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illegal termination and union busting

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1 illegal termination and union busting on Tue May 13, 2014 11:23 am

jopok_69


Arresto Menor
hi good am...the company terminated our union officials(we are under CBA nego)because of article 282 of labor code as basis..illegal strike...here is what happened..last april 9,,90% of the regular employees who are union members did not report for work even though the management have in many instances informed the employees that they are being required to work on that day..all premiums as mandated by law is to be given and cited ART..94 of labor code as basis...in reality some union official indeed talk to its members asking or in a indirect manner telling the member not to report for work that day(april 9) and in the coming holidays(april 17/19) citing that we are in the process of cba nego and that we must show unity..like i mentioned above,come april 9,90% of workers did not report for work,,next day he management issued ES or explanation slip to those employees asking for their reason,,union official initially told members to right under protest on their ES,after some time asked the members to give them their ES so that its the union officials that will answer,but then again after some time officials return said ES to members advising them to just give the real reason for not reporting to work on the said date. Come April 17 and 19, 75% of employees still did not report for work. Come May 5, management terminates union officials on the grounds of illegal strike. The termination was effective on the very same day.

Questions:
1. Does the company have a basis for terminating said officials?
2. Was due process observed or followed in the termination procedure?
3. Will this affect the existence of the union? The current CBA negotiation?

Technically I assume that since the officials were terminated and can be considered as no longer employees of the company, therefore they can no longer be considered members and officials of the union. Am I correct in assuming this? Right now these terminated officials continue to orchestrate and give instructions to members regarding activities and mobilizations. Should they still be followed by the union members? The terminated officials whose term of office will end this September still did not file a case against the company to the Department of Labor.

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2 Re: illegal termination and union busting on Tue May 13, 2014 12:11 pm

council


Reclusion Perpetua
1. Yes, they have basis.
2. No, due process was not observed.
3. No union officers - then elections to be held.

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3 Re: illegal termination and union busting on Wed May 14, 2014 12:49 am

jopok_69


Arresto Menor
by the way since officials were terminated..its follows that they can no longer be considered as member or much more union officials,,,for in order to be a union member,you must first be an employee,,to be an official you must first be a union member..am i right in this assumption?the thing is said terminated official continue to send or command the membership,calling for meeting,,mass actions..pickets and the like,,what will be its possible effect to the member who continue to follow such orders?and another thing,,said officials continue to hold office at the unions office,and they stiil have access to union funds and bank account..who could or what is the best action to protect the fund from possible loss?



Last edited by jopok_69 on Sat May 17, 2014 12:55 am; edited 1 time in total (Reason for editing : mispelled)

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