GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION

I. DEFINITION OF TERMS

What is a grievance?

• “Grievance” is any question by either the employer or the union regarding

the interpretation or application of the CBA or company personnel policies or
any claim by either party that the other party is violating any provision of the
CBA or company personnel policies.

• It is a complaint or dissatisfaction from the interpretation or implementation

of the CBA and those arising from interpretation or enforcement of personnel
policies.

What is a grievance machinery?

• It refers to the mechanism for the adjustment and resolution of grievances

arising from the interpretation or implementation of a CBA and those arising
from interpretation or enforcement of company personnel policies. It is part
of the continuing process of collective bargaining.

What is a grievance procedure?

• It refers to the internal rules of procedure established by the parties in their

CBA with voluntary arbitration as the terminal step, which are intended to
resolve all issues arising from the implementation and interpretation of their
CBA.

• All grievances submitted to the grievance machinery which are not settled
within seven(7) calendar days from the date of submission shall be
automatically be referred to VOLUNTARY ARBITRATION prescribed in the CBA.

May a grievance be brought to a voluntary arbitration without passing through

grievance procedure under the CBA?

• Yes , it is submitted that a grievance maybe brought directly to voluntary

arbitration without passing throught the grievance machinery, especially
when the latter has been proven to be ineffective in the past ,or when the
parties inadvertently failed to include a grievance machinery provision in
their CBA.

• Article 262 of the labor code provides that upon AGREEMENT OF THE
PARTIES,the VA can hear and decide all other labor disputes.
 • Parties to the CBA shall name and designate in advance a voluntary arbitrator
or panel of voluntary arbitrators or include in the agreement a procedure for
the selection of such voluntary arbitrator , preferably from the listing of
qualified VA duly accredited by the NCMB. In case the parties shall fail to
designate VA, the NCMB shall designate the VA or panel of VA’s, as may be
necessary, pursuant to the selection and procedure agreed upon in the CBA,
which shall act with the same force and effect as if the arbitrator or panel of
arbitrators has been selected by the parties.

What is Voluntary Arbitration?

• It refers to the mode of settling labor-management disputes by which the

parties select a competent , trained and impartial third person who shall
decide on the merits of the case and whose decision is final and executory.

II. PROCEDURE

 GRIEVANCE

Procedure in Handling Grievances:

1. An employee shall present his grievance orally or in writing to the shop

steward. Upon receipt the shop steward shall verify the facts whether or not
the grievance is valid

2. If valid, the shop steward shall inform the immediate superior of the
employee. The shop steward, employee, and his immediate superior shall
exert all efforts to settle grievance at their level.

3. If no settlement is reached, the grievance shall be referred to the grievance

committee which shall have 10 days to decide the case.

(Sec 2,D.O no 40-03)

Where the issue involves or arises from the interpretation or implementation

of a provision in the CBA, or from any order , memo or circular issued by the
appropriate authority of the establishment, and such issue cannot be
resolved at the level of the shop steward or the supervisor, the same shall be
referred immediately to the grievance committee.
  UNRESOLVED GRIEVANCES

• It shall be referred to the VOLUNTARY ARBITRATOR or PANEL of

ARBITRATORS

• As designated in their CBA, If the CBA does not designate the VA

• The Board shall call the parties to appoint their VA

• If the parties fail to agree on the VA, the regional branch of the board shall
designate the VA or Panel arbitrators, as maybe necessary, which shall have
the same force and effect as if the parties appointed them.

 PRIMARY FUCTIONS OF VOLUNTARY ARBITRATOR

• To provide a process for the orderly disposition of disputes

• A foundation for stable labor management relations

NOTA BENE:

A dispute pending in voluntary arbitration cannot be subject of a strike or lockout

notice.

Who is a voluntary arbitrator?

• It refers to any person who has been accredited by the NCMB as such, or any
person named or designated in the CBA by the parties as their voluntary
arbitrator or one chosen by the parties with or without the assistance of the
board, pursuant to a selection procedure agreed upon in the CBA or one
appointed by the Board in case either of the parties to the CBA refuses to
submit to voluntary arbitration. The term in includes Voluntary Arbitrators.

Who maybe credited as voluntary arbitrator?

