Beruflich Dokumente
Kultur Dokumente
Buhangin
Labor Law Review II
Professor Natividad Roma
Confidential employees
employees are thus excluded from the rank-
and-file bargaining unit. The rationale for their separate
category and disqualification to join any labor organization
is similar to the inhibition for managerial employees,
because if allowed to be affiliated with a union, the latter
might not be assured of their loyalty in view of evident
conflict of interests and the union can also become
company-denominated
company-denominated with t he presence of managerial
employees in the union membership. Having access to
confidential information, confidential employees may also
become the source of undue advantage. Said employees
may act as a spy or spies of either party to a collective
bargaining agreement.
2. UST Faculty UST FACULTY UNION Petitioners-appellees A union election is held pursuant to the union's
Union v. (USTFU), GIL Y. GAMILLA, [herein Private constitution and bylaws, and the right to vote in itis
Bitonio CORAZON QUI, NORMA Respondents] Marino, enjoyed only by union
CALAGUAS, IRMA et. al. (appellees) are Members. A union election should be distinguished from a
POTENCIANO, LUZ DE duly elected officers of certification election, which is the process of determining,
GUZMAN, REMEDIOS the UST Faculty Union through secret ballot, the sole and exclusive bargaining
GARCIA, RENE ARNEJO, (USTFU). The union has agent of the employees in the appropriate bargaining unit,
EDITHA OCAMPO, CESAR a subsisting five-year for purposes of collective bargaining. Specifically, the
REYES, CELSO NIERRA, Collective Bargaining purpose of a certification election is to ascertain whether
GLICERIA BALDRES, MA. Agreement with its or not a majority of the employees wish to be represented
LOURDES MEDINA, employer, the by a labor organization and, in the affirmative case, by
HIDELITA GABO, MAFEL University of Santo which particular labor organization. In both elections, there
YSRAEL, LAURA ABARA, Tomas (UST). The CBA are procedures to be followed. Thus, the October 4, 1996
NATIVIDAD SANTOS, was registered with election cannot properly be called a union election,
FERDINAND LIMOS, the Industrial Relations because the procedure laid down in the USTFU's CBL for
CARMELITA ESPINA, Division, DOLE-NCR, on the election of officers was not followed. It could not have
ZENAIDA FAMORCA, PHILIP 20 February 1995. It is been a certification election either, because representation
AGUINALDO, BENEDICTA set to expire on 31 was not the issue, and t he proper procedure for such
ALAVA and LEONCIO May 1998. election was not followed. The participation of non-union
CASAL, Petitioners members in the election aggravated its irregularity