Pier 8 Arrastre v. Roldan-Confessor Digest

Pier 8 Arrastre v. Roldan-Confessor

Facts:

1. The corporation and private respondent union enetered into a collective bargaining agreement. During the freedom period, NAFLU questioned the majority status of the union by filing for a petition for certification election (CE). The private respondent union won the CE and was certified as the sole and exclusive bargaining agent of the rank and file employees. However, the negotiations for the CBA collapsed. The Sec. of Labor took over the dispute and resolved the bargaining deadlock and ordered that the position of foremen, secretaries, and timekeepers were lumped together as part of the rank-and-file.

2. The petitioner contended that supervisors (foremen) and the legal secretary should be excluded from the bargaining unit.

Issue: W/N the foremen and secretaries should be excluded from the rank and file bargaining unit

RULING: Yes. Art. 245 of the Labor Code applies. The foremen and are supervisory employees and therefore cannot be part of the rank and file. Legal secretaries are neither managers or supervisors but confidential workers hence, they cannot be part of the ran and file as well. With respect to the timekeepers, they should not be excluded from the bargaining unit of the rank and file. The test of supervisory or managerial status is whether an employee possesses authority to act in the interest of his employer, and such authority is not merely routinary or clerical in nature but requires the use of independent judgment. What determines the nature of the employment is not the title bu the job description.