case
- Asia Brewery, Inc. (ABI) manufactures, sells, and distributes beer, shandy, bottled water, and glass products.
- ABI and BLMA-INDEPENDENT entered into a five-year Collective Bargaining Agreement (CBA) effective August 1, 1997 to July 31, 2002.
- A renegotiated CBA was signed on October 3, 2000, extending coverage to July 31, 2003.
- Article I, Section 2 of the CBA defined the bargaining unit as “all regular rank-and-file daily-paid employees” but expressly excluded:
- Managers, Assistant Managers, Section Heads, Supervisors, Superintendents
- Confidential and Executive Secretaries, Personnel, Accounting, Marketing, Communications Staff
- Probationary and Monthly Employees, Security and Fire Brigade Personnel
- Purchasing and Quality Control Staff
- ABI ceased deducting union dues from 81 employees, believing they belonged to excluded categories:
- 18 Quality Control Staff (QA Sampling Inspectors/Inspectresses and Machine Gauge Technician)
- 20 checkers assigned to various divisions
- Secretaries/clerks under division managers
Procedural Posture
- BLMA-INDEPENDENT filed a grievance before the NCMB for restraint on self-organization.
- Parties agreed to arbitrate the question of restraint on employees’ right to self-organization.
- Voluntary Arbitrator Devera issued a decision on October 14, 1999.
- ABI petitioned for certiorari under Rule 45 in the Court of Appeals (CA-G.R. SP No. 55578).
- CA rendered its Decision on November 22, 2002, and a Resolution on January 28, 2004.
- Petitioner Tunay na Pagkakaisa ng Manggagawa sa Asia (TPMA) intervened after winning a certification election on August 10, 2002.
- CA denied motions for reconsideration and intervention; TPMA elevated the case to the Supreme Court.
Issues
- Whether the 81 subject employees are excluded from the bargaining unit under Section 2, Article I of the CBA.
- Whether those employees can validly become or remain union members.
- Whether ABI committed unfair labor practice by stopping union-dues deduction and restraining employees’ right to self-organization.
Voluntary Arbitrator’s Decision
- Found that the 81 employees performed merely routinary and clerical functions.
- Held that QA Sampling Inspectors/Inspectresses and Machine Gauge Technician were not shown to perform exclusive Quality Control Staff functions.
- Concluded that all 81 employees qualified as rank-and-file and were eligible union members.
- Declared ABI’s cessation of dues deduction as restraint on self-organiza