Generallynobackwagesinstrike economicstrike o in an

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Unformatted text preview: 
 the
 Secretary
 of
 Labor,
 once
 an
 assumption
 and/or
 certification
 order
 is
 issued.
 They
 cannot,
 for
 instance,
 ignore
 return­ to0work
 orders,
 citing
 ULP
 on
 the
 part
 of
 the
 company,
to
justify
their
actions.
 An
 assumption
 and/or
 certification
 order
 of
 the
 Secretary
of
Labor
automatically
results
in
a
return­ to­work
 of
 all
 striking
 workers,
 whether
 or
 not
 corresponding
 order
 has
 been
 issued
 by
 the
 Secretary
 of
 Labor.
 A
 strike
 that
 is
 undertaken
 despite
the
issuance
by
the
Secretary
of
Labor
of
an
 assumption
 or
 certification
 order
 becomes
 a
 prohibited
activity
and
thus
illegal.
 o Certification
 of
 the
 dispute
 to
 the
 NLRC
 makes
 the
 continuation
 of
 the
 strike
 illegal,
 provided
 that
 the
 parties
 are
duly
notified
of
the
certification
order
 o PNOC
Dockyard
and
Engineering
Corp
v.
NLRC
 Held:
 the
 strike
 was
 not
 automatically
 illegal
 upon
 the
 labor
 secretary’s
 certification
 of
 the
 dispute
 to
 the
NLRC
for
compulsory
arbitration.
No
copy
was
 validly
served
to
the
union.
 No
order,
decision,
or
resolution
 –
not
even
one
that
 is
 “immediately
 executory”
 –
 is
 binding
 and
 automatically
 executory
 unless
 and
 until
 the
 proper
 parties
are
duly
notified
thereof.
In
labor
cases,
both
 the
 party
 and
 its
 counsel
 must
 be
 duly
 served
 their
 separate
 copies
 of
 the
 order,
 decision
 or
 resolution,
 unlike
in
ordinary
judicial
proceedings
where
notice
 to
counsel
is
deemed
notice
to
the
party
 Refusal
to
receive
the
RTWO
 o Refusal
 to
 receive
 amounts
 to
 defiance
 of
 the
 Order,
 which
 defiance
makes
the
continuation
of
the
strike
an
illegal
act
 o University
of
San
Agustin
v.
CA
 The
 sheriff’s
 report
 stated
 that
 the
 union
 officer’s
 refusal
 to
 receive
 the
 AJO
 (Assumption
 of
 Jurisdiction
 Order).
 Union
 adopted
 a
 procedure
 19
 • wherein
 it
 gave
 sole
 authority
 to
 its
 president
 to
 receive
the
AJO.
 Held:
Such
procedure
must
not
be
allowed
because
 it
 tends
 to
 circumvent
 the
 standard
 operating
 procedure
 of
 the
 Office
 of
 the
 Undersecretary
 for
 Labor
 Relations
 which
 considers
 AJOs
 as
 duly
 served
 upon
 posting
 of
 copies
 thereof
 on
 designated
places
 The
 strike
 was
 illegal.
 Consequently,
 the
 union
 officers
 were
 deemed
 to
 have
 lost
 their
 employment
 status
 for
 having
 knowingly
 participated
 in
 said
 illegal
act.
The
Union’s
assertion
of
a
settled
practice
 that
the
Secretary
of
Labor
always
gives
24
hours
to
 the
striking
workers
within
which
to
return
to
work,
 offers
no
refuge.
Aside
from
the
fact
that
this
alleged
 well...
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This document was uploaded on 03/11/2014.

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