LEVEL 1
Define a supervisory employee
Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment
Give an example of an employee position that is considered a confidential one based on the cases assigned.
e.g. Executive secretaries, Division secretaries
Question: What is the twitter handle of our dear professor, Atty. Quan?
@ryanjdq (follow for the latest labor updates)
Can public school teachers participate in a strike?
No. Pursuant to Acosta v. CA, the ability to strike is not essential to the right of association. In the absence of statute, public employees do not have the right to engage in concerted work stoppages for any purpose.
Under what doctrine are confidential employees disqualified from joining unions according to the Pepsi Cola Products v. Secretary of Labor case.
Doctrine of necessary implication
What is the definition of Confidential Employees
Confidential employees are defined as those
who assist or act in a confidential capacity,
to persons who formulate, determine, and effectuate management policies in the field of labor relations. The two criteria are cumulative, and both must be met if an employee is to be considered a confidential employee.
Mahal mo o mahal ka? (Yes, opo, may tamang sagot)
Nagmamahalan. - Judge Dela Rosa, 14 Feb 2022
Fill in the blanks. The right of the people, including those employed in the ___ and ___ sectors, to form ____, associations, or societies for purposes not contrary to law shall not be ____.
The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
What kind of information should an employee have to be disqualified from joining a union because access to such would raise conflict of interest / undue advantage during negotiations?
Confidential labor relations information
What matters are covered by diplomatic immunity granted to international organizations in the case of ICMC v. Ferrer?
The immunity covers the organization concerned, its property and its assets. It is equally applicable to proceedings in personam and proceedings in rem.
When did the Labor Code take effect? Specific date.
November 1, 1974
Commingling is a ground for cancellation of union registration when attended by what circumstances?
Misrepresentation, fraud, false statement either in the election of union officers or ratification of union constitution. (Heritage Hotel in relation to Tagaytay Highlands)
Union A failed to submit the reportorial documents required to be submitted under the law. Is this a sufficient ground for canceling the union’s registration? Why or why not?
NO, the failure to comply with reportorial requirements is not a ground for cancellation of registration, but it shall subject erring officers or members to suspension, expulsion, or any other appropriate penalty
What are the two kinds of labor unions?
Independent and Charter Unions
The biggest confederation of labor federations in the Philippines both in membership and in number of Collective Bargaining Agreements.
Trade Union Congress of the Philippines (TUCP)
Recite the Case of San Miguel Foods v. SMC Supervisors and Exempt Union
Congratulations