Atlas Lithograhic Services Inc v Laguesma and Kampil-Katipunan Supervisors and Rank and File Union Association (prohibition)

LC245 January 6, 1962 J. Gutierrez, Jr. FACTS: KAMPIL-KATIPUNAN is the local union of the national labor organization Kaisahan ng Manggagawang Pilipino, a national labor organization of rank and file employees. KAMPIL-KATIPUNAN files an application for a certifcation election on behalf of the supervisory, administrative personnel, production, accounting and confidential employees of ATLAS for the purpose of collective bargaining negotiations. ATLAS. contends the application of KAMPIL-KATIPUNAN KAMPIL-KATIPUNAN cannot represent the supervisory employees for the purpose of collective bargaining because they already represent rank and file employees. DOLE Med-Arbiter IN FAVOR OF KAMPIL-KATIPUNAN ATLAS appealed to the SOLE SOLE affirmed Med-arbiter ATLAS now argues that KAMPIL-KATIPUNAN should not be granted the certification election because by doing so, they are allowed to affiliate with rank and file employees which is in violation of LC245

ISSUE: Whether a local union of supervisory employeesmay be allowed to affiliate with a national federation of labor organizations of rank-and-file employees for purposeof CBA? No! This violates the prohibition of affiliation of rank and file employees with supervisory employees. DISPOSITIVE: DOLE decisions reversed. Petition of ATLAS is granted. Prohibition of co-mingling in LC 245 extends to joining national federations The prohibition against a supervisors' union joining a local union of rank-and-file is replete with jurisprudence. The Court emphasizes that the limitation is not confined to a case of supervisors wanting to join a rankand-file local union. The prohibition extends to a supervisors' local union applying for membership in a national federation the members of which include local unions of rank-and-file employees. The intent of the law is clear especially where, as in the case at bar, the supervisors will be co-mingling with those employees whom they directly supervise in their own bargaining unit. Conflict of Interest may ensue Conflict of interest may arise in the areas of discipline, collective bargaining and strikes. Members of the supervisory unionmight refuse to carry out disciplinary measures againsttheir co-member rank-and-file employees. Prohibition in LC245 The Court construes Article 245 to mean that supervisors shall not be given an occasion to bargain together with the rank-and-file against the interests of the employer regarding terms and conditions of work. Thus, if the intent of the law is to avoid a situation where supervisors would merge with the rank and-file or where the supervisors' labor organization would represent conflicting interests, then a local supervisors' union should not be allowed to affiliate with the national federation of union of rank-and-file employees where that federation actively participates in union activity in the company.