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Question VII

2009 Bar · Labor Law · 1 sub-question

VII. Johnny is the duly elected President and principal union organizer of the Nagkakaisang Manggagawa ng Manila Restaurant (NMMR), a legitimate labor organization. He was unceremoniously dismissed by management for spending virtually 95% of his working hours in union activities. On the same day Johnny received the notice of termination, the labor union went on strike. Management filed an action to declare the strike illegal, contending that: The union did not observe the "cooling-off period" mandated by the Labor Code; (2%) and The union went on strike without complying with the strike-vote requirement under the Labor Code. (2%) Rule on the foregoing contentions with reasons. The Labor Arbiter found management guilty of unfair labor practice for the unlawful dismissal of Johnny. The decision became final. Thereafter, the NMMR filed a criminal case against the Manager of Manila Restaurant. Would the Labor Arbiter’s finding be sufficient to secure the Manager’s conviction? Why or why not? (2%)

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