Their righteous indignation does not legalize an

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Unformatted text preview: union
 members
from
the
plant
 o Strike
 and
 lockout
 are
 similar
 because
 they
 both
 connote
 temporary
 stoppage
 of
 work
 and
 occur
 because
 of
 and
 in
 relation
to
a
labor
or
industrial
dispute
involving
the
parties.
 The
difference
is
in
the
identity
of
the
doer.
 o Law
treats
strike
and
lockout
similarly
 o Lockout
 is
 an
 act
 directed
 at
 the
 union
 itself
 rather
 than
 at
 the
individual
employee‐members
of
the
union
 Grounds
for
strike/lockout
 • Strike/lockout
 may
 be
 caused
 either
 by
 a
 collective
 bargaining
 deadlock
or
an
ULP
act
 • Strike/lockout,
 as
 a
 rule,
 is
 not
 subject
 to
 labor
 injunction
 or
 restraining
orders,
except
in
those
cases
or
for
reasons
specified,
such
 as
in
national
interest
cases
or
if
prohibited
acts
under
Article
264
are
 being
committed
 • In
 the
 course
 of
 collective
 bargaining,
 a
 lockout
 is
 proper
 only
 when
 the
following
are
met
–
 o Notice
of
intention
to
declare
a
strike/lockout
has
been
filed
 with
the
DOLE
 o At
 least
 30
 days
 has
 elapsed
 since
 the
 filing
 of
 the
 notice
 before
lockout
is
declared
 o An
impasse
has
resulted
in
the
negotiations
 o The
strike/lockout
is
not
discriminatory
 • Under
Article
263,
the
notice
or
cooling‐off
period
is
15
days
for
ULP
 strike/lockout
and
30
days
for
bargaining
strike/lockout
 • In
 defending
 against
 an
 ULP
 charge
 arising
 out
 of
 such
 a
 use
 of
 a
 lockout,
 an
 employer
 should
 show
 that
 he
 was
 merely
 protecting
 his
 bargaining
 position
 and
 not
 acting
 out
 of
 hostility
 to
 the
 process
 of
 collective
 bargaining
 or
 by
 way
 of
 discriminating
 against
 union
 members
 • A
 lockout
 is
 valid
 where,
 in
 the
 course
 of
 a
 labor
 dispute,
 it
 is
 undertaken
as
a
defensive
weapon,
or
in
pursuance
of
the
employer’s
 interest
 • Lockout
has
been
held
valid
in
the
following
–
 o 3. Lalay
Abala.
ALS2014B.
Labor
II.
 In
 anticipation
 of
 a
 threatened
 strike,
 where
 motivated
 by
 economic
considerations
 o In
response
to
unprotected
strike
or
walkout
 o In
response
to
a
whipsaw
strike
 • Lockouts
have
been
held
unlawful
–
 o To
 discourage
 and
 dissipate
 membership
 in
 a
 labor
 organization
or
otherwise
kill
the
union
 o To
 aid
 a
 particular
 union
 by
 preventing
 further
 organizational
 work
 of
 its
 rival,
 or
 to
 coerce
 the
 employees
 to
join
the
favored
union
 o To
avoid
bargaining
 Kinds
of
strike
 • Extent
 o General
 Extends
 over
 a
 whole
 community,
 province,
 state
 or
country
 Extended...
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This document was uploaded on 03/11/2014.

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