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    METROLAB INDUSTRIES INC. vs. HON. MA. NIEVES ROLDAN-CONFESOR AND METROLAB INDUSTRIES EMPLOYEES ASSOCIATION - Digest

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    METROLAB INDUSTRIES INC. vs. HON. MA. NIEVES ROLDAN-CONFESOR AND METROLAB INDUSTRIES EMPLOYEES ASSOCIATION - Digest

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    METROLAB INDUSTRIES INC. vs. HON. MA. NIEVES ROLDAN-CONFESOR AND METROLAB INDUSTRIES EMPLOYEES ASSOCIATION - Digest

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    Roxanne Peña
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    METROLAB INDUSTRIES INC. vs. HON. MA. NIEVES ROLDAN-CONFESOR AND METROLAB INDUSTRIES EMPLOYEES ASSOCIATION - Digest

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    METROLAB INDUSTRIES INC. vs. HON. MA. NIEVES ROLDAN-CONFESOR AND METROLAB INDUSTRIES EMPLOYEES ASSOCIATION - Digest

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views1 page

    METROLAB INDUSTRIES INC. vs. HON. MA. NIEVES ROLDAN-CONFESOR AND METROLAB INDUSTRIES EMPLOYEES ASSOCIATION - Digest

    Uploaded by

    Roxanne Peña
    METROLAB INDUSTRIES INC. vs. HON. MA. NIEVES ROLDAN-CONFESOR AND METROLAB INDUSTRIES EMPLOYEES ASSOCIATION - Digest

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    G.R. NO.

    10885
    PETITIONER: METROLAB INDUSTRIES INC.
    RESPONDENT: HON. MA. NIEVES ROLDAN-CONFESOR AND METROLAB INDUSTRIES EMPLOYEES
    ASSOCIATION

    FACTS:
    Herein petitioner Metrolab Industries represented by the private respondent MetroDrug Corp. a labor organization
    representingthe petitioners’ employees. After the CBA between the parties expired, negotiations for new CBA ended
    into deadlock. Both parties failed to settle their dispute hence the order issued by the Secretary of Labor and
    Employment that any strike or acts that might exacerbate the situation is ceased and ordered the parties to execute a
    new CBA. Later, the petitioner moved two lay-off acts to its rank and file employees and was opposed by the union.
    Petitioner assailed that the move was temporary and exercise of its management prerogative. Herein public respondent
    declared that the petitioner’s act illegal and issued two resolution of cease and desist stating that the move exacerbate
    and caused conflict to the case at bar. Included on the last resolution issued by the public respondent which states that
    executive secretaries are excluded from the closed-shop provision of the CBA, not from the bargaining unit. A petition
    for certiorari seeking the annulment of the Resolution and Omnibus Resolution of Roldan-Confesor on grounds
    that they were issued with grave abuse of discretion and excess of jurisdiction.

    ISSUE:
    WON executive secretaries must be included as part of the bargaining unit of rank and file employees.

    RULING:
    NO. By recognizing the expanded scope of the right to self-organization, the intent of the court was to delimit the types
    of employees excluded from the close shop provisions, not from the bargaining unit. The executive secretaries of
    General Manager and the Management Committees should not only be exempted from the closed-shop provision but
    should not be permitted to joinin the bargaining unit of the rank and file employees as well as on the grounds that the
    executive secretaries are confidential employees, having access to “vital labor information”. As stated in several cases,
    confidential employees are prohibited and disqualified to join any bargaining unit since the very nature of the functions
    are to assist and act in a confidential capacity, or to have access to confidential matters of, persons who exercise
    managerial functions in the field of labor relations. Finally, confidential employees cannot be classified as rank and file
    from the very nature of their work. Excluding confidential employees from the rank and file of bargaining unit, therefore,
    is not tantamount to discrimination. Therefore, executive secretaries of petitioners’ General Manager and its
    Management Committee are permanently excluded from the bargaining unit of petitioner’s rank and file employees

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