By whichworkerswithoutacompletestoppageofworkretard o

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Unformatted text preview: employee
interest
 o Economic
strike
 Intended
to
force
wage
and
other
concessions
from
 the
 employer,
 which
 he
 is
 not
 required
 by
 law
 to
 grant
 For
securing
higher
wages
and
for
other
immediate
 conditions
 of
 labor
 as
 a
 shorter
 work
 day,
 higher
 rate
 of
 overtime
 compensation,
 and
 such
 other
 economic
 benefits
 as
 are
 usually
 included
 in
 a
 collective
bargaining
contract
 Also
known
as
bargaining
strike
 Striking
 employees
 have
 no
 intention
 of
 severing
 employment
 relations
 with
 their
 employer,
 except
 temporarily,
 but
 the
 employer
 is
 free
 to
 replace
 them,
if
he
can
 o Unfair
labor
practice
strike
 Called
against
the
ULP
of
the
employer,
usually
for
 the
 purpose
 of
 making
 him
 desist
 from
 further
 committing
such
practices
 Best
known
of
strikes
for
mutual
protection,
which
 are
declared
in
protest,
and
for
the
discontinuance,
 of
employer
abuses
 o • Lalay
Abala.
ALS2014B.
Labor
II.
 5. 6. A
valid
strike
needs
a
labor
dispute
 • A
strike
can
validly
take
place
only
in
the
presence
of
and
in
relation
 to
a
labor
dispute
between
the
employer
and
employees
involved
 • A
 strike,
 in
 contemplation
 of
 labor
 law,
 is
 recognized
 and
 protected
 only
 if
 the
 work
 stoppage
 is
 brought
 about
 by
 disagreements
 regarding
terms
and
conditions
of
employment
or
regarding
ways
to
 arrange
or
adjust
those
terms
and
conditions
 • National
Union
of
Workers
in
Hotels
v.
NLRC,
Peninsula
 o Petitioners
should
have
complied
with
the
prohibition
to
strike
 ordered
by
the
NCMB
when
the
latter
dismissed
the
notices
of
 strike
 after
 finding
 that
 the
 alleged
 acts
 of
 discrimination
 of
 the
 hotel
 were
 not
 ULP,
 hence
 not
 strikeable.
 Employees
 are
 lawfully
dismissed.
 o An
 employer
 may
 lawfully
 discharge
 employees
 for
 participating
 in
 an
 unjustifiable
 wildcat
 strike
 and
 especially
 so
in
this
case,
because
said
wildcat
strike
was
an
attempt
to
 undermine
 the
 Union’s
 position
 as
 the
 exclusive
 bargaining
 representative
and
was
an
unprotected
activity
 • Sympathetic
strike
 o On
 in
 which
 the
 striking
 employees
 have
 no
 demands
 or
 grievances
of
their
own,
but
strike
for
the
purpose
of
directly
 or
 indirectly
 aiding
 others,
 without
 direct
 relation
 to
 the
 advancement
of
the
interest
of
the
strikers
 o Illegal;
 without
 the
 existence
 of
 any
 labor
 dispute
 between
 the
striking
employees
and
their
own
employer!
 • Welga
ng
bayan
(People’s
strike)
 o In
 t...
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This document was uploaded on 03/11/2014.

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