1. Filipino citizen residing in the Philippines

2. Holder of Bachelors degree in any field of behavioral or applied sciences or

equivalent educational trainings short of a bachelors degree
 3. At least 5 years of experience in Labor-management relations

4. Completion of a training course on voluntary arbitration conducted by the

board.

5. A person of good moral character, noted for impartiality , probity and has not
been civilly, criminally and administratively adjudged guilty of any offense
involving moral turpitude as evidenced by a duly sworn affidavit.

Jurisdiction of Voluntary Arbitrators or Panel of Voluntary Arbitrators

Original and exclusive jurisdiction to hear and decide:

• All UNRESOLVED GRIEVANCES arising from interpretation or

implementation of the Collective bargaining agreement

• Interpretation and enforcement of company personnel policies

It also has jurisdiction over violations of the Collective Bargaining Agreement

• EXCEPT, Those Gross in Character Which shall fall under the

jurisdiction of Labor arbiter

What is meant by Gross Violations?

• Flagrant and or malicious refusal to comply with the economic

provisions of such agreement.

Jurisdiction over termination disputes:

• There must be unequivocal agreement between the parties to submit

the case to voluntary arbitration.

Company personnel policies:

• Guiding principles stated in broad and long ranged terms that express
the philosophy or beliefs of an organization’s top priority regarding
personnel matters.

• Example of these: Administration of wages and benefits, Rules and

Regulations governing disciplinary actions.

HOW VOLUNTARY ARBITRATION IS INITIATED?

• Submission
 • By demand or notice invoking a collective agreement arbitration clause

Submission is sometimes called a “stipulation” or an “agreement to

arbitrate”.

• It is used when there is no previous agreement to arbitrate

• Must be signed by both parties

• Names an arbitrator

• Procedure in the hearing and arbitrators authority

• Other matters in which the parties wishes to control

Voluntary arbitrator must render a decision within 20 days from the date of
submission of dispute to voluntary arbitration.

It shall be final and executory after 10 days from the receipt of the copy of the
award or decision by the parties.

How is the decision of a voluntary arbitrator enforced?

• Under article 252-A of the labor code, upon motion of any interested party,
the voluntary arbitrator or panel of VA, or the Labor Arbiter in the region
where the movant resides ,incase of the absence or incapacity of the VA, for
any reason, may issue a writ of execution requiring either the sheriff of the
NLRC or regular courts or any public official whom the parties may
designate in the submission agreement to execute the final decision , order
or award.

NO MOTION FOR RECONSIDERATION ALLOWED:

• Section 7 , Rule XIX D.O 40-03: The decision, order , resolution or award of
the VA or panel of VA shall be final and executor after 10 calendar days from
receipt of the copy of the award or decision by the parties and shall not be
subject of a motion for reconsideration.

REMEDY:

FROM VA TO CA: MODE OF APPEAL IS RULE 43 not 65.

 • Indeed the Supreme court took this decision into consideration in approving
the 1997 Rules of Civil procedure: Pertinent provision of RULE 43

RULE 43
APPEALS FROM THE COURT OF TAX APPEALS
AND QUASI-JUDICIAL AGENCIES
TO THE COURT OF APPEALS

Section1.-Scope.

This Rule shall apply to appeals from judgments or final orders of the Court of Tax
Appeals and from awards, judgments, final orders or resolutions of or authorized by
any quasi-judicial agency in the exercise of its quasi-judicial functions. Among these
agencies are the Civil Service Commission, Central Board of Assessment Appeals,
Securities and Exchange Commission, Office of the President, Land Registration
Authority, Social Security Commission, Civil Aeronautics Board, Bureau of Patents,
Trademarks and Technology Transfer, National Electrification Administration,
Energy Regulatory Board, National Telecommunications Commission, Department of
Agrarian Reform under Republic Act No. 6657, Government Service Insurance
System, Employees Compensation Commission, Agricultural Inventions Board,
Insurance Commission, Philippine Atomic Energy Commission, Board of
Investments, Construction Industry Arbitration Commission, and voluntary
arbitrators authorized by law.

STRIKES AND LOCKOUTS

Right to engage in concerted activities :

Source: Among the rights guaranteed to employees by the constitution and the
Labor Code is that of engaging in concerted activities in order to attain their
legitimate objectives.

CONSTITUTION: Article XIII Section 3 of the constitution commands the state to

guarantee the rights of all workers to self organization , collective bargaining and
negotiations and peaceful concerted activities ,including the right to strike in
accordance with law.

