For everyyearofservicewhicheverishigher

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Unformatted text preview: illegality
of
strike
 • Company
wrote
the
workers
a
letter,
 inviting
the
workers
to
return
to
 their
 posts,
 without
 making
 reference
 to
 the
 pending
 case,
 or
 imposing
any
condition
or
alteration
of
the
terms
of
the
employment,
 and
 was
 thus
 a
 waiver
 of
 any
 right
 to
 consider
 the
 strikers
 as
 wrongdoers,
 such
 invitation
 was
 accepted
 by
 strikers
 
 parties
 had
 both
 abandoned
 their
 original
 positions
 and
 come
 to
 a
 virtual
 28
 compromise
 and
 agreed
 to
 resume
 unconditionally
 their
 former
 relations
 • Where
the
employer
voluntarily
agreed
to
reinstate
the
strikers,
such
 agreement
 on
 the
 part
 of
 the
 employer
 constitutes
 a
 waiver
 of
 the
 defense
that
the
strike
was
illegal
 10. Generally,
no
backwages
in
strike
 • Economic
strike
 o In
 an
 economic
 strike,
 the
 strikers
 are
 not
 entitled
 to
 backwages
 on
 the
 principle
 that
 “a
 fair
 day’s
 wage”
 accrues
 only
for
a
“fair
day’s
labor”
 o In
a
case
where
a
laborer
absents
himself
from
work
because
 of
 a
 strike
 or
 to
 attend
 a
 conference
 or
 hearing
 in
 a
 case
 or
 incident
 between
 him
 and
 his
 employer,
 he
 might
 seek
 reimbursement
 of
 his
 wages
 from
 his
 union
 which
 had
 declared
the
strike
or
filed
the
case
in
the
industrial
court.
Or
 he
might
have
his
absence
from
his
work
charged
against
his
 vacation
leave
 o PHILMAROA
v.
CIR
 PHILMAROA
 presented
 list
 of
 demands
 to
 the
 companies,
 including
 standardization
 and
 increase
 of
salaries.
Went
on
strike.

 Issue:
 W/N
 strikers
 should
 be
 entitled
 to
 reinstatement
 with
 backwages?
 Yes
 to
 reinstatement;
no
to
backwages
 Strike
 was
 resorted
 to
 as
 an
 economic
 weapon
 to
 compel
 the
 company
 to
 grant
 improvement
 in
 the
 pay
 of
 the
 members
 of
 the
 union.
 The
 strike
 was
 by
 all
means
a
voluntary
act
on
the
part
of
the
strikers,
 not
one
to
which
they
are
compelled
by
reason
of
any
 act
 of
 discrimination
 or
 ULP.
 No
 commission
 of
 any
 ULP
is
involved
in
this
case.
The
grant
of
backpay
is,
 therefore,
to
be
governed
by
the
general
principle
of
 ‘fair
day’s
wage
for
a
fair
day’s
labor’.
 • Unfair
labor
practice
strike
 o Cromwell
Commercial
Employees
and
Laborers
Union
v.
CIR
 2
types
of
employees
involved
in
ULP
cases
should
be
 distinguished,
 namely,
 those
 who
 were
 discriminatorily
 dismissed
 for
 union
 activities
 an...
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