Metrolab Industries Inc. vs.

Roldan Confesor

FACTS:

Herein petitioner Metrolab Industries represented by the private respondent Metro Drug
Corp. a labor organization representing the petitioners’ employees. After the CBA between
the parties expired, negotiations for new CBA ended into deadlock. Both parties failed to
settle their dispute hence the order issued by the Secretary of Labor and Employment that
any strike or acts that might exacerbate the situation is ceased and ordered the parties to
execute a new CBA. Later, the petitioner moved two lay-off acts to its rank and file
employees and was opposed by the union. Petitioner assailed that the move was
temporary and exercise of its management prerogative. Herein public respondent declared
that the petitioner’s act illegal and issued two resolution of cease and desist stating that
the move exacerbate and caused conflict to the case at bar. Included on the last resolution
issued by the public respondent which states that executive secretaries are excluded from
the closed-shop provision of the CBA, not from the bargaining unit.

A petition for certiorari seeking the annulment of the Resolution and Omnibus
Resolution of Roldan-Confesor on grounds that they were issued with grave abuse of
discretion and excess of jurisdiction.

ISSUE:

WON executive secretaries must be included as part of the bargaining unit of rank
and file employees.

RULING:

NO. By recognizing the expanded scope of the right to self-organization, the intent of
the court was to delimit the types of employees excluded from the close shop
provisions, not from the bargaining unit.

The executive secretaries of General Manager and the Management Committees

should not only be exempted from the closed-shop provision but should not be
permitted to join in the bargaining unit of the rank and file employees as well as on
the grounds that the executive secretaries are confidential employees , having access
to “vital labor information”.

As stated in several cases, confidential employees are prohibited and disqualified to

join any bargaining unit since the very nature of the functions are to assist and act in
a confidential capacity, or to have access to confidential matters of, persons who
exercise managerial functions in the field of labor relations.

Finally, confidential employees cannot be classified as rank and file from the very
nature of their work. Excluding confidential employees from the rank and file of
bargaining unit, therefore, is not tantamount to discrimination.

Therefore, executive secretaries of petitioners’ General Manager and its Management

Committee are permanently excluded from the bargaining unit of petitioner’s rank and
file employees.