ARTICLE 255

San Miguel Union vs Laguesma Case: Confidential Employee

The Supreme Court clarified that regardless of your position, manager Kaman, supervisor or
whatever na ginhatag haim na posh an management, there are only 2 elements that should be
cumulatively present for us to say that you are a confidential, therefore, you are disqualified from
joining, forming, or assisting labor organizations ; (1) you assist or act in a confidential capacity; (2) your
act as a confidential employee has something to do with formulation, determination and implementing
managementt policies in the field of labor relations.

These criteria should be CUMULATIVE and both should be met for you to say that you are a
confidential employee. Kun usa la na element an present tapos an usa kulang, you cannot be considered
a confidential employee, thus, diri ka disqualified from joining, forming, or assisting labor organizations.

The Supreme Court also clarified one important element of the confidential employee rule
which is the employee’s need to use labor relations’ information.

What makes a person confidential? Dapat an iya function confidential in nature, what makes a
person confidential employee is really access to information, ano an iya nababaruan. When we say a
position of trust and confidence, it has something to do with the person’s access to certain info na diri
tanan maaram.

Now the SC further explained on this point that granting that the worker has access to
confidential labor relations’ information, but that access is merely incidental to his duties and
knowledge thereof is not necessary in the performance of his duties, said access does not render said
employee a confidential employee. For example, if accidentally may nabaruan ka in relation to the on-
going collective bargaining na nahihinabo, since incidental la an pag access han information, this will not
make employee a confidential employee.

Because according to the Court, your access to confidential labor relations information should
be with respect of your employer, the union, or the association, to be regarded a confidential employee
and knowledge of labor relations information pertaining to the companies with which the union deals,
or which ha association represents, will not cause the employee to be excluded from the bargaining unit
representing employees of the union or association. Access to information which is regarded by the
employer to be confidential from the business stand point such as financial information or technical
trade secrets will not render an employee a confidential employee because we are only concerned of
the labor relations policies of the management.

ARTICLE 256.

What is the effect if the supervisory employee or managerial employee, nainclude ha usa na labor
organization which is already outside the bargaining units?
 This will not affect the registration of the union, in effect; those employees are merely
automatically removed from the list of membership of said unions.

Sta. Lucia East Commercial Corporation vs Secretary of Labor

If an ira inclusion kay due to misrepresentation like may fraud han mga officers, that’s the time
na magigin ground hiya for cancellation of registration han union.

ARTICLE 257. Diri maintindihan ni Atty kun kaya no adi inin na provision, baga la daw hiya hin
introductory or a peak han Title VI until Labor Practice ngan later on Title VII han Collective Bargaining.

If you don’t have question, tara study na. Hehehe