Union went on strike rtwo was

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Unformatted text preview: ,
 the
 removal
of
undesirable
labor
leaders
must
be
effected
 o The
codal
provision
mentions
“officers”,
not
“leaders”.
There
 can
be
leaders
who
are
not
officers
 • Shop
stewards
are
union
officers
 o Union
 shop’s
 stewards
 are
 not
 mere
 members;
 they
 are
 officers
 o A
 shop
steward
is
a
union
official
who
represents
members
 in
 a
 particular
 department,
 charged
 with
 negotiating
 and
 adjustment
 of
 grievances
 of
 employees
 with
 the
 supervisor
 of
the
employer
 • Union
members
 o A
union
member
who
participated
in
committing
illegal
acts
 during
 a
 strike
 (w/n
 legal)
 may
 also
 lose
 his
 employment
 status
 o In
 a
 case,
 2
 strikers
 were
 found
 guilty
 of
 acts
 of
 violence
 consisting
of
hurling
stones
which
smashed
the
windows
of
 the
building
of
the
company
and
the
utterance
of
obscenities
 Who
declares
“loss
of
employment
status”?
 • Gold
City
Integrated
Port
Service
v.
NLRC
 o Union
members
should
not
be
dismissed
 o Regarding
the
officers,
they
should
be
dismissed.
 The
law,
in
 using
 the
 word
 “may”,
 grants
 the
 employer
 the
 option
 of
 declaring
a
union
officer
who
participated
in
an
illegal
strike
 as
having
lost
his
employment.
 • Declaration
 of
 illegality
 of
 strike
 not
 a
 prerequisite
 to
 dismissal
 of
illegal
strikers
 o Jackbilt
Industries,
Inc.
v.
Jacbilt
Employees’
Workers
Union
 Filing
 a
 petition
 to
 declare
 a
 strike
 illegal
 is
 not
 a
 prerequisite
 for
 the
 employer
 to
 terminate
 the
 employment
of
employees,
whether
union
officers
or
 members,
who
commit
illegal
acts
in
the
course
of
a
 strike.
 • Exception:
pending
case
at
the
NLRC
[May
the
employer
dismiss
the
 strikers
WHILE
its
complaint
is
pending
at
the
NLRC?]
 o PNOC
Dockyard
and
Engineering
v.
NLRC
 The
 issues
 relating
 to
 the
 strike
 and
 lockout
 were
 already
 submitted
 before
 the
 NLRC
 through
 the
 corresponding
 complaints
 filed
 by
 petitioner
 itself
 and
 private
 respondents.
 By
 filing
 a
 formal
 complaint
for
illegal
strike,
it
behooved
petitioner
to
 desist
from
undertaking
its
own
investigation
on
the
 same
 matter,
 concluding
 upon
 the
 illegality
 of
 the
 union
 activity
 and
 dismissing
 outright
 the
 union
 officers
involved.
 “Good­faith
strike”
 • Ferrer
v.
CIR
 o As
a
consequence,
we
hold
that
the
strike
in
question
had
been
 called
 to
 offset
 what
 petitioners
 were
 warranted
 in
 believing
 in
 good
 faith
 to
 be
 ULP
 on
 the...
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This document was uploaded on 03/11/2014.

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