Atlas Lithographic v

Laguesma
January 6, 1992
J. Gutierrez

supervisors and in the implementation of resulting collective

bargaining agreements.
SC:

Under the Industrial Peace Act of 1953, the employees are

classified into (1) managerial (2) supervisors and (3) rank-andfile. Supervisors could join a union but not a union of rank-andSUMMARY:
file employees.
Supervisory employees affiliated with a national labor organization that also represents the rank-and-file employees in the same
company. PCE filed by the national labor organization was opposed
A245
of the
The
SC held
supervisorsiscannot
Under citing
the Labor
Code
(PDLC.
442)
enacted
in that
1974,the
classification
affiliate with a national federation of labor organizations whichmanagerial
includes theand
rank-and-file
employees
which
are
subordinates
of these
rank-and-file employees. The category of
supervisors.
supervisors and their right to organize under were not

recognized. In Bulletin Publishing Corporation vs. Sanchez, the

DOCTRINE:
SC held that the superseding labor law has removed from
The prohibition by the law is not confined to supervisors joining
a rank-and-file
localtounion.
It extends
a supervisors'
supervisors
the right
unionize
amongtothemselves.
As local
per union
applying for membership in a national federation the members Sec11,
of which
include
local
unions
of
rank-and-file
employees.
Rule II, Book V of the Omnibus Rules implementing PD
442, the supervisory unions existing since the effectivity of the
FACTS:
New Code ceased to operate as such and the members who did
July 16, 1990 - supervisory, administrative personnel, not qualify as managerial employees under A212 (k) became
production, accounting and confidential employees of ALSIeligible to form, to join or assist a rank-and-file union.
affiliated with Kaisahan ng Manggagawang Pilipino (KampilKatipunan), a national labor organization. The local unionRA 6715 revised the Labor Code in March 1989. Reclassification
became ALSI-SAPPACEA-KAMPIL (supervisors union).
into (1) managerial (2) supervisors and (3) the rank-and-file.
Supervisory employees are once again recognized. Reason
Kampil-Katipunan filed on behalf of the supervisors union a behind this recognition of the right of supervisors to organize
petition for certification election so that it could be the sole and provided that they shall not join or assist in the organization of
exclusive bargaining agent of the supervisory employees.
rank-and-file employees. The interests and functions of
supervisors and rank-and-file employees are separate and
Opposition to the PCE filed. As per Article 245 of the Labor distinct.
Code, Kampil-Katipunan cannot represent the supervisory
employees for collective bargaining purposes because it also Supervisory ee are allowed to form their own union but are not
represents the rank-and-file employees' union.
allowed to join r&f ee because of conflict of interests
ISSUE and RATIO:
The peculiar role of supervisors = while not managers,
WON, under A245 of the LC, a local union of supervisory recommend action implementing company policy or ask for
employees may be allowed to affiliate with a national federation discipline of ee = identify with the managements interest
of labor organizations of rank-and-file employees and which
national federation actively represents its affiliates in collective Case at bar
bargaining negotiations with the same employer of the

There is a conflict of interest

conflict of interest may arise in the areas of
- discipline
- collective bargaining and
- strikes.

2. The national union in Adamson also did not actively

represent its local chapters.
a. Here, the fed was even the one which filed pet for
cert ele

Thus, if the law intended to avoid a situation where supervisors

would merge with the rank-and-file or where the supervisors'
labor organization would represent conflicting interests, then a
Discipline
local supervisors' union should not be allowed to affiliate with
- Members of the supervisory union might refuse to carry the national federation of union of rank-and-file employees
out disciplinary measures against their co-member rank- where that federation actively participates in union activity in
and-file employees.
the company.
CB

The SC also held that the prohibition is not confined to

supervisors joining a rank-and-file local union. It extends to a
supervisors' local union applying for membership in a national
STRIKES
federation the members of which include local unions of rankWhen a strike is held, the national federation might influence and-file employees.
the supervisors' union to conduct a sympathy strike on the sole
basis of affiliation.
DISPOSITIVE:
Petition is granted. The private respondent is disqualified from
Adamson not app
affiliating with a national federation of labor organizations which
Adamson case is inapplicable.
includes the petitioner's rank-and-file employees.
1. The rank-and-file in that case are not directly under the
supervisors who comprise the supervisors' union.
a. Here, directly under
-

These two also have different needs in bargaining.