Question 17, 2018 Labor Law Bar Exam

XVII.

(Question XVII, Labor Law, 2018 Bar Exam)

Upon compliance with the legal requirements on the conduct of a strike, Navarra Union staged a strike against Newfound Corporation on account of a collective bargaining deadlock. During the strike, some members of Navarra Union broke the windows and punctured the tires of the company-owned buses. The Secretary of Labor and Employment assumed jurisdiction over the dispute.

(a) Should all striking employees be admitted back to work upon the assumption of jurisdiction by the Secretary of Labor and Employment? Will these include striking employees who damaged company properties? (2.5%)

(b) May the company readmit strikers only by restoring them to the payroll? (2.5%)

Suggested Answer:

(a) Yes, under the Labor Code, the assumption of jurisdiction by the DOLE Secretary comes with an immediate effect, such as the order for the workers to return to work immediately and for the employer to readmit all workers under the same terms and conditions prevailing before the strike or lockout, or the return-to-work order. This includes striking employees who damaged company properties.

(b) No. Answer

Under the Labor Code, all workers must immediately return to work and all employers must readmit all of them under the same terms and conditions prevailing before the strike or lockout. Labor law jurisprudence has defined “under the same terms and conditions” as contemplating only actual reinstatement. Rule

In the case at bar, the DOLE Secretary has assumed jurisdiction, which comes with it a return to work order. The company should thus readmit strikers under the same terms and conditions prevailing before the strike, which is limited only to actual reinstatement. Payroll reinstatement is not an option. Apply

Thus, the company not readmit strikers only by restoring them to the payroll. Conclusion

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(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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