Metalfoundriesvcir cba contained a no strikelockout

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Unformatted text preview: ontinues
 notwithstanding
 the
 fact
 that
 employees
 are
 on
 strike
 Employer
 is
 under
 an
 obligation
 to
 reinstate
 striking
 employees
 upon
 termination
 of
 the
 strike,
 without
discriminating
against
those
more
actively
 engaged
in
union
activity
 9. Legality
of
strike:
the
six
factors
affecting
legality
 • Any
 violation
 of
 the
 legal
 requirements
 and
 strictures,
 such
 as
 a
 defiance
 of
 a
 return‐to‐work
 order
 in
 industries
 affected
 with
 public
 interest,
 will
 render
 the
 strike
 illegal,
 to
 the
 detriment
 of
 the
 very
 workers
it
is
supposed
to
protect
 • An
illegal
strike,
according
to
Ludwig
Teller
 o Is
contrary
to
a
specific
prohibition
of
law,
such
as
strike
by
 employees
performing
governmental
functions;
or
 o Violates
a
specific
requirement
of
law;
or
 o Is
 declared
 for
 an
 unlawful
 purpose,
 such
 as
 inducing
 the
 employer
to
commit
an
ULP
against
nonunion
employees;
or
 o Employs
unlawful
means
in
the
pursuit
of
its
objective,
such
 as
a
widespread
terrorism
of
nonstrikers;
or
 o Is
declared
in
violation
of
an
existing
injunction;
or
 o Is
 contrary
 to
 an
 existing
 agreement,
 such
 as
 a
 no‐strike
 clause
or
conclusive
arbitration
clause
 10. First
factor
in
legality
of
strike:
statutory
prohibition
 • Government
 employees
 have
 the
 right
 to
 organize
 BUT
 they
 do
 not
 have
the
right
to
strike
 • A
 strike
 held
 by
 them
 would
 be
 an
 illegal
 strike
 that
 violates
 a
 legal
 prohibition
 • Social
Security
System
Employees
Association
v.
CA
 o Government
 employees
 may,
 through
 their
 unions
 or
 associations,
either
petition
the
Congress
for
the
betterment
of
 the
terms
and
conditions
of
employment
which
are
within
the
 ambit
 of
 legislation
 or
 negotiate
 with
 the
 appropriate
 government
agencies
for
the
improvement
of
those
which
are
 not
 fixed
 by
 law.
 If
 there
 be
 any
 unresolved
 grievances,
 the
 dispute
may
be
referred
to
the
PSLMC
for
appropriate
action.
 o BUT
 employees
 in
 the
 civil
 service
 may
 not
 resort
 to
 strikes,
 walkouts
and
other
temporary
work
stoppages,
like
workers
in
 the
 private
 sector,
 to
 pressure
 the
 Government
 to
 accede
 to
 their
demands.
(Section
4,
Rule
III
of
the
Rules
and
Regulations
 to
Govern
the
Exercise
of
the
Right
of
Government
Employees
 to
Self­Organization)
 o The
 Co...
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