PLAI

Labor Law

Dismissal of union members for participation in illegal strike practice question

The City Beverage Employees Union is the certified bargaining agent for all regular office and sales employees of City Beverage Company’s Distribution Division. After their CBA expired and negotiations deadlocked, the union filed a notice of strike. A strike vote was held and, six days after submitting the strike vote results to the NLRC, the union staged a strike. The company filed a petition to declare the strike illegal for violating the seven-day strike ban. The strike lasted five months and ended with a new CBA. Later, the company terminated five employees, claiming they were union officers who participated in the illegal strike. The employees denied being union officers at the time of the strike, presenting a certification from the Bureau of Labor Relations listing the union officers for the relevant period, which did not include them. The company argued that by signing the CBA and related agreements, the employees acted as union officers and should be deemed as such. There was no evidence that the employees committed illegal acts during the strike. The employees filed a complaint for illegal dismissal. Should the complaint for illegal dismissal be granted? Explain.