Nlrc beneco contracted the services of 15

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Unformatted text preview: the
 union
 disregard
 it
 and
 stage
 a
 strike?
 [two
 conflicting
decisions
–
]
 o Philippine
 Metal
 Foundries
 v.
 CIR:
 no­strike
 prohibition
 applicable
only
to
economic
strikes;
ULP
strike
is
not
covered
 and
workers
may
go
on
strike
based
on
ULP
 In
this
case,
the
employer
accepted
the
invitation
of
 Baylon,
 the
 union
 president,
 for
 grievance
 conference.
 2
 hours
 later,
 it
 dismissed
 Baylon
 Lalay
Abala.
ALS2014B.
Labor
II.
 • • without
 prior
 notice/investigation.
 Union
 went
 on
 strike.
 Strike
 was
 deemed
 valid
 because
 of
 ULP
 of
 employer
 o GOP­CCP
 Workers
 Union
 v.
 CIR:
 no­strike
 prohibition
 is
 valid
 and
 binding;
 The
 authorities
 are
 numerous
 which
 hold
 that
 strikes
 held
 in
 violation
 of
 the
 terms
 contained
 in
 a
 CBA
 are
 illegal,
especially
when
they
provide
for
conclusive
arbitration
 clauses.
 o In
 another
 case,
 IBM
 v.
 NLRC,
 the
 SC
 upheld
 a
 no‐strike
 contractual
commitment.

 Ruling
in
Master
Iron
case
 o A
 no­strike
 clause
 is
 applicable
 only
 to
 economic
 strikes.
 Corollarily,
if
the
strike
is
founded
on
an
ULP
of
the
employer,
 a
strike
declared
by
the
union
cannot
be
considered
a
violation
 of
the
no­strike
clause
 o In
this
case,
petitioners
enumerated
the
violations
of
the
CBA
 committed
by
the
employer
such
as
subcontracting
workers.
 They
 are
 likewise
 asking
 for
 the
 implementation
 of
 one
 of
 the
 provisions
 in
 the
 CBA,
 which
 grant
 them
 a
 specific
 benefit
 No­strike
 clause
 binding;
 primacy
 of
 voluntary
 arbitration
 agreement
 o Where
 the
 CBA
 stipulates
 that
 the
 disputes
 between
 the
 parties
 should
 be
 resolved
 through
 a
 grievance
 machinery,
 including
voluntary
arbitration,
a
notice
of
strike
filed
by
the
 union
 violates
 the
 agreement.
 The
 NCMB
 should
 consider
 such
 notice
 as
 not
 duly
 filed
 and
 then
 direct
 the
 union
 to
 avail
of
the
grievance
machinery
and
voluntary
arbitration
 o University
of
San
Agustin
Employees
Union
v.
CA
 Grievance
 machinery
 (which
 ends
 in
 voluntary
 arbitration)
 and
 no
 strike/no
 lockout
 provided
 for
 in
CBA
 University
 filed
 a
 Motion
 to
 Strike
 Out
 Notice
 of
 Strike
 and
 Refer
 the
 Dispute
 to
 Voluntary
 Arbitration
 precisely
 to
 call
 to
 the
 attention
 of
 the
 NCMB
 and
 the
 Union
 to
 the
 fact
 that
 the
 CBA
 provides
for
a
grievance
machinery...
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This document was uploaded on 03/11/2014.

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