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    Pepsi Cola Products v. Secretary of Labor

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    Gwaine C. Gelindon
    The union representing Pepsi-Cola supervisors filed a petition to be the exclusive bargaining agent. Pepsi challenged this, arguing supervisors cannot affiliate with a federation that also includes rank-and-file unions of the same company. The Court held that under the labor code, a supervisors' union cannot join the same federation as rank-and-file unions of the same company. It was intended to prevent supervisors from co-mingling with employees they directly supervise. The Court also held that confidential employees, like managerial employees, are ineligible to join rank-and-file unions under the labor code.

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    Pepsi Cola Products v. Secretary of Labor

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    Gwaine C. Gelindon
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    The union representing Pepsi-Cola supervisors filed a petition to be the exclusive bargaining agent. Pepsi challenged this, arguing supervisors cannot affiliate with a federation that also includes rank-and-file unions of the same company. The Court held that under the labor code, a supervisors' union cannot join the same federation as rank-and-file unions of the same company. It was intended to prevent supervisors from co-mingling with employees they directly supervise. The Court also held that confidential employees, like managerial employees, are ineligible to join rank-and-file unions under the labor code.

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    2. Pepsi Cola Products v. Secretary of Labor

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    The union representing Pepsi-Cola supervisors filed a petition to be the exclusive bargaining agent. Pepsi challenged this, arguing supervisors cannot affiliate with a federation that also includes rank-and-file unions of the same company. The Court held that under the labor code, a supervisors' union cannot join the same federation as rank-and-file unions of the same company. It was intended to prevent supervisors from co-mingling with employees they directly supervise. The Court also held that confidential employees, like managerial employees, are ineligible to join rank-and-file unions under the labor code.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    154 views1 page

    Pepsi Cola Products v. Secretary of Labor

    Uploaded by

    Gwaine C. Gelindon
    The union representing Pepsi-Cola supervisors filed a petition to be the exclusive bargaining agent. Pepsi challenged this, arguing supervisors cannot affiliate with a federation that also includes rank-and-file unions of the same company. The Court held that under the labor code, a supervisors' union cannot join the same federation as rank-and-file unions of the same company. It was intended to prevent supervisors from co-mingling with employees they directly supervise. The Court also held that confidential employees, like managerial employees, are ineligible to join rank-and-file unions under the labor code.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 1

    2. Pepsi Cola Products v.

    Secretary of Labor, August 10, 1999


    [G.R. No. 96663 August 10, 1999]

    FACTS: The Pepsi-Cola Employees Organization-UOEF (Union) filed a petition for certification
    election with the Med-Arbiter seeking to be the exclusive bargaining agent of supervisors of Pepsi-
    Cola Philippines, Inc. (PEPSI).
    The Med-Arbiter granted the Petition, with the explicit statement that it was an affiliate of Union
    de Obreros Estivadores de Filipinas (federation) together with two (2) rank and file unions. Pepsi-
    Cola Labor Unity (PCLU) and Pepsi-Cola Employees Union of the Philippines (PEUP).

    PEPSI filed with the Bureau of Labor Relations a petition to Set Aside, Cancel and/or Revoke
    Charter Affiliation of the Union, entitled PCPPI v. PCEU-UOEF on the grounds that (a) the
    members of the Union were managers and (b) a supervisors’ union can not affiliate with a
    federation whose members include the rank and file union of the same company.
    ISSUE: Whether or not a supervisors’ union can affiliate with the same Federation of which two
    rank and file unions are likewise members, without violating Article 245 of the Labor Code (PD
    442), as amended? W/N confidential employees may join rank and file employees union.
    HELD: In Atlas Lithographic Services, Inc. v. Laguesma, 205 SCRA 121 [1992], as members it
    was ratiocinated:
    xxx xxx xx

    The prohibition against a supervisors’ union joining a local union of rank and file is replete with
    jurisprudence. The Court emphasizes that the limitation is not confined to a case of
    supervisors’ wanting to join a rank-and-file union. The prohibition extends to a supervisors’
    local union applying for membership in a national federation the members of which include
    local unions of rank and file employees. The intent of the law is clear especially where, as in
    this case at bar, the supervisors will be co-mingling with those employees whom they directly
    supervise in their own bargaining unit.
    As regards the issue of whether or not confidential employees can join the labor union of the rank
    and file, what was held in the case of National Association of Trade Unions (NATU) — . . A
    confidential employee is one entrusted with confidence on delicate matters, or with the custody,
    handling, or care and protection of the employer’s property. While Art. 245 of the Labor Code
    singles out managerial employee as ineligible to join, assist or form any labor organization, under
    the doctrine of necessary implication, confidential employees are similarly disqualified.

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