Itissufficientthatittendstoprejudicethe

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Unformatted text preview: of
 the
 security
 of
 tenure
 provision
 in
 the
 Constitution
 and
 equitable
considerations)
 o Court
had
already
said
that
a
union
member
may
not
be
held
 responsible
for
the
union’s
illegal
strike
on
the
sole
basis
of
 such
 membership
 or
 on
 account
 of
 his
 having
 voted
 affirmatively
 for
 the
 holding
 of
 the
 strike
 later
 declared
 illegal
 o The
 rulings
 of
 the
 SC
 indicate
 the
 rejection
 of
 the
 rule
 of
 “vicarious
 liability”,
 where
 mere
 membership
 in
 a
 labor
 union
would
serve
as
basis
of
liability
for
acts
of
individuals,
 or
for
a
labor
activity,
done
on
behalf
of
the
union;
the
union
 member
 could
 be
 made
 liable
 on
 the
 theory
 that
 all
 the
 members
were
engaged
in
a
general
conspiracy
 Strikers’
loss
of
employment
 • Participation
in
a
strike
that
turned
out
to
be
illegal
does
not
result
in
 the
loss
of
job
 • BUT
the
same
is
not
the
same
for
union
officers
 • Article
264
–
 o An
ordinary
striking
worker
cannot
be
terminated
for
mere
 participation.
There
must
be
proof
that
he
committed
illegal
 acts
during
the
strike
 o Union
 officers
 may
 be
 terminated
 when
 he
 knowingly
 participates
 in
 an
 illegal
 strike,
 or
 when
 he
 commits
 an
 illegal
act
during
a
strike
 • What
“illegal
acts”?
[No
precise
meaning,
and
the
following
list
is
not
 exclusive,
but
include
–
]
 o Violations
of
Article
264
(e)
of
the
Labor
Code
 o Commission
 of
 crimes
 and
 other
 unlawful
 acts
 in
 carrying
 out
the
strike
 o Violation
of
an
order,
prohibition,
or
injunction
issued
by
the
 DOLE
Secretary
or
NLRC
in
connection
with
the
assumption
 of
jurisdiction/certification
Order
under
Article
263(g)
 • Suspension
instead
of
dismissal
 o In
 justifying
 suspension
 instead
 of
 dismissal:
 The
 Court
 invokes
 its
judicial
 prerogative
to
resolve
disputes
in
a
way
 to
 render
 to
 each
 interested
 party
 the
 most
 judicious
 solution,
and
in
the
ultimate
scheme
a
resolution
of
a
dispute
 tending
to
preserve
the
greater
order
of
society
 • Union
officers
or
leaders?
 o Continental
 Cement
 case:
 The
 officers
 of
 the
 union
 misinformed
the
members
and
led
them
into
staging
an
illegal
 strike.
If
the
NLRC
is
to
attain
the
objective
of
the
Labor
Code
 • 2. 27
 3. 4. to
 ensure
 a
 stable
 but
 dynamic
 and
 just
 industrial
 peace...
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