Question

2. Doctrine of Necessary Implication (Confidential Employees)

Question:

Scenario: XYZ Corporation is a manufacturing company with several departments and divisions. It has a workforce of 500 employees, classified into different categories such as managers, supervisors, rank-and-file employees, and confidential employees.

A. is an administrative assistant assigned to the Human Resources Department. Her role involves handling sensitive employee information, such as disciplinary records, employee grievances, and salary information. Recently, A. expressed her desire to join a labor union and has been actively participating in union activities.

One day, A. was called into a meeting with the HR Manager and was informed that, based on her position as a confidential employee, she is not allowed to engage in any union activities. A. argues that her position does not fall under the confidential employee category and, therefore, she should be allowed to join the labor union.

Based on the scenario above, is A. considered a confidential employee and prohibited from joining a labor union? Discuss the Doctrine of Necessary Implication as applied to the classification of confidential employees in relation to the right to self-organization.