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CHRISTOPHER FLAKE

ATLAS LITHOGRAPHIC SERVICES, INC., petitioner, vs. UNDERSECRETARY BIENVENIDO E. LAGUESMA (Department of Labor and Employment) and ATLAS LITHOGRAPHIC SERVICES, INC. SUPERVISORY, ADMINISTRATIVE, PERSONNEL, PRODUCTION, ACCOUNTING AND CONFIDENTIAL EMPLOYEES-ASSOCIATION-KAISAHAN NG MANGGAGAWANG PILIPINO (KAMPIL-KATIPUNAN), respondents. FACTS: Supervisory employees of petitioner formed a union and affiliated with KAMPILKATIPUNAN, a national federation of rank and file labor unions. KAMPIL filed a petition for certification election in behalf of the supervisors union. It wanted to be the sole bargaining representative of the supervisors union. Petitioner opposed on the ground that KAMPIL is also the representative of the rank and file union. The Secretary of Labor ruled in favor of the certification election on the ground that the supervisors union, although affiliated with KAMPIL, retains its separate identity. ISSUE: Whether or not the supervisor union can be affiliated with a federation representing rank and file union. HELD: supervisors are eligible to join rank and file union. RATIO: The limitation in Section 245 of the Labor Code does not only prohibit supervisors from joining a rank and file union but also prohibits a union of supervisory employees from affiliating with a federation of rank and file unions as it would result in conflict of interest.

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