Heldsuchproceduremustnotbeallowedbecause it tends to

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: purpose
 of
 restricting
 the
 output
 of
 the
 employer,
 in
 relation
 to
 a
 labor
 dispute;
 as
 an
 activity
 by
 which
workers,
without
a
complete
stoppage
of
work,
retard
 o • • Lalay
Abala.
ALS2014B.
Labor
II.
 • • • production
 or
 their
 performance
 of
 duties
 and
 functions
 to
 compel
management
to
grant
their
demands
 In
case
of
union
busting
 o Where
the
employer
is
trying
to
bust
the
union,
the
union
is
 a
 victim.
 
 It
 will
 be
 adding
 insult
 to
 injury
 to
 ask
 the
 unionists
to
cool
off
while
their
union
is
being
busted
 o Union
busting
exists
when
–
 The
union
officers
are
being
dismissed
 Those
 officers
 are
 the
 ones
 duly
 elected
 in
 accordance
 with
 the
 union
 constitution
 and
 by‐ laws
 The
existence
of
the
union
is
threatened
 o Must
 the
 union
 still
 file
 a
 notice
 of
 strike,
 strike
 vote,
 and
 submit
the
SVR?
 Yes,
 still
 mandatory
 even
 in
 the
 face
 of
 union
 busting
 What
 is
 excused
 in
 union
 busting
 is
 ONLY
 the
 observance
of
the
cooling
off
period
 Strike
during
arbitration,
illegal
 o Filsyn
Employees
Chapter
v.
Drilon
 Filsyn
 required
 24‐hour
 operations.
 Pursuant
 to
 employment
contracts
of
the
employees,
they
were
 to
report
 for
work
on
Sundays
and
holidays
if
their
 work
 schedules
 so
 required,
 subject
 to
 additional
 compensation
 required
 by
 law.
 Union
 then
 filed
 a
 strike.
 Minister
 of
 Labor
 certified
 the
 dispute
 to
 NLRC
 for
 compulsory
 arbitration.
 While
 conciliation
meetings
were
still
pending,
the
union
 officers
and
members
did
not
report
for
work.
 The
 certification
 of
 the
 dispute
 to
 the
 NLRC
 for
 compulsory
 arbitration
 had
 the
 effects
 of
 enjoining
 the
intended
strike
subject
of
the
notices.
 o No
strike
or
lockout
can
be
declared
while
a
case
is
pending
 involving
the
same
grounds
for
strike
or
lockout
 o Sukhotai
 Cuisine
 and
 Restaurant
 v.
 CA:
 strike
 was
 illegal
 because
 of
 the
 union’s
 failure
 to
 exhaust
 all
 in
 the
 steps
 in
 the
arbitration
proceedings
 Strike
despite
preventive
mediation
 o Mediation
is
a
process
of
resolving
disputes
with
the
aid
of
a
 neutral
 person
 who
 helps
 the
 parties
 identify
 issues
 and
 develop
 proposals
 to
 resolve
 their
 disputes.
 Unlike
 an
 arbitrator,
 but
 like
 a
 conciliator,
 the
 mediator
 is
 not
 empowered
to
decide
disputes.
 o NCMB
 Manual
 enunciates
 it
 as
 a
 remedy
 to
 prevent
 or
 resolve
disputes
whether
strikeable
or
not.
 o Preventive
 mediation
 can
 be
 initiated...
View Full Document

This document was uploaded on 03/11/2014.

Ask a homework question - tutors are online