But the nlrc disagreed with the ruling granting

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Unformatted text preview: argument
 that
 reinstatement
 of
 said
 strikers
 would
 be
 unfair
 to
 those
 who
 had
 been
 taken
 in
 to
 replace
 them
 during
 the
 strike,
 when
 the
 company
 direly
 needed
 their
 services,
 suffice
 it
 to
 consider
 2
 other
 points.
 (1)
 Other
 workers
 must
 be
 deemed
to
have
accepted
their
employment
as
replacements
with
the
 knowledge
 that
 the
 same
 is
 subject
 to
 the
 consequences
 of
 the
 labor
 dispute
 between
 the
 strikers
 and
 the
 company
 on
 the
 resolution
 of
 which
 depended
 the
 effects
 of
 the
 strike
 as
 to
 the
 right
 to
 reinstatement
 of
 the
 strikers.
 (2)
 said
 workers
 had
 by
 now
 been
 engaged
for
almost
9
years
so
that
it
is
not
inequitable
for
them
to
be
 made
to
yield
their
positions
to
those
finally
ruled
to
be
with
right
to
 occupy
the
same.
 • Reinstatement
 of
 strikers,
 who
 have
 not
 found
 substantially
 equivalent
 employment
 elsewhere,
 therefore
 follows
 as
 a
 matter
 of
 right,
notwithstanding
that
the
employer
has
hired
others
to
take
the
 place
of
the
strikers
for
the
purpose
of
continuing
the
operation
of
the
 business.
 • Where
 reinstatement
 of
 illegally
 dismissed
 strikers
 has
 become
 impossible,
backwages
should
be
paid
 o Coronel
v.
CIR
 Reinstatement
refers
to
a
restoration
to
a
state
from
 which
 one
 has
 been
 removed
 or
 separated;
 it
 is
 the
 return
 to
 the
 position
 from
 which
 he
 was
 removed.
 But
reinstatement
in
this
case
is
impossible.
 Company
 should
 pay
 backwages
 because
 they
 were
 responsible
 for
 their
 laborers’
 being
 thrown
 out
 of
 their
jobs.
 13. Resignation
of
strikers
does
not
prevent
signing
of
CBA
 Lalay
Abala.
ALS2014B.
Labor
II.
 Commodity
Transport
Corp
v.
NLRC
 o Even
 when
 a
 legitimate
 labor
 organization
 could
 no
 longer
 meet
 the
 20%
 requirement
 after
 its
 resignation,
 it
 does
 not,
 ipso
fact,
lose
its
status
as
such
until
after
due
hearing
by
the
 BLR
 14. Civil
liability
of
labor
organizations
 • Where
a
combination
of
laborers
is
recognized
as
legal
and
a
strike
is
 lawful,
no
liability
arises
because
of
injuries
incidental
thereto.
 • However,
 labor
 unions
 may
 be
 held
 liable
 for
 resulting
 damages
 where
 they
 attempt
 to
 attain
 their
 legitimate
 objectives
 by
 unlawful
 means
or
where
they
attempt
to
attain
unlawful
objectives.
 • In
 order
 to
 hold
 a
 labor
 organization
 l...
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This document was uploaded on 03/11/2014.

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