The Right to Unionize of Supervisors

DO FRONT-LINE MANAGERS OR SUPERVISORS HAVE THE RIGHT TO FORM OR JOIN UNIONS?

There is no prohibition in the law or in the implementing rules regarding the right of supervisory employees to organize a labor organization or workers’ association of their own. They are, however, not allowed to become members of a labor union composed of rank-and-file employees. This is clear under Article 245 of the Labor Code. In case there is mixed membership of supervisors and rank-and-file employees in one union, the new rule enunciated in Article 245-A of the Labor Code, unlike in the old law, is that it cannot be invoked as a ground for the cancellation of the registration of the union. The employees so improperly included are automatically deemed removed from the list of members of said union. In other words, their removal from the said list is by operation of law.
References:

PD 442's Article 245. Ineligibility of managerial employees to join any labor organization; right of supervisory employees. Managerial employees are not eligible to join, assist or form any labor organization. Supervisory employees shall not be eligible for membership in a labor organization of the rank-and-file employees but may join, assist or form separate labor organizations of their own. (As amended by Section 18, Republic Act No. 6715, March 21, 1989)

RA 9481's Sec. 9. A new provision, Article 245-A is inserted into the Labor Code to read as follows: "ART. 245-A. Effect of Inclusion as Members of Employees Outside the Bargaining Unit. - The inclusion as union members of employees outside the bargaining unit shall not be a ground for the cancellation of the registration of the union. Said employees are automatically deemed removed from the list of membership of said union."