Question 22 of 31
Labor Law
Illegality of Strike After Assumption of Jurisdiction practice question
The Employees' Union of MetroTel staged a strike on November 15, 2022, after filing two notices of strike—one for alleged unfair labor practices and another for bargaining deadlock. During a conciliation meeting at the National Conciliation and Mediation Board (NCMB), both MetroTel and the Union were advised to maintain the status quo. Despite this, the Union proceeded with the strike, barricading all entrances to the company premises and preventing other tenants from entering or leaving. The Secretary of Labor issued an assumption of jurisdiction order on November 16, 2022, directing all striking employees to return to work within 24 hours. The Union officers and members, however, continued the strike and refused to comply with the return-to-work order. MetroTel now seeks to terminate the employment of the Union officers and members who participated in the strike and defied the return-to-work order. Should MetroTel's petition for termination be granted? Explain.