198 - Rizal Cement Workers v. CIR
198 - Rizal Cement Workers v. CIR
198 - Rizal Cement Workers v. CIR
CIR
May 16, 1962 | Paredes, J. |
Digester: Alexis Bea
SUMMARY: Due to disagreements regarding collective bargaining
negotiations, RCW filed a Notice of Strike. During the Conciliation
Service, another Union (NWB) contracted a CBA with the
company. RCW then went on strike and the strike became violent.
CIR ordered the Company to reinstate all the striking members of
petitioner union to their former positions or substantially
equivalent positions, without back wages. Both parties sought an
MR which was denied. Thus, this petition for review. SC held that
RCW are not entitled to backwages. There is no finding of the CIR
that there was a lockout.
DOCTRINE: It could not be denied that the strikers failed to earn
the wages they ought to have received when they offered to return
to work but not accepted; but it likewise could not be denied that
because of the strike and how it was carried out, the employer also
suffered.
FACTS:
Petitioner Union sent to respondent company, a letter
containing a set of proposals for the purpose of entering into a
collective bargaining contract with it.