Cir nostrike prohibition

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Unformatted text preview: esentatives
 from
 signing
 the
 contract.
 Management
 circularized
 the
 employees
 informing
 them
 of
 the
 union’s
 refusal
 to
 sign.
 This
 provoked
a
number
of
resignations
from
the
union.
 Union
 filed
 notice
 of
 strike,
 believeing
 that
 management
had
been
undermining
them
 Union
 was
 reasonably
 justified
 in
 believing
 that
 the
 company’s
 act
 constituted
 ULP.
 Since
 the
 union
 believed
 in
 good
 faith
 that
 there
 was
 a
 ULP,
 petitioners
were
not
bound
to
wait
for
the
expiration
 of
the
15
days.
But
since
the
company
was
absolved
 from
 ULP
 charge,
 the
 strikers
 must
 be
 reinstated
 without
back
pay.
 The
“good
faith
strike”
doctrine
retraced
and
reiterated
 o People’s
 Industrial
 and
 Commercial
 Employees
 and
 Workers
 Org
v.
People’s
Industrial
and
Commercial
Corp.
 15
 Union
 said
 that
 they
 couldn’t
 reply
 within
 the
 reglementary
 period
 re:
 proposals
 of
 management
 for
 collective
 bargaining.
 No
 reply
 from
 company.
 Union
 members
 were
 dismissed.
 A
 strike
 was
 staged
the
next
day.
A
day
later,
company
signed
a
 CBA
 with
 a
 new
 union
 with
 claimed
 to
 represent
 85%
of
the
employees.
 A
 strike
 may
 be
 considered
 legal
 when
 the
 union
 believed
 that
 the
 company
 committed
 unfair
 labor
 acts
and
the
circumstances
warranted
such
belief
in
 good
 faith
 although
 subsequently
 such
 allegation
 of
 ULP
are
found
out
as
not
true
 It
 is
 not
 required
 that
 there
 be
 in
 fact
 an
 ULP
 committed.
It
suffices
if
such
a
belief
in
good
faith
is
 entertained
by
labor.
 Petitioners
should
be
reinstated
and
are
entitled
to
3
 years
of
backwages
 o Pepsi­Cola
Labor
Union
v
NLRC
 During
 the
 pendency
 of
 an
 election
 contest,
 the
 “winning”
 Union
 file
 a
 notice
 of
 strike
 on
 the
 ground
that
Pepsi
refused
to
bargain
with
it.
Pepsi
 countered
 that
 it
 was
 willing
 to
 bargain
 but
 there
 was
yet
no
final
decision
on
the
appeal
of
the
losing
 union.
Union
went
on
strike.
Labor
arbiter
declared
 it
to
be
illegal
 SC
 reversed.
 Although
 the
 strike
 was
 indeed
 illegal,
 we
 can’t
 discount
 the
 presence
 of
 good
 faith
 on
 the
 part
of
the
members
of
the
union
considering
that
in
 the
CE,
the
union
obtained
128
out
of
130
votes
cast
 so
that
they
could
justifiably
consider
it
as
their
sole
 bargaining
representative.
 “Good­faith
 strike”
 doctrine
 applied
 even
 to
 a
 strike
 without
 prior
notice
and
despite
a
no­strike
clause
 o Phil.
Metal
Foundries
v.
CIR...
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