National Sugar Refineries Corp v NLRC (220 SCRA 452) 1993

National Sugar Refineries Corp v NLRC (220 SCRA 452) 1993

It is the submission of petitioner that while the members of respondent union, as supervisors, may not be occupying managerial positions, they are clearly officers or members of the managerial staff because they meet all the conditions prescribed by law and, hence, they are not entitled to overtime, rest day and supervisory employees under Article 212 (m) should be made to apply only to the provisions on Labor Relations, while the right of said employees to the questioned benefits should be considered in the light of the meaning of a managerial employee and of the officers or members of the managerial staff, as contemplated under Article 82 of the Code and Section 2, Rule I Book III of the implementing rules.

1)         In other words, for purposes of forming and joining unions, certification elections, collective bargaining, and so forth, the union members are supervisory employees.

2)         In terms of working conditions and rest periods and entitlement to the questioned benefits, however, they are officers or members of the managerial staff, hence they are not entitled thereto.

 

Paper Industries Corporation of the Philippines v. Laguesma (330 SCRA 295) 2000

HELD: United Pepsi cola ruling was adopted here:  “Managerial employees are ranked as Top managers, Middle managers and First Line Managers. Top and Middle Managers have the authority to devise, implement and control strategic and operational policies while the task of First-Line Managers is simply to ensure that such policies are carried out by the rank-and-file employees of an organization.

Under this distinction, “managerial employees” therefore fall in two (2) categories, namely,

--          the “managers” per se composed of Top and Middle Managers, and the

--          “supervisors” composed of First-Line Managers.

Thus, the mere fact that an employee is designated “manager” does not ipso facto make him one. Designation should be reconciled with the actual job description of the employee, for it is the JOB DESCRIPTION that determines the nature of employment.”

“In this case, a thorough dissection of the job description of the concerned supervisory employees and section heads indisputably show that they are NOT actually managerial employees BUT ONLY supervisory employees SINCE THEY DO NOT LAY DOWN COMPANY POLICIES.”

“PICOP’s contention that the subject section heads and managers exercise the authority to hire and fire is ambiguous and quiet misleading for the reason that any authority they exercise is NOT SUPREME but merely ADVISORY in character. Theirs is not a FINAL DETERMINATION of the company policies inasmuch as any action taken by them on matters relative to hiring, promotion, transfer, suspension and termination of employees is still subject to confirmation and approval by their respective superior.”

“Thus, where such power, which is in effect RECOMMENDATORY in character, is SUBJECT TO EVALUATION, REVIEW, and FINAL ACTION by department heads and other higher executives of the company. The same, although present, is not effective and not an exercise of INDEPENDENT JUDGMENT as required by law.”