FACTS:

The case involves a petition for certiorari challenging the ruling of the Undersecretary of Labor regarding the eligibility of certain positions to form part of a labor union. The petitioner, a legitimate labor organization, filed a petition for certification election which was initially granted by the Med-Arbiter. However, the private respondent appealed the order to the Secretary of Labor and Employment who modified the order and excluded the positions of major patron, minor patron, chief mate, and chief engineer from the bargaining unit.

The petitioner argues that these positions are not managerial but rank and file employees, eligible to join the union and participate in the certification election. They assert that the employees in question do not possess the authority to lay down management policies, and their job descriptions do not support their classification as managerial employees. Furthermore, the petitioner contends that the determination made by the public respondent regarding who are considered managerial employees violates the workers' right to self-organization and free collective bargaining.

The central issue to be resolved is whether the mentioned positions are classified as managerial employees and therefore ineligible for union membership. The public respondent, in evaluating the submitted job descriptions, opined that these positions have managerial characteristics.

ISSUES:

1. Whether the major patron, minor patron, chief mate, and chief engineer are managerial employees or rank and file employees.

2. Whether the determination of who are managerial employees by the Undersecretary of Labor during the pre-election conference on "inclusion-exclusion" proceedings violates the worker's right to self-organization and free collective bargaining.

RULING:

1. The major patron, minor patron, chief mate, and chief engineer are deemed managerial employees and not qualified to join a union. This is based on an evaluation of their job descriptions, which showed that they perform duties and responsibilities that are considered managerial positions under Article 212 (m) of the Labor Code.

2. The determination of who are managerial employees by the Undersecretary of Labor during the pre-election conference on "inclusion-exclusion" proceedings does not violate the worker's right to self-organization and free collective bargaining.

PRINCIPLES:

• The determination of whether an employee is a managerial employee or a rank and file employee is based on an evaluation of their job descriptions and the functions they perform.

• The power to lay down management policies is not a requirement for an employee to be considered a managerial employee. Other factors such as supervisory duties and responsibilities, decision-making authority, and control over employees may be considered in determining managerial status.

• The determination of who are managerial employees can be made during the pre-election conference on "inclusion-exclusion" proceedings and does not violate the worker's right to self-organization and free collective bargaining.