Contract or from securing employees which results in

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: he
 interest
 of
 the
 national
economy
 o In
 another
 case,
 the
 Court
 recognizes
 that
 one
 of
 the
 superseding
 circumstances
 that
 justifies
 payroll
 reinstatement,
 instead
 of
 actual,
 is
 the
 fact
 that
 the
 subject
 employees’
positions
were
declared
confidential
in
nature
by
 a
 panel
 of
 voluntary
 arbitrators.
 To
 insist
 on
 their
 actual
 reinstatement
is
impracticable
and
more
likely
to
exacerbate
 the
situation
 o Neither
 did
 the
 Secretary
 abuse
 her
 discretion
 when
 she
 allowed
 payroll
 reinstatement
 in
 a
 large
 hotel.
 She
 did
 not
 insist
that
management
physically
and
immediately
reinstate
 them
 because
 as
 the
 management
 pointed
 out,
 it
 would
 not
 look
nice
to
have
bald
staff
attending
to
the
hotel’s
guest.
 Voluntary
RTW
is
not
waiver
of
original
demands
 o Some
radio
operators
went
on
strike.
2
of
them
went
back
to
 the
 company
 and
 were
 readmitted.
 Subsequently,
 the
 company
 claimed
 that
 when
 the
 radio
 operators
 went
 back
 to
 work
 and
 the
 company
 reinstated
 them,
 the
 parties
 thereby
 waived
 the
 grounds
 that
 they
 may
 have
 had
 for
 striking
 No
merit
in
above.
When
the
radio
officers
returned
 back
 to
 work
 after
 the
 strike,
 such
 return
 did
 not
 imply
 the
 waiver
 of
 the
 original
 demands.
 The
 fact
 that
the
radio
operators
returned
back
to
work
and
 ended
their
strike
only
meant
that
they
desisted
from
 the
 strike;
 such
 desistance
 is
 a
 personal
 act
 of
 the
 strikers,
 and
 cannot
 be
 used
 against
 the
 union
 and
 interpreted
as
a
waiver
by
it
of
its
original
demands.
 All
issues
to
be
determined
in
the
certified
industrial
dispute
 o Where
 the
 industrial
 dispute
 has
 been
 certified
 by
 the
 President/Secretary
 to
 the
 industrial
 court,
 all
 issues
 involved
 in
 the
 industrial
 dispute
 should
 be
 aired
 and
 determined
in
the
case
where
the
dispute
as
certified
by
the
 president/secretary
is
docketed.
 o Parties
 to
 a
 certified
 case,
 under
 pain
 of
 contempt,
 shall
 inform
their
counsels
and
the
Division
concerned
of
all
cases
 pending
 with
 the
 Regional
 Arbitration
 Branches
 and
 the
 o • • • Lalay
Abala.
ALS2014B.
Labor
II.
 • Voluntary
 Arbitrators
 relative
 or
 accident
 to
 the
 certified
 case
before
it
 o Whenever
a
certified
labor
dispute
involves
a
business
entity
 with
 several
 workplaces
 located
 in
 different
 regions,...
View Full Document

This document was uploaded on 03/11/2014.

Ask a homework question - tutors are online