Employer or to work on materials from nonunion shops

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Unformatted text preview: declared
 to
 be
 illegal
 or
 improper
 by
 competent
 authority,
 the
 employees
ignore
or
disobey
them
at
their
peril.
 • Nonstrikeable:
salary
distortion
under
the
Wage
Rationalization
 Act
 o IBM
v.
NLRC
 Upon
 effectivity
 of
 the
 Wage
 Rationalization
 Act,
 the
 union,
 IBM
 presented
 a
 demand
 for
 the
 correction
 of
 significant
 distortion
 in
 the
 workers’
 wage.
 SMC
 rejected
 union
 proposal.
 Employees
 abandoned
their
work
schedule
and
reverted
to
the
 8
hour
shift.
Losses
to
SMC.
 The
 legislative
 intent
 that
 dealing
 with
 wage
 distortion
 shall
 be
 sought
 by
 voluntary
 negotiation
 or
arbitration
is
clear
in
the
law.
Any
issue
involving
 wage
 distortion
 shall
 not
 be
 a
 ground
 for
 a
 strike/lockout.
 CBA
 between
 union
 and
 SMC
 also
 provided
for
other
ways
to
deal
with
dispute.
Partial
 strike
was
illegal
 • Nonstrikeable:
inter­union
or
intra­union
dispute
 13. Fourth
factor
in
legality
of
strike:
means
and
methods
 • No
person
engaged
in
picketing
shall
–
 o Commit
any
act
of
violence,
coercion
or
intimidation,
or
 o Obstruct
 the
 free
 ingress
 to
 or
 egress
 from
 the
 employer’s
 premises
for
lawful
purposes,
or
 o Obstructs
public
thoroughfares
 • Use
of
violence
or
threats
in
pursuing
labor
rights
is
punishable
under
 the
RPC

arresto
mayor
and
a
fine
not
exceeding
300
 • Threats,
coercion
or
violence
 o The
 mere
 filing
 of
 charges
 against
 an
 employee
 for
 alleged
 illegal
acts
during
a
strike
does
not
by
itself
justify
dismissal.
 Charges
 must
 be
 proved
 at
 an
 investigation
 duly
 called
 • Lalay
Abala.
ALS2014B.
Labor
II.
 where
the
employee
shall
be
given
an
opportunity
to
defend
 himself.
 • Violence
on
both
sides
 o Where
violence
was
committed
on
both
sides
during
a
strike,
 such
violence
cannot
be
a
 ground
for
declaring
the
strike
as
 illegal.
 (Two
 wrongs
 can’t
 make
 a
 right,
 guys.
 Ang
 haba
 ng
 labor.
Why,
Atty.
Villegas,
whhhy
)
 • Responsibility
for
use
of
force:
individual
or
collective?
 o Individual
 o BUT
 a
 different
 conclusion
 would
 be
 called
 for
 if
 the
 existence
 of
 force
 while
 the
 strike
 lasts
 was
 persuasive
 and
 widespread
 consistently
 and
 deliberately
 resorted
 to
 as
 a
 matter
of
policy.
 o In
order
to
hold
a
labor
organization
liable
for
the
unlawful
 acts
of
individual
officers,
agents
or
members,
there
must
be
 proof
of
actual
authorization
or
ratification
of
such
acts
after
 actual
knowledge
thereof
 • Minor
disorders
 o We
 think
 it
 must
 be
 conceded
 that
 some
 disorder
 is
 unfortunately
quite
usual
in
any
extensive
or
long
d...
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