This case has been cited 1 times or more.
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2007-10-19 |
VELASCO, JR., J. |
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| This was squarely answered in Gold City Integrated Port Service, Inc. v. NLRC,[49] where it was held that an ordinary striking worker cannot be terminated for mere participation in an illegal strike. This was an affirmation of the rulings in Bacus v. Ople[50] and Progressive Workers Union v. Aguas,[51] where it was held that though the strike is illegal, the ordinary member who merely participates in the strike should not be meted loss of employment on the considerations of compassion and good faith and in view of the security of tenure provisions under the Constitution. In Esso Philippines, Inc. v. Malayang Manggagawa sa Esso (MME), it was explained that a member is not responsible for the union's illegal strike even if he voted for the holding of a strike which became illegal.[52] | |||||