Section 255 (245) of the Labor Code recognizes confidential relationship must exist

three categories of employees, namely: between the employee and his

managerial, supervisory, and rank-and-file.
(a) Give the characteristics of each category of
employees, and state whether the employees in
each category may organized and form unions.
Explain your answer. (5%)
(b) May confidential employees who assist
managerial employees, and who act in a
confidential capacity or have access to
confidential matters being handled by persons
exercising managerial functions in the field of
labor relations form, or assist, or join labor
unions? Explain your answer? (2.5%)
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. (San MiguelCorp.
Supervisors and Exempt Employees
Union v. Laguesma)

ANSWERS:

a) Under Article 255 [245] of the Labor

Code the following are provided:
Managerial employees are not eligible to
join, assist or form any labor
organization. Supervisory employees
shall not be eligible for membership in
the collective bargaining unit of the
rank-and-file employees but may join,
assist or form separate collective
bargaining units and/or legitimate labor
organizations of their own. The rank-
and-file union and the supervisors’
union operating within the same
establishment may join the same
federation or national union.
b) No. In Tunay na Pagkakaisa ng
Manggagawa sa Asia Brewery v. Asia
Brewery, Inc., G.R. No. 162025, August
3, 2010, the High Court explained, who
are those confidential employees
covered by the prohibition to join, form
and assist any labor organization under
Article 245 [now 255] of the Labor
Code, as follows: 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