Therestraintmaynotbeunduly harsh or oppressive in

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Unformatted text preview: part
 of
 management,
 that
 Lalay
Abala.
ALS2014B.
Labor
II.
 5. 6. 7. 8. 9. petitioners
 were
 not
 bound,
 therefore,
 to
 wait
 for
 the
 expiration
 of
 30
 days
 from
 notice
 of
 strike
 before
 staging
 the
 same,
and
that
the
strikers
had
not
thereby
lost
their
status
as
 employees
 of
 respondents.
 Upon
 the
 other
 hand,
 considering
 that
 the
 latter
 had
 been
 absolved
 from
 the
 charge
 of
 ULP,
 reinstatement
of
strikers
must
be
without
backpay.
 • Cebu
Portland
Cement
Company
v.
Cement
Workers
Union
 o The
 belief
 of
 the
 strikers
 that
 the
 management
 was
 committing
 ULP
 was
 properly
 considered
 in
 declaring
 an
 otherwise
premature
strike
not
unlawful,
and
in
affirming
the
 order
 of
 the
 labor
 court
 for
 the
 reinstatement
 without
 backwages
of
said
employee.
 Strike
 which
 is
 illegal
 and
 not
 marked
 with
 good
 faith
 –
 strikers
 forfeit
 their
employment
 • Reliance
Surety
and
Insurance
Co,
Inc
v.
NLRC
 o In
 staging
 the
 strike
 in
 question,
 a
 strike
 that
 was
 illegal
 in
 more
ways
than
one,
the
reinstated
union
officers
were
clearly
 in
 bad
 faith,
 and
 to
 reinstate
 them
 without
 indeed,
 loss
 of
 seniority
rights,
is
to
reward
them
for
an
act
public
policy
does
 not
sanction.
 Forfeiture
of
reinstatement
 • A
striker
who
failed
to
report
for
work
when
one
had
the
opportunity
 to
do
so
waived
thereby
his
right
to
reinstatement
 • If
 during
 the
 strike,
 a
 striking
 employee
 has
 found
 another
 job,
 is
 he
 still
entitled
to
reinstatement?
 o Yes
and
no
 o It
 is
 for
 the
 [Board;
 NLRC?]
 in
 each
 case
 to
 weigh
 the
 particular
 facts
 and
 to
 determine,
 in
 the
 exercise
 of
 wise
 administrative
 discretion,
 whether
 the
 Act
 would
 best
 be
 effectuated
 by
 directing
 reinstatement
 despite
 the
 fact
 that
 the
given
employees
had
found
equivalent
employment
 Direction
in
readmission
of
strikers
 • Discrimination
 undoubtedly
 exists
 where
 the
 record
 shows
 that
 the
 union
 activity
 of
 the
 rehired
 strikers
 has
 been
 less
 prominent
 than
 that
of
the
strikers
who
were
denied
reinstatement.
 Exaction
of
promise
or
clearances
from
returning
strikers
 • Discrimination
 committed
 by
 the
 employer
 must
 be
 in
 regard
 to
 the
 ‘hire
 or
 tenure
 of
 employment
 or
 any
 term
 or
 condition
 of
 employment
 to
 encourage
 or
 discourage
 membership
 in
 any
 labor
 organization’
 • Wrongfully
 dismissed
 employees
 and
 strikers
 who
 are
 ordered
 reinstated
 may
 be
 subjected
 to
 periodic
 physical
 examination
 as
 old
 reinstated
workers
but
not
as
a
precondition
to
reinstatement
 Reinstatement
may
render
moot
the
question
of
...
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This document was uploaded on 03/11/2014.

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