FACTS: On the appropriate bargaining unit, petitioner Laguna College, changing its original stand, proposed two separate units, namely, college unit composed of the professors and instructors in the College, and high school unit comprising the high school teachers. On the other hand, LACTA (the union) proposed only one unit the employer unit composing of all the teachers in the entire Laguna College.
ISSUE: WON there can be two bargaining units in this case.
HOLDING: No. From the evidence adduced, it is believed that the factors in favor of employer unit far outweigh the reasons for the establishment of two separate bargaining units as proposed by petitioner.
It is not denied that college teachers are governed by rules and regulations of the Bureau of Private Education (CHED, kun sa yana pa), which are different from the rules and regulations for high school teachers; that the high school department of petitioner was organized at a different time from the college department; that the set-up in the two departments are different; and that the high school teachers are paid per period or subject, while the college teachers are paid on the hourly basis. But it is not also denied that these two departments are under the control of only one board of trustees; that they are housed in one and the same building; that there is but one cashier and only one registrar who himself is the administrative officer of the whole Laguna College. As a matter of fact, the function of the Administrative Officer extends even to the high school department. It is a fact that there are some teachers involved in this case who are teaching both in the college and high school departments which is a decisive proof of community of interest of these teachers and which negates the establishment of two bargaining units. Besides, in the proposed two separate bargaining units, the elementary teachers of the petitioner will be left out without a bargaining representative.
48. PHILIPS INDUSTRIAL DEVT. INC. (PIDI) VS. NLRC AND PHILIPS EMPLOYEES ORG. (PEO-FFW) G.R. No. 88957
FACTS: The Executive Labor Arbiter rendered a decision declaring that PIDIs Division Secretaries and all Staff of general management, personnel and industrial relations department, secretaries of audit, EDP, financial system, are confidential employees and as such are hereby deemed excluded in the bargaining unit for the rank and file employees of PIDI.
Respondent union PEO-FFW appealed from the decision to the NLRC. A decision was rendered by the latter, reversing the ruling of the Executive Labor Arbiter to the effect that the aforementioned positions excluded among the rank and file group is now being included and regarded as rank and file and as such they can be part of the bargaining unit for rank and file employees.
ISSUE: WON the subject employees may be part of the bargaining unit for rank and file employees.
HOLDING: No. It is quite obvious that respondent NLRC committed grave abuse of discretion in reversing the decision of the Executive Labor Arbiter and in decreeing that PIDIs Service Engineers, Sales Force, division secretaries, and all Staff of general management, personnel and industrial relations department, secretaries of audit, EDP, financial systems are included within the rank and file bargaining unit.
In the first place, all these employees, with the exception of the service engineers and the sales force personnel, are confidential employees. Their classification as such is not seriously disputed by respondent union because the five (5) previous CBAs between PIDI and PEO-FFW explicitly considered them as confidential employees. By the very nature of their functions, they assist and act in a confidential capacity to, or have access to confidential matters of, persons who exercise managerial functions in the field of labor relations. As such, the rationale behind the ineligibility of managerial employees to form, assist or join a labor union equally applies to them.
Submitted by: IAN ADRIATICO
Yours truly is begging for your indulgence for his taking part in hampering the speedy disposition of cases. CUM CONFITENTE SPONTE, MITIUS EST AGENDUM.