Dear PAO,

I am employed as a supervisor in a factory. Currently, there is a labor union composed of the rank-and-file employees in our company. I want to know whether I could join the said labor union considering that I am not a member of any union right now.

Kristoff

Dear Kristoff,

First and foremost, we should know who are the supervisory employees as defined under the law. Article 219(m) of the Labor Code of the Philippines defines supervisory employees as “those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires use of independent judgment.”

The question now is whether a supervisory employee could join a union composed of rank-and-file employees. The answer is in the negative. According to Article 255 of the said Code, supervisory employees are not eligible for membership in the collective bargaining unit of the rank-and-file employees, to wit:

“ARTICLE 255. [245] Ineligibility of Managerial Employees to Join Any Labor Organization; Right of Supervisory Employees. — 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.”

It is clear from the above-quoted provision of the law that supervisory employees are prohibited from joining the collective bargaining unit or union of the rank-and-file employees. Nonetheless, supervisory employees are allowed to join, assist, or form their separate legitimate labor organization.

The rationale for the prohibition on intermingling supervisory employees and rank-and-file employees in one collective bargaining unit is that the union may not be assured of the supervisory employees’ loyalty and it increases the risk of the union becoming company-dominated. Likewise, there is a possibility that there could be a collusion between the union and the management during the negotiations that may have adverse effect to the employees in general.

In your case, if you fall under the category of supervisory employee as defined by law, you may not be allowed to join the collective bargaining unit composed of rank-and-file employees. Rather, your right is to form or join a separate union composed of supervisory employees.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]