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TechnoNova Ltd., a private IT services firm with 350 employees, is represented by TechnoNova Workers Union (TNWU), the exclusive bargaining agent. After months of bargaining over a new collective bargaining agreement focusing on performance-based incentives and remote-work policies, TNWU calls a one-day peaceful strike with a picket line at the main gate and a partial work stoppage in two departments. 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 for resolution. There is no violence or property damage; production is paused only in the affected departments and non-striking sections continue to operate. Management contends the strike is unlawful for two reasons: (i) the issues fall outside a legitimate labor dispute; and (ii) a partial stoppage in a subset of departments 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 TNWU strike lawful? Are there potential liabilities for the union or the employer?

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Clara

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