Practice question
An employer invokes necessary implication to exclude an entire department, conceding that half its workers neither confidentially assist labor-policy makers nor necessarily access labor-policy information. It says implication permits any useful management restriction. Which is correct?
- Necessary implication must be fairly grounded in statutory purpose and cannot dispense with the established functional criteria
- Management usefulness alone creates every exclusion
- The doctrine authorizes arbitrary additions
- No worker-specific evidence may be considered
- An entire department is always confidential by location
Legal references
- NATU v Torres GR93468 December29,1994 MAIN, necessary implication: https://lawphil.net/judjuris/juri1994/dec1994/gr_93468_1994.html MAIN case-specific limitation.
- San Miguel Corporation Supervisors v Laguesma GR110399 August15,1997 MAIN, cumulative labor-nexus test: https://lawphil.net/judjuris/juri1997/aug1997/gr_110399_1997.html Later cumulative test.
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