O to be effective so as to entitle the strikers to

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Unformatted text preview: settled
 practices
 has
 no
 basis
 in
 law
 and
 jurisprudence.
 Article
 263(g)
 is
 clear
 that
 if
 a
 strike
 has
already
taken
place
at
the
time
of
assumption
of
 jurisdiction
or
certification,
all
striking
or
locked
out
 employees
shall
immediately
return
to
work
and
the
 employer
 shall
 immediately
 resume
 operations
 and
 readmit
 all
 workers
 under
 the
 same
 terms
 and
 conditions
prevailing
before
the
strike
or
lock­out.
 o When
the
DOLE
Secretary
assumes
jurisdiction
over
a
labor
 dispute
 in
 an
 industry
 indispensable
 to
 national
 interest,
 such
 assumption
 shall
 have
 the
 effect
 of
 automatically
 enjoining
 the
 intended
 or
 impending
 strike.
 The
 mere
 issuance
 of
 an
 assumption
 order
 by
 the
 Secretary
 automatically
carries
with
it
a
return‐to‐work
order.

 Rationale
 for
 this
 prohibition
 is
 that
 once
 jurisdiction
 over
 the
 labor
 dispute
 has
 been
 properly
acquired
by
the
competent
authority,
such
 jurisdiction
 should
 not
 be
 interfered
 with
 by
 the
 application
of
coercive
processes
of
a
strike
 o Noncompliance
 with
 order
 
 valid
 ground
 for
 loss
 of
 the
 employment
status
of
any
striking
union
officer
or
member
 Defying
the
RTWO
 o Sarmiento
v.
Tuico;
Asian
Transmission
Corp
v.
NLRC
 So
 imperative
 is
 the
 order
 in
 fact
 that
 it
 is
 not
 even
 considered
violative
of
the
right
against
involuntary
 servitude.
 The
 RTWO
 should
 benefit
 only
 those
 workers
 who
 comply
 with
 it
 and,
 regardless
 of
 
 the
 outcome
 of
 the
 compulsory
 arbitration
 proceedings,
 are
 entitled
 to
 be
 paid
 for
 the
 work
 they
 have
 actually
performed.

 One
 purpose
 of
 the
 RTWO
 is
 to
 protect
 the
 workers
 who
might
otherwise
be
locked
out
by
the
employer
 forthreatening
or
waging
the
strike.
Also,
to
prevent
 impairment
 of
 the
 national
 interest
 in
 case
 the
 Lalay
Abala.
ALS2014B.
Labor
II.
 • • • operations
of
the
company
are
disrupted
by
a
refusal
 of
the
strikers
to
return
to
work
as
directed
 Where
the
return
to
work
order
is
issued
pending
the
 determination
 of
 the
 legality
 of
 the
 strike,
 it
 is
 not
 correct
 to
 say
 that
 it
 may
 be
 enforced
 only
 if
 the
 strike
is
legal
and
may
be
disregarded
if
the
strike
is
 illegal.
 Defiance
of
RTWO,
an
illegal
act
 o Not
only
union
officers
but
also
union
members
who
defy
a
 RTWO
are
subject
to
dismissal
 o St.
Scholasti...
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This document was uploaded on 03/11/2014.

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