LABOR CODE: Article 263 “Workers shall have the right to engage in concerted
activities for purposes of collective bargaining or for their mutual benefit and
protection.

i. Definition of terms:

What is a strike?

• A strike is any temporary stoppage of work by the concerted action of the

employees as a result of an industrial or labor dispute. It consists not only of
concerted work stoppages but also slowdowns, mass leaves, sitdowns,
 attempts to damage, destroy or sabotage plant equipment and facilities and
similar activities.

What is a lockout?

• A lockout is any temporary refusal of an employer to furnish work as a result

of an industrial or labor dispute.

What is picketing?

• Picketing or Peaceful Picketing is the right of workers to peacefully march to

and from before an establishment involved in a labor dispute generally
accompanied by the carrying and display of signs , placards and banners
intended to inform the public about the dispute.

• Right to picket is protected by the constitution and the law

The right to picket is part of the right guaranteed under the law to
“engage in concerted activities for purposes of collective bargaining

II.Nature and characteristics

Strike has been considered the most effective weapon of labor in protecting the
rights of employees to improve the terms and conditions of their employment. In
underdeveloped countries, where the economic crunches continues to enfeeble the
already marginalized working class, the importance of the right to strike remains
undiminished as indeed it has proved many a time as the only coercive weapon that
can correct abuses against labor.(Bisig ng Mangagawa sa Concrete Aggregates inc.
vs NLRC et al. September 16,1993 GR no. 105090)

Who can avail of strikes? Legitimate Labor Organization

A strike has the following characteristics:

1.) There must be an established relationship between the strikers and the
person against whom the strike is called.

2.) The relationship must be one of employer and employee

3.) The existence of a dispute between the parties and the utilization by labor
of the weapon and concerted refusal to work as a means of persuading or
coercing compliance with the working men’s demands

4.) The contention is advanced by the workers that although work ceases, the
employment relations is deemed to continue albeit in a state of
belligerent suspension

5.) There is temporary work stoppage

 6.) Work stoppage is due to concerted action of the employees

7.) The striking group is a legitimate labor organization and in case of

bargaining deadlock, is the employees sole bargaining representative.

Objective of strike:

The idea behind a strike is that a company engaged in a profitable business

cannot afford to have its production or activities interrupted much less paralyzed. It
is therefore a coercive activity resorted to by laborers to enforce their demands.

III.Procedure of strike/lockout

(Procedure between strike and lockout are almost the same, the only difference is
that strike’s are filed by the employee’s(legitimate labor union) and lockout’s are
filed by the employer)

WHO:

Q: Who can file a strike any union or a legitimate labor union?

A: It should be a legitimate labor union. Non legitimate labor union cannot file a
notice to strike.

Q: Who can file lockout?

A: The employer

Q: What is meant by notice of strike/lockout?

A: Written notification filed by a duly registered labor union/employer with the

appropriate NCMB regional branch informing the latter of its intention to go on
strike because of alleged commission by the employer/union of ULP act/s or
because of deadlock in collective bargaining negotiations.

WHERE:

Q: Where to file a notice of strike?

A: regional office of the NCMB which has jurisdiction.

GROUNDS:

Q: What are the grounds to strike?

A: Unfair Labor Practice or bargaining deadlock.

Q: Is the Union required to furnish a copy of the notice to strike to the employer?

A: Yes.

- When you file a notice of strike, the NCMB who is notified thereof is expected
to conduct a mediation and conciliation conference. The purpose of that,
 class, is to explore the possibility of settling the labor dispute and avoid the
conduct of strike or lockout.

Q: What is a cooling off period?

A: In case of bargaining deadlocks, the duly certified or recognized bargaining agent

may file a notice of strike or the employer may file a notice of lockout with the
Ministry at least 30 day before the intended date thereof. In cases of unfair labor
practice, the period of notice shall be 15 days and in the absence of a duly certified
or recognized bargaining agent, the notice of strike may be filed by any legitimate
labor organization in behalf of its members. However, in case of dismissal from
employment of union officers duly elected in accordance with the union
constitution and by-laws, which may constitute union busting, where the
existence of the union is threatened, the 15-day cooling-off period shall
not apply and the union may take action immediately.

Q: What is union busting?

