Sugbuanon v. Laguesma

SUGBUANON RURAL BANK, INC. v. HON. UNDERSECRETARY BIENVENIDO E. LAGUESMA,
G.R. No. 116194, February 2, 2000

FACTS:

• Association of professional supervisory office and technical Employees Union, a labor organization affiliated with the trade Union Congress of the Philippines (APSOTEU-TUCP) file petition for certification election of supervisory employees of SRBI.
• The med-arbiter set the certification election conference between SRBI and APSOTEU-TUCP. SRBI filed a motion to dismiss the union’s petition.
• Respondent members were not managerial employees but supervisory employees which are allowed to join, form or assist their own union (art 245 labor code).
• Med-arbiter denied the motion.
• SRBI appealed to the secretary of labor and employment about the med-arbiter's decision, but then secretary denied.
• Med-arbiter scheduled the certification election, the SRBI filed a motion to suspend but then, it was denied.
• SRBI seeking the cancellation of the respondents union registration before Dole regional office; argued that APSOTEU-TUCP members are managerial and confidential employees who were prohibited from joining, organizing unions, but then dole denied.
• Then SRBI filed petition for certiorari and prohibition before the court for the annulment of the resolution of dole in favor of the order of med-arbiter w/c denied petitioner's motion to dismiss respondent union's petition for cert. election.

ISSUES:

• Whether or not the members of the union are managerial and or highly placed confidential employees.
• 2Whether or not the med-arbiter may validly order the holding of a certification of election upon the filing of a petition for certification by a registered union despite the petitioner's appeal.

HELD:

• Court denied the Petition.
• Art 212 Labor Code defines managerial and supervisory employees. Petitioner failed to show that the employees in question recommend the hiring and appointing of his subordinates well as the power to recommend any promotions and or increase salaries, and other powers such as transfer, suspend, layoff, recall, discharge, assign or discipline. Cashiers, accountants, and acting chief loans department of 
• Art 245 of labor code does not directly prohibit confidential employees from engaging in union activities. However, in doctrine of necessary implication the disqualification of managerial employees equally applies to confidential employees.
• Petitioner does not state who among the employees has access to information specifically relating to its labor and relation policies.