M.A.

UPSCU v Laguesma
G.R. No. 122226 March 25, 1998

MENDOZA, J.

The guarantee of organizational right in Art. III, 8 not infringed by a ban against managerial employees forming a
union

MOTION FOR RECONSIDERATION

FACTS
United Pepsi-Cola Supervisory Union (UPSU) is a union of supervisory employees (route managers). They
sought a certification election but they were denied on the basis that route managers are managerial employees
and, therefore, ineligible for union membership under the first sentence of Art. 245 of the Labor Code
Petitioners then challenge the constitutionality of the first sentence of Art. 245 by being contrary to Art III Sec.
8

Rule
LABOR CODE ART. 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 a labor organization of the rank-and-file
employees but may join, assist or form separate labor organizations of their own.
1987 CONST. ART. VIII SEC. 8 - The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for the purposes not contrary to law shall not be abridged.

ISSUES AND HOLDING

1. Does a ban on managerial employees in forming a union violate Art III sec. 8 of the Constitution?
a. No. The guarantee of organizational right in Art. III, 8 not infringed by a ban against managerial
employees forming a union. The right guaranteed in sec. 8 should not be contrary to law, by express
provision in the Constitution.

i. In the case of Art. 245, there is a rational basis for prohibiting managerial employees from
forming or joining labor organizations.

ii. Philips Industrial Development v NLRC; elaborated in Bulletin Publishing Co., Inc. v. Hon.
Augusto Sanchez - . . . The rationale for this inhibition has been stated to be, because if these
managerial employees would belong to or be affiliated with a Union, the latter might not be
assured of their loyalty to the Union in view of evident conflict of interests. The Union can also
become company-dominated with the presence of managerial employees in Union
membership.

PETITION DISMISSED

Alonzo C2020