All ▸ Bar 2024 ▸ LABOR LAW AND SOCIAL LEGISLATIONS ▸ VIII. LABOR RELATIONS ▸ A. Right to Self-Organization ▸ 2. Doctrine of Necessary Implication (Confidential Employees)

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Alright. A. Right to Self-Organization: Doctrine of Necessary Implication (Confidential Employees)

Mr. Santos, an employee of ABC Corporation, initiated an organizing campaign to form a union in the company. However, the management of ABC Corporation argues that Mr. Santos and his fellow employees belong to the confidential employees category and, therefore, are disqualified from joining any union or engaging in collective bargaining.

What is the doctrine of necessary implication? Explain its application in determining the status of confidential employees.
Discuss the factors that should be considered in determining whether a particular employee falls under the confidential employees category.
In the given scenario, do the employees led by Mr. Santos fall under the confidential employees category? Explain your answer with reference to applicable laws and jurisprudence.

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