(5 POINTS)
Some officers and rank-and-file members of the union staged an illegal strike. Their employer wants all the strikers dismissed. As the lawyer, what will you advise the employer? Discuss fully.
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QUESTIONS IN THE 2007 PHILIPPINE BAR EXAMINATION.
INSTRUCTIONS:
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Please feel free to post your Suggested Answers to these Bar Questions.
You can also view and response to the opinions of others.
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TOPICS / KEYWORDS
- appeal (1)
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- codetermination (1)
- community of interest rule (1)
- compromise agreement (1)
- conciliation proceedings (1)
- criminal (1)
- disciplinary action (1)
- DOLE (1)
- employment of minor (1)
- employment status (1)
- foreigner (1)
- globe doctrine (1)
- househelp (1)
- illegal dismissal (1)
- illegal strike (1)
- labor arbiter (1)
- maternity leave (1)
- NLRC (1)
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- OFW (1)
- order of execution (1)
- PD 1508 (1)
- permit (1)
- POEA (1)
- procedure (1)
- recruitment (1)
- reinstatement or illegal dismissal (1)
- retirement due (1)
- single (1)
- unfair labor (1)
- valid strike (1)
2 comments:
XV.
I will advise the employer that he can dismiss the union officers but not the rank and file members of the union unless they committed illegal acts during the strike. Under the Labor Code, Any union officer who knowingly participates in an illegal strike and any worker who knowingly participates in the commission of illegal acts during the strike may be declared to have lost his employment status.
i have a school guard/watchman who belongs to the new regular status in the government service. He does not report to work during holidays even if this falls on weekdays. Others say he should report being a watchman and it is inherent in his job as a school watchman but this watchman refuses because he is a regular employee. He is already enjoying two rest days (saturdays and sundays) and reports to work eight hours a day.
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