What is the test used to determine whether an employee has supervisory or managerial status?
The Supreme Court has ruled on numerous occasions that the test of supervisory or managerial status is whether an employee possesses authority to act in the interest of his employer which authority is not merely or clerical in nature but requires use of independent judgment. What governs the determination of the nature of employment is not the employee’s title, but his job description. If the nature of the employee’s job does not fall under the definition of “managerial” or “supervisory” in the Labor Code, he is eligible to be a member of the rank-and-file bargaining unit. (Pier 8 Arrastre & Stevedoring Services, Inc. vs. Confesor, et.al.
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