Article 212(m) of the Labor Code defines a managerial employee as “one who is vested with powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees, or to effectively recommend such managerial actions.”
Supervisory employees, as defined in Article 212(m) are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment.
Having established that Llagas is a managerial employee, she is proscribed from joining a labor union (Tropical Hut Employees’ Union-CGW v. Tropical Hut Food Market, Inc., G.R. Nos. 43495-99, January 20, 1990, 181 SCRA 173, 189), more so being elected as union officer (Labor Code, Art. 245). In the case of Javier, a supervisory employee, she may join a labor union composed only of supervisory employees. Finding both union officers to be employees not belonging to the rank-and-file, their membership in the Union has become questionable, rendering the Union inutile to represent their cause.