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During the Certification Election among rank-and-file employees of Sage Corporation, the following confidential employees were sought to be excluded…

2026 Bar Exam · Labor Law & Social Legislation · Question 11 · Essay

The question

During the Certification Election among rank-and-file employees of Sage Corporation, the following confidential employees were sought to be excluded from voting in the elections: a.) Ara, the Executive Assistant of the Chief Executive Officer (CEO) of Sage Corporation, who arranges the CEO’s schedule, accompanies her in all appointments, and attends the CEO’s meetings over matters involving employee relations; b.) Bella, a staff member of the Information Technology Department, who is in charge of storing confidential personal data of employees and is the designated personal information processor under the Data Privacy Act of 2012; and c.) Charlie, a confidential driver assigned to the Chief Financial Officer of Sage Corporation. Should Ara, Bella, and/or Charlie be excluded from voting in the Certification Election? Explain.

Held

Ara and Bella should be excluded from voting in the Certification Election as confidential employees, while Charlie should not be excluded, under the doctrine established in San Miguel Foods v. San Miguel Corporation Supervisors, G.R. No. 146206 and Metrolab Industries v. Roldan-Confesor, G.R. No. 108855.

Explanation

The law allows all employees who are members of the appropriate bargaining unit three months prior to the filing of the petition to vote in certification elections. However, confidential employees are excluded from the rank-and-file bargaining unit and thus from voting. Confidential employees are those who assist or act in a confidential capacity to persons who formulate, determine, and effectuate management policies in labor relations. Both criteria must be met: the employee must have a confidential relationship with a supervisor who handles labor relations management functions. This exclusion is to prevent conflicts of interest and to protect the employer's interests, as confidential employees have access to sensitive labor relations information and may act as spies or sources of undue advantage. The rationale is similar to that for managerial employees, who are also excluded from union membership and voting.

Application to the facts

Ara, as the Executive Assistant to the CEO, arranges the CEO’s schedule, accompanies her in appointments, and attends meetings involving employee relations. Since the CEO is a top management official responsible for formulating and executing management policies, especially in labor relations, Ara assists in a confidential capacity to a person who exercises managerial functions in labor relations. This satisfies both criteria for confidential employee status, so Ara should be excluded from voting.

Bella, as a staff member of the IT Department in charge of storing confidential personal data of employees and designated as the personal information processor under the Data Privacy Act of 2012, handles sensitive and confidential employee information. Given that she has access to confidential employee data, which is relevant to labor relations, and acts in a confidential capacity, she also qualifies as a confidential employee and should be excluded from voting.

Charlie, a confidential driver assigned to the Chief Financial Officer (CFO), does not assist in a confidential capacity regarding labor relations management policies. Driving duties, even if confidential in nature, do not involve assisting in labor relations or handling sensitive labor relations information. Therefore, Charlie does not meet the criteria for a confidential employee and should not be excluded from voting in the certification election.

This is general legal information, not legal advice.