It should have no application to instances where a

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Unformatted text preview: e
 DOLE
 secretary
 to
 assume
 jurisdiction
 over
 the
 deadlock
 dispute.
 Secretary
 rendered
 an
 award
 and
 directed
 the
 parties
 to
 o • • 22
 incorporate
 it
 in
 their
 renegotiated
 CBA.
 Meralco
 moved
for
MR
and
the
Secretary
did
not
reconsider
 some
 of
 the
 items.
 Meralco
 charged
 the
 Secretary
 with
grave
abuse
of
discretion
 Any
act
of
the
Secretary
of
Labor
that
is
attended
by
 grave
abuse
of
discretion
is
subject
to
review
by
the
 courts
 in
 an
 appropriate
 proceeding.
 The
 extent
 of
 judicial
review
over
the
Secretary
of
Labor’s
arbitral
 award
 is
 not
 limited
 to
 a
 determination
 of
 grave
 abuse
in
the
manner
of
the
secretary’s
exercise
of
 his
 statutory
powers.
This
court
is
entitled
to,
and
must
 –
 in
 the
 exercise
 of
 its
 judicial
 power
 –
 review
 the
 substance
 of
 the
 Secretary’s
 award
 when
 grave
 abuse
 of
 discretion
 is
 alleged
 to
 exist
 in
 the
 award,
 i.e.,
 in
 the
 appreciation
 of
 and
 the
 conclusions
 the
 Secretary
drew
from
the
evidence
presented.
 • Secretary’s
abuse
of
discretion,
examples
 o In
 a
 bargaining
 deadlock
 over
 which
 the
 Secretary
 of
 Labor
 assumed
 jurisdiction,
 it
 is
 abuse
 of
 discretion
 for
 the
 Secretary
 to
 impose
 a
 stipulation
 which
 even
 the
 union
 did
 not
ask
for.
 In
the
Meralco
case,
the
management
nor
the
union
 raised
 union
 security.
 But
 the
 court
 changed
 the
 maintenance
 of
 membership
 clause
 into
 a
 more
 stringent
union
shop
clause
 o PLDT
v.
Manggagawa
ng
Komunikasyon
sa
Pilipinas
 Even
 in
 the
 exercise
 of
 his
 power
 of
 compulsory
 arbitration
under
Article
263
(g),
the
Secretary
must
 follow
the
law.
 All
 striking
 or
 locked
 out
 employees
 shall
 immediately
 return
 to
 work
 and
 the
 employer
 shall
 immediately
 resume
 operations
 and
 readmit
 all
 workers
 under
 the
 same
 terms
 and
 conditions
 prevailing
before
the
strike
or
lockout.
 • Withdrawal
of
case
to
submit
to
VA
 o Parties
are
allowed,
at
any
stage,
to
withdraw
the
case
from
 compulsory
 arbitration
 to
 bring
 it
 instead
 to
 a
 voluntary
 arbitrator
 15. Sixth
factor
in
legality
of
strike:
agreement
of
the
parties
 • CBA
contains
a
no‐strike/no‐lockout
clause.
It
provides
that
disputes
 between
the
parties,
including
alleged
ULP
act
by
the
employer
should
 be
resolved
through
voluntary
arbitration
instead
of
through
a
strike
 
 VALID?
 May...
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