PLAI

Labor Law

Liability of union officers and members for illegal strike practice question

The United Workers Union is the certified bargaining agent of the rank-and-file employees of a luxury resort in Davao City. After a bargaining deadlock, the union filed a notice of strike on February 1, 2023. On February 25, 2023, the union held a strike vote and submitted the results to the National Conciliation and Mediation Board (NCMB) on February 28, 2023. On March 2, 2023, union members and officers staged a picket at the main entrance, blocking the driveway and preventing guests and employees from entering or leaving. The employer later dismissed 15 union officers and 40 union members for participating in the illegal strike and the obstruction. The union contests the dismissals, arguing that the strike was not illegal and that the members should not be dismissed because there was no proof of their individual participation in illegal acts. Should the dismissal of the union officers and members be upheld? Explain.