Question XIII, Labor Law, 2017 Bar Exam

A.

Given that the liability for an illegal strike is individual, not collective, state when the participating union officers and members may be terminated from employment because of the illegal strike. Explain your answer. (4%)

B.

A sympathetic strike is stoppage of work to make common cause with other strikers in another establishment or business. Is the sympathetic strike valid? Explain your answer. (1%)

C.

Due to business recession, Ballistic Company retrenched a part of its workforce. Opposing the retrenchment, some of the affected employees staged a strike. Eventually, the retrenchment was found to be justified, and the strike was declared illegal; hence, the leaders of the strike, including the retrenched employees, were declared to have lost their employment status.

Are the striking retrenched employees still entitled to separation pay under Sec. 298 (283) of the Labor Code despite the illegality of their strike? Explain your answer. (2%)

Suggested Answer:

A. Any union officer who knowingly participates in an illegal strike or who knowingly participates in the commission of illegal acts during a strike may be declared to have lost his employment status.

Any union member who knowingly participates in the commission of illegal acts during a strike may be declared to have lost his employment status.

B. No. Answer

Under the Labor Code, a strike may be declared only in the following cases:

1) Bargaining deadlocks;

2) Unfair labor prac...

 



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