National Sugar Refineries Corp V NLRC

Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 2

National Sugar Refineries Corp v NLRC (220 SCRA 452) Under this distinction, “managerial employees” therefore fall in

1993 two (2) categories, namely,


-- the “managers” per se composed of Top and Middle
Managers, and the
It is the submission of petitioner that while the members of
respondent union, as supervisors, may not be occupying -- “supervisors” composed of First-Line Managers.
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, Thus, the mere fact that an employee is designated “manager”
rest day and supervisory employees under Article 212 (m) does not ipso facto make him one. Designation should be
should be made to apply only to the provisions on Labor reconciled with the actual job description of the employee, for it
Relations, while the right of said employees to the questioned is the JOB DESCRIPTION that determines the nature of
benefits should be considered in the light of the meaning of a employment.”
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. “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
1) In other words, for purposes of forming and joining employees BUT ONLY supervisory employees SINCE THEY
unions, certification elections, collective bargaining, and so DO NOT LAY DOWN COMPANY POLICIES.”
forth, the union members are supervisory employees.

“PICOP’s contention that the subject section heads and


2) In terms of working conditions and rest periods and managers exercise the authority to hire and fire is ambiguous
entitlement to the questioned benefits, however, they are and quiet misleading for the reason that any authority they
officers or members of the managerial staff, hence they are not exercise is NOT SUPREME but merely ADVISORY in
entitled thereto. 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
Paper Industries Corporation of the Philippines v. Laguesma termination of employees is still subject to confirmation and
(330 SCRA 295) 2000 approval by their respective superior.”

HELD: United Pepsi cola ruling was adopted here: “Thus, where such power, which is in effect
“Managerial employees are ranked as Top managers, Middle RECOMMENDATORY in character, is SUBJECT TO
managers and First Line Managers. Top and Middle Managers EVALUATION, REVIEW, and FINAL ACTION by
have the authority to devise, implement and control strategic department heads and other higher executives of the
and operational policies while the task of First-Line Managers company. The same, although present, is not effective
is simply to ensure that such policies are carried out by the and not an exercise of INDEPENDENT JUDGMENT as
rank-and-file employees of an organization. required by law.”

You might also like