One must look at the act itself

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Unformatted text preview: t
 all
 steps
 in
 grievance
 machinery
 and
 arbitration
 proceedings
 provided
 in
 CBA,
 notice
 of
 strike
 should
 have
 been
 dismissed
 by
 the
NLRC
 • Legality
 of
 strike
 not
 dependent
 upon
 ability
 of
 management
 to
 grant
demands
 o The
 ability
 of
 the
 company
 to
 grant
 said
 demands
 is
 one
 thing,
and
the
right
of
the
laborers
to
make
said
demands
is
 another
 thing.
 Whether
 the
 demands
 are
 unreasonable
 or
 unjust
is
a
matter
to
be
decided
after
proper
consideration.
 o If
demands
cannot
be
met,
then
the
only
consequence
should
 be
 their
 rejection
 and
 not
 the
 punishment
 of
 the
 workers
 who
presented
them
 Lalay
Abala.
ALS2014B.
Labor
II.
 • • • Lawful
purpose:
strike
against
employer’s
ULP
 o Davao
Free
Workers
Front
v.
CIR
 CBA
 expired.
 Union
 submitted
 proposals.
 But
 then
 management
 sponsored
 organization
 of
 a
 new
 union
 and
 bargained
 with
 the
 new
 union.
 When
 members
of
the
original
union
refused
to
accept
the
 new
 CBA,
 management
 locked
 them
 out.
 Union
 declared
a
strike.
 Strike
 is
 valid
 as
 a
 measure
 of
 self­defense
 and
 protection
against
the
employer’s
ULP
 o Phil.
Steam
Navigational
Co.
v.
PMOG
 Philsteam’s
 interrogation
 of
 its
 employees
 had
 in
 fact
 interfered
 with,
 restrained
 and
 coerced
 the
 employees
in
the
exercise
of
their
rights
to
SO
 The
rule
in
this
jurisdiction
is
that
subjection
by
the
 company
of
its
employees
to
a
series
of
questionings
 regarding
 their
 membership
 in
 the
 union
 or
 their
 union
 activities
 in
 such
 a
 way
 as
 to
 hamper
 the
 exercise
of
free
choice
on
their
part,
constitutes
ULP.
 Strike
 is
 valid.
 It
 was
 in
 retaliation
 to
 Philsteam’s
 ULP
 Lawful
purpose:
ULP
strike
in
good
faith
 o Two
tests
in
determining
existence
of
an
ULP
 Objectively,
 when
 the
 strike
 is
 declared
 in
 protest
 of
 ULP
 which
 is
 found
 to
 have
 been
 actually
 committed;
and
 Subjectively,
when
a
strike
is
declared
in
protest
of
 what
 the
 union
 believed
 to
 be
 ULP
 committed
 by
 management,
 and
 the
 circumstances
 warranted
 such
 belief
 in
 good
 faith,
 although
 found
 subsequently
as
not
committed
 o Ferrer
v.
CIR
 Union
 wanted
 a
 union
 security
 clause.
 When
 proposed
 CBA
 did
 not
 include
 such,
 union
 disauthorized
 its
 repr...
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