A: In case of dismissal from employment of union officers duly elected in

accordance with the union constitution and by-laws, which may constitute union
busting, where the existence of the union is threatened

Q: During the cooling off period the parties are expected to continue attending the
conference and conciliation before the NCMB to explore the possibility of a
compromise. Now, it may happen that the union will feel that there is no chance of
settling the labor dispute, in which case the union is allowed to conduct a strike
vote. If they wish to conduct a strike vote should the need to notify the NCMB?

A: The rules required that they notify the NCMB within 24 hours.

Q: How will the union conduct a strike vote?

A: By secret ballot; must have a meeting or referenda for the purpose; and the
strike vote must be supported by the majority of the members of the union./In
case of employer majority of the board of directors

Q: For whose benefit is the strike vote?

A: Employee, they will be assured that they will be ready to conduct the same, that
majority has been reached. IMPRIMATUR OF THE MAJORITY

Q: The result of the strike vote, is it required to be submitted?

A: Yes, at least seven days before the intended date of strike, otherwise known as
the 7 day waiting period or the 7 day STRIKE BAN. This is 7 calendar days.

Q: What is the purpose of the 7 day waiting period or the 7 day strike ban?

A: To enable the NCMB to determine whether the workers really intends to stage a
strike, and whether it has the support of the majority of the members.

TO SUMMARIZE: (note pacific measures must first be exhausted before

strikes/lockouts are declared)
1.)File notice of strike to the regional office of the NCMB (also furnish a copy
to the employer of the notice of strike)

2.)Observe cooling off period( 30 days for Bargaining deadlock; 15 days for
Unfair Labor Practice; 0 days for Union Busting) to enable parties to amicably settle
the case.

3.)If not resolved, conduct a strike vote and inform the NCMB 24 hours prior
the intended day of conducting the strike vote.

4.) Submit the result of the strike vote at least 7 days before the intended
date of strike. (7 day strike ban)

5.)If NCMB is satisfied that the conduct of strike vote was properly done, after the
Lapse of 7 days the employees may now conduct their strike, or the
employer may now proceed with its lockout.

Validity of strike:

• Fundamentally a strike can validly take place only in the presence of and in
relation to a LABOR DISPUTE between the employer and employees involved.

• Article 212 (o) states that “a strike is any temporary stoppage of work by the
concerted action of employees as a result of an industrial or labor dispute.

• Where there is no dispute or the dispute has nothing to do with the terms and
conditions of employment in the establishment, the stoppage of work by the
employees has no basis.

Labor dispute:

• According to the same article “includes any controversy or matter

concerning terms and conditions of employment or the association or
representation of persons in negotiating , fixing, maintaining, changing or
arranging the terms and conditions of employment, regardless of whether the
disputants stand in proximate of employer and employee.”

IV.LEGALITY OF STRIKE: THE SIX FACTORS AFFECTING THE LEGALITY

The authoritative Ludwig Teller says that an illegal strike is one which:

1. Is contrary to a specific prohibition of law

2. Violates a specific requirement of law

3. Is declared for an unlawful purpose

4. Employs unlawful means in the pursuit of its objective, such as widespread

terrorism of non strikers
 5. Is declared in violation of an existing injunction

6. Is contrary to an existing agreement, such as a no strike clause or conclusive

arbitration clause

I. First factor: Statutory Prohibition

As discussed in articles 243-246, government employees have the

right to organize.But they do not have the right to strike. A strike held
by them is an example of a strike that violates a legal prohibition
,hence, illegal.

As it was held in the case of

GSIS versus KAPISANAN NG MGA MANGGAGAWA SA GSIS ,2006 Dec 6; G.R. No.
170132:

It was against the backdrop of the aforesaid provisions of the 1987 Constitution
that the Court resolved Bangalisan v. Court of Appeals. In it, we held, citing MPSTA
v. Laguio, Jr., that employees in the public service may not engage in strikes or in
concerted and unauthorized stoppage of work; that the right of government
employees to organize is limited to the formation of unions or associations, without
including the right to strike.

Jacinto v. Court of Appeals came next and there we explained:

Specifically, the right of civil servants to organize themselves was positively

recognized in Association of Court of Appeals Employees vs. Ferrer-Caleja.
But, as in the exercise of the rights of free expression and of assembly,
there are standards for allowable limitations such as the legitimacy of the
purpose of the association, [and] the overriding considerations of national
security.

