For abandonment to constitute a valid cause for

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Unformatted text preview: 
 simply
 by
 a
 letter‐ request
 o PAL
v.
Secretary
of
Labor
and
Employment
 CBA
 between
 PAL
 and
 PALEA
 provided
 for
 pay
 increases
 for
 various
 categories
 of
 employees.
 13
 • • PALEA
 proposed
 PHP
 3,349.
 PAL
 proposed
 2,310.
 PALEA
would
not
accept
anything
less
than
what
it
 proposed.
PALEA
accused
PAL
of
bargaining
in
bad
 faith
and
filed
with
the
NCMB
a
notice
of
strike.
PAL
 moved
 to
 dismiss
 the
 notice
 for
 being
 premature.
 PALEA
went
on
strike.
Secretary
of
Labor
assumed
 jurisdiction
 over
 the
 issue
 and
 declared
 the
 strike
 valid.
 Likewise,
 the
 Secretary
 of
 Labor
 granted
 monetary
award
to
the
employees.
 The
 SC
 nullified
 the
 Secretary’s
 order
 insofar
 as
 it
 declared
 valid
 the
 PALEA
 strike
 and
 restrained
 PAL
 from
 taking
 appropriate
 legal
 action
 against
 PALEA’s
 officers
 and
 members
 who
 led
 the
 illegal
 strike.
 The
 Court,
 however,
 affirmed
 the
 monetary
 award.
 Strike
 was
 illegal
 for
 the
 following
 reasons:
 (a)
 premature
for
there
was
an
existing
CBA
which
still
 had
 9
 months
 to
 run;
 (b)
 violated
 the
 no­strike
 provision
of
the
CBA;
(c)
NCMB
declared
the
notice
of
 strike
as
“appropriate
for
preventive
mediation”
 The
 effect
 of
 the
 declaration,
 which
 PALEA
 did
 not
 ask
 to
 be
 reconsidered
 or
 set
 aside,
 was
 to
 drop
 the
 case
from
the
docket
of
notice
of
strikes.
During
the
 pendency
 of
 preventive
 mediation
 proceedings,
 no
 strike
could
be
legally
declared.
 The
 Labor
 Secretary
 exceeded
 his
 jurisdiction
 when
 he
 restrained
 the
 employer
 from
 taking
 disciplinary
 action
against
its
guilty
employees.
 Violation
of
a
valid
order
 o It
 was
 held
 that
 the
 strike
 was
 equivalent
 to
 a
 violation
 or
 disobedience
of
an
order
of
the
court,
hence,
illegal
 Grievance
procedure
bypassed
 o In
a
CBA,
it
was
stipulated
that
if
a
laborer
had
a
complaint,
 the
same
would
first
be
resolved
by
a
grievance
committee.
 Then,
if
the
decision
was
not
satisfactory,
the
same
would
be
 referred
to
the
top
officials
of
the
union
and
the
company.
 
 upheld
 o In
 another
 case,
 the
 union
 declared
 a
 strike
 as
 a
 protest
 against
 the
 reduction
 of
 the
 wages
 of
 laborers.
 It
 was
 held
 that
the
strike
was
illegal
because
the
union
did
not
adhere...
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