Vpmog philsteams interrogation of its employees had

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Unformatted text preview: aining
 • Mere
 participation
 in
 a
 strike
 does
 not
 sever
 the
 employment
 relationship
 o Right
to
strike
includes
the
right
to
use
peaceable
and
lawful
 means
 to
 induce
 present
 and
 expectant
 employees
 to
 join
 the
ranks
of
the
strikers
 • Role
of
the
police
 o Involvement
 of
 the
 police
 is
 limited
 to
 the
 maintenance
 of
 peace
 and
 order,
 enforcement
 of
 laws
 and
 legal
 orders
 of
 duly
constituted
authorities
and
the
performance
of
specific
 functions
as
may
be
provided
by
law
 o Should
be
in
uniform,
with
proper
namecloth
at
all
times
 o Observe
strict
neutrality
 o Not
stationed
in
the
picket
(confrontation
line)
but
should
be
 stationed
such
that
their
presence
may
deter
the
commission
 of
 criminal
 acts
 from
 either
 side.
 They
 shall
 maintain
 themselves
 outside
 a
 50‐m
 radius
 from
 the
 picket
 line,
 except
 if
 such
 radius
 includes
 a
 public
 thoroughfare,
 they
 may
station
themselves
in
such
thoroughfare
for
the
purpose
 of
insuring
the
free
flow
of
traffic
 o Any
person
who
obstructs
the
free
and
lawful
ingress
to
and
 egress
 from
 the
 employer’s
 premises
 or
 who
 obstructs
 public
 thoroughfares
 may
 be
 arrested
 and
 accordingly
 charged
in
court
 o Unlawful
 for
 police
 to
 bring
 in,
 introduce
 or
 escort
 any
 individual
 who
 seeks
 to
 replace
 strikers
 in
 entering
 or
 leaving
the
premises
of
a
strike
area,
or
work
in
place
of
the
 strikers
 Status
of
strikers
 • Employment
 relationship
 not
 necessarily
 terminated
 by
 a
 strike;
 although
they
cease
to
work,
they
retain
their
position
 • Notion
of
“striking
employee”
 o Employer‐employee
relationship
is
merely
suspended.
Thus,
 a
striking
employee
is
still
an
employee
 o Article
 212(f)
 
 employee
 includes
 any
 individual
 whose
 work
 has
 ceased
 as
 a
 result
 of
 or
 in
 connection
 with
 any
 labor
 dispute
 or
 because
 of
 ULP
 if
 he
 has
 not
 obtained
 any
 other
substantially
equivalent
and
regular
employment
 o Effects
 of
 employment
 are
 suspended,
 hence
 a
 striking
 employee,
 as
 a
 rule,
 is
 not
 entitled
 to
 his
 wage
 during
 the
 strike
 • 8. 10
 Retention
 by
 striking
 employees
 of
 their
 employee
 status
 under
the
act
(Wagner
Act)
has
2
consequences
–
 Employer’s
 obligation
 to
 bargain
 collectively
 in
 good
 faith
 with
 his
 employees
 c...
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This document was uploaded on 03/11/2014.

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