What is "confidential information" & who are "confidential employees"?
Confidential employees are defined as those who (1) assist or act in a
confidential capacity, (2) to persons who formulate, determine, and effectuate
management policies in the field of labor relations. The two (2) 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.
The exclusion from bargaining units of employees who, in the normal course of
their duties, become aware of management policies relating to labor relations
is a principal objective sought to be accomplished by the confidential
employee rule. There is no showing in this case that the secretaries/clerks
and checkers assisted or acted in a confidential capacity to managerial
employees and obtained confidential information relating to labor relations
policies. And even assuming that they had exposure to internal business
operations of the company, respondent claimed, this is not per se ground for
their exclusion in the bargaining unit of the daily-paid rank-and-file
employees.
The exclusion from bargaining units of employees who, in the normal course of
their duties, become aware of management policies relating to labor relations
is a principal objective sought to be accomplished by the confidential
employee rule. There is no showing in this case that the secretaries/clerks
and checkers assisted or acted in a confidential capacity to managerial
employees and obtained confidential information relating to labor relations
policies. And even assuming that they had exposure to internal business
operations of the company, respondent claimed, this is not per se ground for
their exclusion in the bargaining unit of the daily-paid rank-and-file
employees.
Not being confidential employees, the secretaries/clerks and checkers are
not disqualified from membership in the Union of respondents rank-and-file
employees. Petitioner argues that respondents act of unilaterally stopping
the deduction of union dues from these employees constitutes unfair labor
practice as it restrained the workers exercise of their right to
self-organization, as provided in Article 248 (a) of the Labor Code.
An employee must assist or act in a confidential capacity and obtain confidential information relating to labor relations policies. Exposure to internal business operations of the company is not per se a ground for the exclusion in the bargaining unit. (Tunay na Pagkakaisa ng Manggagawa sa Asia Brewery v. Asia Brewery; G.R. No. 162025)
An employee must assist or act in a confidential capacity and obtain confidential information relating to labor relations policies. Exposure to internal business operations of the company is not per se a ground for the exclusion in the bargaining unit. (Tunay na Pagkakaisa ng Manggagawa sa Asia Brewery v. Asia Brewery; G.R. No. 162025)