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Question XVI
XVI. The Alliance of Independent Labor Unions (AILU) is a legitimate labor federation which represents a majority of the appropriate bargaining unit at the Lumens Brewery (LB). While negotiations were ongoing for a renewal of the collective bargaining agreement (CBA), LB handed down a decision in a disciplinary case that was pending which resulted in the termination of the AILU's treasurer and two other members for cause. AILU protested the decision, claiming that LB acted in bad faith and asked that LB reconsider. LB refused to reconsider. AILU then walked out of the negotiation and declared a strike without a notice of strike or a strike vote. AILU members locked in the LB management panel by barricading the doors and possible exits (including windows and fire escapes). LB requested the DOLE to assume jurisdiction over the dispute and to certify it for compulsory arbitration.
The Secretary of Labor declined to assume jurisdiction, finding that the dispute was not one that involved national interest. LB then proceeds to terminate all of the members of the bargaining agent on the ground that it was unlawful to:
(1) barricade the management panel in the building, and (2) participate in an illegal strike.
(a)(a) Was AILU justified in declaring a strike without a strike vote and a notice of strike? Why or why not? (3%)
(b)(b) Was the Secretary of Labor correct in declining to assume jurisdiction over the dispute? (2%)
(c)(c) Was LB justified in terminating all those who were members of AILU on the two grounds cited? (3%)
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