Secretary which said that

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Unformatted text preview: he
 company
 acted
 in
 bad
 faith
 when
 it
 dismissed
 the
 salesmen
 since
 the
 policies
 was
 then
 subject
 of
 conciliation
 proceedings
 Dismissal
 is
 valid;
 the
 conciliation
 proceedings
 are
 not
 violated.
 There
 is
 no
 proof
 to
 demonstrate
 any
 underhanded
 motive
 on
 the
 part
 of
 GTE
 in
 formulating
 and
 imposing
 the
 sales
 policies
 in
 question,
 or
 requiring
 the
 submission
 of
 reports
 in
 line
 therewith.
 It
 does
 not
 follow
 that
 just
 because
 the
employees
or
their
union
are
unable
to
realize
or
 appreciate
 the
 desirability
 of
 their
 employer’s
 policies
or
rules,
the
latter
were
laid
down
to
oppress
 14
 the
 former
 and
 subvert
 legitimate
 union
 activities.
 Indeed,
 the
 overt,
 direct,
 deliberate
 and
 continued
 defiance
 and
 disregard
 by
 the
 employees
 of
 the
 authority
 of
 their
 employer
 left
 the
 latter
 with
 no
 alternative
except
to
impose
sanctions.
 12. Third
factor
in
legality
of
strike:
purpose;
economic
and
ULP
strike
 • The
following
are
non‐strikeable
issues
–
 o Inter‐union
or
intra‐union
disputes
 Med‐arbitration
 procedures
 in
 case
 of
 inter/intra
 union
disputes
 o Violation
 of
 labor
 standards
 law,
 unless
 Article
 248,
 particularly
clauses
(c),
(f),
or
(i),
is
also
violated
 
Labor
enforcement
 o Any
issue
involving
wage
distortion
 o Cases
pending
at
the
DOLE
regional
offices,
BLR,
NLRC
or
its
 regional
 branches,
 NWPC
 and
 its
 regional
 wage
 boards,
 office
of
the
Secretary,
Voluntary
Arbitrator,
CA,
or
the
SC
 o Execution
 and
 enforcement
 of
 final
 orders,
 decisions,
 resolution
or
awards
in
no.
4
above
 o Any
 issue
 covered
 by
 a
 no
 strike
 commitment
 in
 a
 duly
 executed
CBA
 o ULP
 strike
 –
 a
 strike
 which
 is
 provoked
 or
 prolonged
 by
 a
 refusal
 to
 bargain
 or
 a
 discriminatory
 charge
 or
 any
 other
 sort
of
ULP
by
the
employer
 o Economic
 strike–
 strike
 held
 to
 force
 wage
 or
 other
 concessions
from
the
employer
which
he
is
not
required
by
 law
to
grant
 • The
conversion
doctrine
 o Problems
 arise
 because
 it
 is
 not
 always
 clear
 whether
 the
 strike
 is
 economic
 or
 ULP.
 A
 strike
 may
 start
 as
 economic
 and
become
ULP
or
vice‐versa
 • Lawful
purpose:
strike
incident
to
collective
bargaining
 o SMC
v.
NLRC
 No
 collective
 bargaining
 deadlock.
 The
 situation
 is
 non­existent
 in
 the
 present
 case
 since
 there
 is
 a
 Board
 assigned
 on
 the
 third
 level
 of
 the
 grievance
 machinery
 to
 resolve
 the
 conflicting
 views
 of
 the
 parties.
 For
 failing
 to
 exhaus...
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This document was uploaded on 03/11/2014.

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