Als2014blaborii criteriawhomtolayoff o

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Unformatted text preview: have
suffered
by
reason
 of
the
discriminatory
acts.
 o To
 be
 effective
 so
 as
 to
 entitle
 the
 strikers
 to
 backpay,
 the
 offer
must
have
been
unconditional.
The
strikers
must
have
 offered
 to
 return
 to
 work
 under
 the
 same
 conditions
 under
 which
 they
 worked
 just
 before
 their
 strike
 so
 that
 the
 company’s
refusal
would
have
placed
on
the
latter
the
blame
 for
their
economic
loss.

 o It
 must
 be
 stressed
 that
 for
 the
 exception
 in
 PHILMAROA
 case
to
apply,
it
is
required
that
the
strike
must
be
legal.
If
it
 is
 illegal, the
 Union
 officers
 will
 lose
 their
 wages
 and
 their
 jobs.
 11. Court’s
discretion
on
backwages
 • Even
after
a
finding
of
ULP
by
the
employer,
award
of
backwages
rests
 on
the
Court’s
discretion
 • Consolidated
Labor
Association
of
the
PHL
v.
Marsman
 o Strike
was
attended
by
acts
of
violence
on
the
part
of
certain
 strikers.
 While
 the
 company
 admitted
 some,
 it
 refused
 readmission
 to
 others
 unless
 they
 ceased
 to
 be
 union
 29
 members.
 Strike
 resumed.
 One
 of
 the
 issues
 raised
 was
 the
 liability
 for
 backwages.
 The
 Union
 contends
 that
 the
 initial
 economic
 strike
 had
 been
 transformed
 into
 a
 ULP
 strike
 when
 the
 Company
 discriminated
 against
 certain
 strikers.
 Hence,
 the
 Union
 claimed
 the
 strikers
 are
 entitled
 to
 backwages
 o Court
 had
 discretion
 w/n
 award
 backwages
 in
 an
 ULP.
 Even
 after
the
court
has
made
a
finding
of
ULP,
it
has
the
discretion
 to
 determine
 w/n
 to
 grant
 backpay.
 Such
 discretion
 was
 not
 abused
 when
 it
 denied
 backwages
 to
 complainants,
 considering
 the
 climate
 of
 violence
 which
 attended
 the
 strike
 and
picket
that
the
complainants
conducted.
 • Brugada
v.
Secretary
of
Education
 o When
the
teachers
have
given
cause
for
their
suspension
 –
the
 unjustified
 abandonment
 of
 classes
 to
 the
 prejudice
 of
 their
 students
 –
they
were
not
fully
innocent
of
the
charges
against
 them
 although
 they
 were
 eventually
 found
 guilty
 only
 of
 conduct
 prejudicial
 to
 the
 best
 interest
 of
 the
 service
 and
 not
 grave
misconduct
or
other
offense
warranting
their
dismissal
 from
their
service
 12. Employer’s
 right
 to
 hire
 replacements
 during
 strike;
 discharge
 of
 replacements
 • Anent
 the
 company’s
...
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