PLAI

Labor Law

Entitlement to backwages after illegal strike practice question

The employees of Tastee Diner, Inc. formed a labor union, which later staged two strikes against the company. The first strike was conducted without filing a notice of strike or observing the cooling-off period, while the second, though procedurally compliant, involved some union members blocking delivery vans and discouraging customers from entering the restaurant. After the strikes, Tastee Diner dismissed several union officers and members. The Labor Arbiter found the strikes illegal but ordered reinstatement of union members who did not commit illegal acts during the strikes. On appeal, the Court ordered separation pay in lieu of reinstatement due to the passage of over 20 years since dismissal, but deleted the award of backwages. The union members argue they should still receive backwages since they did not personally commit illegal acts during the strikes. Are the reinstated union members entitled to backwages? Explain.