Practice question
An employee incidentally overhears a confidential bargaining discussion unrelated to the employee's actual duties. Management seeks exclusion solely on that occurrence, although access to the information is not necessary to the job and no confidential assistance role is established. Which is correct?
- Any accidental knowledge permanently disqualifies the worker.
- A rumor is always equivalent to assigned labor-relations duties.
- The employer can create the exclusion by repeating a title.
- The worker must automatically become a managerial employee.
- Incidental access alone does not satisfy the rule where the required confidential function and necessary labor-relations access are absent.
Legal references
- San Miguel Corporation Supervisors and Exempt Union v Laguesma, G.R. 110399, August 15 1997, main opinion: https://lawphil.net/judjuris/juri1997/aug1997/gr_110399_1997.html
- San Miguel Foods v SMC Supervisors and Exempt Union, G.R. 146206, August 1 2011, main opinion: https://lawphil.net/judjuris/juri2011/aug2011/gr_146206_2011.html
- National Association of Trade Unions v Torres, G.R. 93468, December 29 1994, doctrine of necessary implication: https://lawphil.net/judjuris/juri1994/dec1994/gr_93468_1994.html
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