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Ardent Electronics, a private manufacturing company with 700 employees, is represented by the Ardent Workers Union (AWU), its exclusive bargaining agent. After months of bargaining for a new collective bargaining agreement focusing on wage scales and protections against outsourcing, AWU calls a three-day peaceful strike with a picket line at the main gate and a partial work stoppage in four of ten production lines. The union has given written notice of the strike to the employer and to the Department of Labor and Employment, and has sought assistance from the National Conciliation and Mediation Board (NCMB) to resolve the dispute. There is no violence or property damage; non-striking lines continue to operate. The employer contends the strike is unlawful for two reasons: (i) the issues concern outsourcing policy and wage scales, which the employer claims are corporate policy rather than a labor dispute; and (ii) a partial stoppage in only a portion of the plant renders the strike unlawful. (a) Identify the controlling doctrine governing strikes in the Philippines. (b) Distinguish between a lawful strike and an unlawful strike under the Labor Code. (c) Apply the doctrine to the facts: Is the AWU strike lawful? Are there potential liabilities for the union or the employer?

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Clara

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