Duringthe pendency of preventive mediation

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Unformatted text preview: he
 nature
 of
 a
 general
 strike
 which
 is
 but
 an
 extended
 sympathetic
 strike;
 it
 is
 work
 stoppage
 affecting
 numerous
 (if
 not
 all)
 employers
 including
 a
 particular
 employer
 who
 has
no
dispute
with
his
employees
regarding
their
terms
and
 conditions
of
employment
 o Likewise,
illegal
 o But
in
the
realm
of
political
freedom,
a
general
strike
may
be
 defensible
 (to
 contribute
 at
 all
 levels‐
 political,
 economic,
 social
 and
 cultural);
 but
 at
 the
 enterprise
 level,
 the
 absence
 of
 the
 employee
 to
 join
 a
 general
 strike
 is
 in
 itself
 an
 unexcused
absence
 o Participation
in
political
protest
or
welga
ng
bayan
should
be
 balanced
with
the
obligation
at
the
work
place
 Avoidance
of
strike
 • Exhaustion
of
all
available
means
of
settling
dispute
before
resorting
 to
a
strike
 • Strikes
 and
 other
 coercive
 acts
 are
 deemed
 justified
 only
 when
 peaceful
alternatives
have
proved
unfruitful
in
settling
the
dispute
 • Conciliation,
mediation,
compromise
to
avoid
strike
 o An
 issue
 awaiting
 resolution
 in
 arbitration
 proceedings,
 whether
 compulsory
 or
 voluntary
 can’t
 serve
 as
 basis
 of
 a
 strike
 o The
 NCMB
 may,
 upon
 request
 of
 either
 ofboth
 parties
 or
 upon
 its
 own
 initiative,
 provide
 conciliation‐mediation
 9
 7. services
 to
 labor
 disputes
 other
 than
 notices
 of
 strikes
 or
 lockouts.
Conciliation
cases
which
are
not
subjects
of
notices
 of
 strike
 or
 lockout
 shall
 be
 docketed
 as
 preventive
 mediation
cases.
 o Information
 and
 statements
 given
 in
 confidence
 at
 conciliation
 proceedings
 shall
 be
 treated
 as
 privileged
 communications.
 Conciliators
 and
 similar
 officials
 shall
 not
 testify
in
any
court
or
body
regarding
any
matter
taken
up
at
 conciliation
proceedings
conducted
by
them.
 o The
Board
shall
have
the
power
to
require
the
appearance
of
 any
parties
at
conciliation
meetings.
 o Any
compromise
settlement,
including
those
involving
labor
 standard
 laws,
 voluntarily
 agreed
 upon
 by
 the
 parties
 with
 the
assistance
of
the
Board
and
its
regional
branches
shall
be
 final
 and
 binding
 upon
 the
 parties.
 The
 National
 Labor
 Relations
 Commission
 or
 any
 court
 shall
 not
 assume
 jurisdiction
 over
 issues
 involved
 therein
 except
 in
 case
 of
 non‐compliance
 thereof
 or
 if
 there
 is
 prima
 facie
 evidence
 that
 the
...
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