As a result of bargaining deadlock between ROSE Corporation and ROSE Employees Union, its members staged a strike. During the strike, several employees committed illegal acts. The company refused to give in to the union’s demands. Eventually, its members informed the company of their intention to return to work. 10%
1. Can ROSE Corporation refuse to admit all the strikers?
2. Assuming the company admits all the strikers, can it later on dismiss those employees who committed illegal acts?
3. If due to the prolonged strike, ROSE Corporation hired replacements, can it refuse to admit the replaced strikers?
1 comment:
XI.
1.
No. Rose Corporation can refuse to admit only the workers who committed illegal acts during the strike. Under the law, any worker or union officer who knowingly participates in the commission of illegal acts during a strike may be declared to have lost their employment status. The law grants to the employer the option of declaring loss of employment status.
2.
If the company admits all the strikers, it cannot later on dismiss those employees who committed illegal acts on such ground because of estoppel. If the company did not exercise its right to dismiss such workers and admits them back, said right is waived.
3.
No. The Labor Code is explicit that mere participation of a worker in a lawful strike shall not constitute sufficient ground for termination of his employment even if a replacement had been hired by the employer during such lawful strike.
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