Iob opens a graceful exit improved offer by employer

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Unformatted text preview: 
 the
 company
 was
 committing
 an
 ULP.
 While
 it
 is
 true
 that
 Philippine
 Metal
held
that
a
strike
cannot
be
declared
illegal
for
 lack
 of
 notice, it
 is
 important
 to
 note
 that
 that
 case
 was
decided
in
1979.
 Procedures
are
mandatory,
nevertheless!
 Lawful
 purpose:
 strike
 to
 compel
 recognition
 of
 and
 bargaining
 with
the
majority
union
 o Caltex
Filipino
Mangers
and
Supervisors
Association
v.
CIR
 Association
sent
a
letter
to
the
company
asking
for
 recognition
 as
 the
 exclusive
 bargaining
 agent.
 Company
asked
for
position
listings
to
be
included
 in
 the
 bargaining
 unit.
 Association
 did
 not
 submit
 the
 list.
 Company
 initiated
 certification
 proceedings.
Association
went
on
strike.
 The
 strike
 was
 declared
 not
 just
 for
 the
 purpose
 of
 gaining
 recognition
 but
 also
 for
 bargaining
 in
 bad
 faith
 on
 the
 part
 of
 the
 company
 and
 by
 reason
 of
 ULP
 committed
 by
 its
 officials.
 Significantly,
 in
 the
 voluntary
return­to­work
agreement
entered
into
by
 the
 parties,
 company
 agreed
 to
 recognize
 the
 association.
 This
 goes
 to
 show
 that
 striking
 for
 16
 • • • recognition
is
productive
of
good
result
insofar
as
a
 union
is
concerned.
 Unlawful
 purpose:
 strike
 for
 union
 recognition
 without
 having
 proven
majority
status
 o Lest
 confusion
 arise,
 it
 should
 be
 emphasized
 that
 the
 legal
 way
 to
 secure
 union
 recognition
 is
 not
 through
 a
 strike
 but
 through
 CE
 or
 voluntary
 recognition
 
 recognitional
 strike
 has
no
place
in
our
labor
relations
law
 o BUT
where
the
majority
status
of
a
union
is
not
in
doubt,
not
 in
 dispute,
 or
 is
 certainly
 established,
 and
 despite
 this,
 the
 employer
still
refuses
to
bargain,
then
the
situation
is
one
of
 refusal
to
bargain
which
is
ULP
act
by
the
employer;
in
this
 situation
 the
 union,
 if
 it
 strikes,
 will
 be
 staging
 a
 valid
 ULP
 strike
 o Association
of
Independent
Unions
in
the
Philippines
v.
NLRC
 CBA
 excluded
 casual
 employees
 from
 membership
 in
 the
 incumbent
 union.
 Casual
 employees
 who
 rendered
 at
 least
 1‐6
 years
 of
 service
 sought
 regularization.
 Denied.
 They
 formed
 an
 organization
 and
 affiliated
 with
 the
 AIUP.
 AIUP
 filed
 a
 petition
 for
 CE.
 Company
 opposed.
 Union
 filed
 a
 notice
 of
 strike...
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