Her proposed transfer was merely an accommodation o

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Unformatted text preview: d
 those
 who
 voluntarily
 went
 on
 strike
 even
 if
 it
 is
 in
 protest
 of
 an
 ULP.
 Both
 types
 of
 employees
 are
 entitled
 to
 reinstatement.
 From
 the
 rule
 that
 employees
who
strike
because
of
ULP
are
entitled
to
 reinstatement
must
be
excepted
those
who,
although
 discriminatorily
 discharged,
 must
 nevertheless
 be
 denied
 reinstatement
 because
 of
 (1)
 unlawful
 conduct
or
(2)
because
of
violence.
 Discriminatorily
 dismissed
 employees
 received
 backpay
 from
 the
 date
 of
 the
 act
 of
 discrimination,
 that
 is,
 from
 the
 day
 of
 their
 discharge.
 In
 contrast,
 the
rest
of
the
employees
struck
as
a
voluntary
act
of
 Lalay
Abala.
ALS2014B.
Labor
II.
 protest
 against
 what
 they
 considered
 ULP
 of
 the
 company.
 The
 stoppage
 of
 their
 work
 was
 not
 the
 direct
 consequence
 of
 the
 companies’
 ULP.
 Hence
 their
 economic
 loss
 should
 not
 be
 shifted
 to
 the
 employer.
 • Exception:
“Involuntary”
strikers
illegally
locked
out
 o Macleod
&
Co
v.
Progressive
Federation
 “Fair
 day’s
 wage
 for
 a
 fair
 day’s
 labor”
 does
 not
 apply
 in
 this
 case
 because
 the
 workers
 did
 not
 voluntarily
 strike
 but
 were
 practically
 locked
 out.
 Since
it
appears
that
the
walkout
of
the
employees
is
 not
 of
 their
 own
 volition
 but
 in
 spite
 of
 it,
 it
 is
 only
 fair
that
they
be
reinstated
with
the
payment
of
their
 backwages.
 However,
 as
 it
 appears
 that
 38
 of
 the
 laborers
 had
 been
 out
 of
 service
 of
 the
 company
 for
 more
 than
 2
 years
 during
 which
 they
 may
 have
 found
 another
 employment
or
means
of
livelihood,
it
is
the
sense
of
 the
 Court
 that
 whatever
 they
 may
 have
 earned
 during
 that
 period
 may
 be
 deducted
 from
 their
 backwages
 to
 mitigate
 the
 liability
 of
 the
 company
 
no
one
should
be
allowed
to
enrich
himself
at
the
 expense
of
another
 • “Voluntary”
strikers
in
ULP
strike
who
offered
to
return
to
work
 unconditionally
 o When
 the
 strikers
 abandon
 the
 strike
 and
 apply
 for
 reinstatement
 despite
 the
 ULP
 and
 the
 employer
 either
 refuses
 to
 reinstate
 them
 or
 imposes
 upon
 their
 reinstatement
 new
 conditions
 that
 constitute
 ULP,
 the
 strikers
 who
 refuse
 to
 accept
 the
 conditions
 and
 are
 consequently
refused
reinstatement
are
entitled
to
be
made
 whole
for
any
losses
of
pay
they
may...
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This document was uploaded on 03/11/2014.

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