1. Who are confidential employees?

 The two criteria are cumulative, and both must be met if an employee is to be
considered a confidential employee— that is, the confidential relationship must exist
between the employee and his supervisor, and the supervisor must handle the
prescribed responsibilities relating to labor relations.

(I) assist or act in a confidential capacity.

(II) to persons who formulate, determine, and effectuate management policies in the field
of labor relations.

 confidential employees cannot form, join or assist rank-and-file

unions; they cannot even be made to pay agency fees or be subjected to union security

clause since they are not part of the bargaining unit.

 Confidential employees assist and act in a confidential capacity to, or have access to
confidential matters of, persons who exercise managerial functions in the field of labor
relations. As such, the rationale behind the ineligibility of managerial employees to form,
assist or join a labor union equally applies to them.

2. Who are the confidential employees barred from the right to self-organization?

 According to ART. 256 NON-ABRIDGMEN TO THE RIGHT OF SELF ORGANIZATION

It shall be unlawful for any person to restrain, coerce, discriminate against or unduly
interfere with employees and workers in their exercise o the right to self-organization. Such
right shall include the right to form, join, or assist labor organizations for the purpose of
collective bargaining through representatives of their own choosing and to engage in lawful
concerts activities for the same purpose or for their mutual aid and protection, subject to the
provisions of Article 264 of this Code.
3. Explain the rational basis behind the prohibition of confidential employees from enjoying the right
to self-organization.

 As stated in Article 219(g), the "labor organization" can also be a union or employee group. Its
aims could include collective bargaining or collaborating with the employer. The right to create
the right to join a labor union is linked to the right to engage in concerted activity. Such
collective action, which should be held peacefully to remain legal or accordance by the law, for
the members' additional assistance and protection. 

4. Explain the cautions the Supreme Court mentioned behind the law allowing Security guards from
joining a labor union.

 SECURITY GUARDS MAY JOIN RANK-AND-FILE OR SUPERVISORS UNION- Under the old rules,
security guards were barred from joining a labor organization of the rank- and-file. Under R.A.
No. 6715, they may now freely join a labor organization of the rank-and-file or that of the
supervisory union, depending on their rank. The law allows security employees to join labor
unions within the company they work for, resulting in a division of loyalties in the faithful
performance of its duties. Economic considerations would encourage the employees concerned
to sacrifice their responsibilities to the allegiance they due to the union of which they are
members, knowing that it is usually union action that results in enhanced monetary advantages.

5. If an employer or a labor union committed ULP, what kinds of liabilities do they incur?

Article 248. Unfair labor practices of employers. – It shall be unlawful for an employer to

commit any of the following unfair labor practice:

 To interfere with, restrain or coerce employees in the exercise of their right to self- organization;
 To require as a condition of employment that a person or an employee shall not join a labor
organization or shall with-draw from one to which he belongs;
 To contract out services or functions being performed by union members when such will
interfere with, restrain or coerce employees in the exercise of their rights to self-organization;
 To initiate, dominate, assist or otherwise interfere with the formation or administration of any
labor organization, including the giving of financial or other support to it or its organizers or
supporters;
 To discriminate in regard to wages, hours of work and other terms and conditions of
employment in order to encourage or discourage membership in any labor organization.
Nothing in this Code or in any other law shall stop the parties from requiring membership in a
recognized collective bargaining agent as a condition for employment, except those employees
who are already members of another union at the time of the signing of the collective
bargaining agreement. Employees of an appropriate bargaining unit who are not members of
the recognized collective bargaining agent may be assessed a reasonable fee equivalent to the
dues and other fees paid by members of the recognized collective bargaining agent, if such non-
union members accept the benefits under the collective bargaining agreement: Provided, that
the individual authorization required under Article 242, paragraph (o) of this Code shall not
apply to the non- members of the recognized collective bargaining agent;
 To dismiss, discharge or otherwise prejudice or discriminate against an employee for having
given or being about to give testimony under this Code;
 To violate the duty to bargain collectively as prescribed by this Code;
 To pay negotiation or attorney’s fees to the union or its officers or agents as part of the
settlement of any issue in collective bargaining or any other dispute; or
 To violate a collective bargaining agreement.