What makes cruzs dismissal highly suspicions is

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Unformatted text preview: nt
 automatically
 assumes
 all
 the
 personal
 undertakings
 –
 like
 the
 no
 strike
 stipulation
–
in
the
CBA
made
by
the
deposed
union.

 If
 members
 disregard
 a
 no­strike
 clause,
 union
 may
 become
 liable
 o No
strike
clause
establishes
a
rule
of
conduct
or
condition
of
 employment,
the
violation
of
which
by
an
employee
justifies
 discipline
or
discharge.
A
no
strike
clause
is
binding
not
only
 upon
the
union,
but
also
upon
its
individual
members
 o A
 union
 which
 agrees
 to
 an
 express
 no
 strike
 clause
 impliedly
 aggress
 to
 undertake
 every
 reasonable
 means
 to
 induce
 members
 participating
 in
 an
 unauthorized
 strike
 to
 return
to
work.
The
union
is
entitled
to
a
reasonable
period
 of
time,
as
such.
 Where
 the
 union
 knows
 of
 the
 strike
 at
 about
 the
 time
 it
 commences,
 the
 union
 is
 properly
 allowed
 Lalay
Abala.
ALS2014B.
Labor
II.
 about
 48
 hours
 in
 which
 to
 take
 action
 to
 end
 the
 strike,
 after
 which
 the
 union’s
 period
 of
 liability
 runs
 • No
 violation
 if
 work
 stoppage
 not
 initiated
 or
 supported
 by
 the
 union
 o In
 one
 case,
 there
 was
 a
 temporary
 work
 stoppage
 which
 resulted
to
dismissal
of
2
employees.
Union,
through
officers,
 lost
no
time
in
putting
an
end
to
the
incident
and
prevailed
 upon
the
employees
to
resume
their
work.
 
held
that
there
 was
no
strike
that
violated
the
clause
of
the
CBA
 Union
took
steps
to
get
the
situation
back
to
normal
 as
 soon
 as
 they
 were
 notified
 about
 it;
 and
 good
 labor­management
 relations
 as
 well
 as
 the
 broader
 imperatives
 of
 industrial
 peace
 dictated
 that
 the
 spontaneous
recalcitrance
 of
some
employees
which
 after
all
had
been
settled
without
unnecessary
delay,
 should
 not
 be
 made
 an
 excuse
 to
 punish
 the
 Union
 officers
 • No­strike
pledge
inferred
from
other
provisions
 o Generally,
 a
 court
 will
 not
 imply
 a
 no‐strike
 clause
 in
 the
 contract
which
does
not
provide
for
arbitration
of
disputes
 o Language
in
a
CBA’s
preamble,
stating
a
contractual
purpose
 to
prevent
lockouts,
boycotts
and
strikes,
does
not
constitute
 a
waiver
of
the
right
to
strike
 o However,
 a
 no‐strike
 pledge
 is
 inferable
 from
 a
 CBA
 establishing
arbitration
as
a
means
of
settling
disputes
 16. Improved­offer
balloting
 • Is
a
device
to
stop
the
work
stoppage
 • Work
 stoppage
 is
 counterproductive.
 And
 by
 t...
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This document was uploaded on 03/11/2014.

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