II. Second Factor affecting the legality of strike: Procedural Requirements

A strike or lockout , to enjoy the protection of law, must observe certain

procedural requirements . These are mentioned in article 263 and
Implementing rules namely:

1.) A notice of strike or lockout , with required contents should be filed

with the department of labor and employment, specifically the regional
branch of the NCMB, copy furnishing the employer or the union as the
case maybe.

2.) A cooling off period must be observed. i.e a time gap is required to
cool off tempers between the filing of notice and the start of the actual
work stoppage. The cooling off period is 30 days in case of bargaining
deadlock and fifteen days in case of unfair labor practice. However , in
case of union busting as defined in art 263 c, the fifteen day cooling off
period shall not apply and the union may take the action immediately
after the strike vote is conducted and the results submitted to the
board.
 3.) During the cooling off period , the NCMB mediates and conciliates the
parties. They are not allowed to do any act which may disrupt or
impede the early settlement of the dispute.

4.) Before a strike may actually start, the union should take a strike vote
by secret balloting in meetings or referenda ,with 24 hour prior notice
to the NCMB. The decision to declare a strike requires the secret ballot
approval of the majority of total union membership, not just majority of
the members attending the meeting. Similarly a lockout needs the
secret ballot concurrence of majority of the directors or partners.

5.) The result of the strike or lockout should be reported to the NCMB at
least 7 days before the intended strike or lockout , subject to the
cooling off period. An NCMB primer indicates that the 7 day reporting
period and the cooling off period (if required) run separately and are
counted separately. In other words , the seven days are in addition to
the 15 days or 30 days cooling off period.( Capitol medical center vs
NLRC april 26, 2005)

6.) NO strike or lockout shall be declared after the certification or

submission of the dispute to compulsory or voluntary arbitration, nor
may a strike or lockout be declared during the pendency of cases
involving the same grounds for the strike or lockout. Hence ,no strike
or lockout shall be declared after the assumption of jurisdiction by the
President or Secretary , or while the case is pending in arbitration
whther compulsory or voluntary.

III. Third factor in legality of strike; Purpose : Economic and ULP

strike.

A strike may legally be held because of either or both (1) A collective

bargaining deadlock (2) Unfair Labor Practice.

So what is an economic strike?

Economic strike- is intended to force wage and other concessions from

the employer , which he is not required by law to grant.(consolidated
Labor Association 11 SCRA 589)

Unfair Labor Practice- Is held against the unfair labor practices of the
employer, usually for the purpose of making him desist from further
committing them(Mastro Platics Crop vs NLRB 350 US 270)

There are two tests in determining the existence of an unfair

labor practice strike:

1.) Objectively , when the strike is declared in protest of an unfair labor

practice which is found to have been ACTUALLY committed.

2.) Subjectively, when the strike is declared in protest of what the union
believed to be unfair labor practices committed by the management ,
 and the circumstances warranted such belief in good faith, although
found subsequently as not committed.(Norton and Harrison 29 SCRA
310,315) This is the doctrine of ULP strike in GOOD FAITH.

But even this kind of GOOD FAITH STRIKE must comply with the notice
requirement and other mandatory requirements of holding a lawful
strike.

IV. FOURTH FACTOR: MEANS AND METHODS

A strike has to be pursued within the bounds of law. A strike does not
suspend the binding force of law; it does not place the strikers above
the law or above their fellowmen .In other words, the right to self
organization and the right to strike, as offsprings of the industrial
civilization, are not envisioned to create an uncivilized situation. Thus ,
the law puts limit to their exercise. These limits are among the
activities prohibited under ARTICLE 264 (e)

a.) On the part of both the Employer & Employee –

1. Declaring a strike or lockout:

1 without first having bargained collectively, OR
2 without first filing the required notice, OR
3 without first obtaining & reporting the necessary strike or lockout vote.

2. Declaring a strike or lockout:

1 after assumption of jurisdiction by the President or the Secretary, OR

2 after certification or submission of the dispute to compulsory or
voluntary arbitration, OR
3 during the pendency of cases involving the same grounds for the
strike/lockout.

b.) On the part of the employer –

1. Obstructing, impeding or interfering with by force, violence, coercion,

threats

or intimidation any peaceful picketing by employees during any

labor

controversy or in the exercise of their rights to self-organization or

collective

bargaining, or aiding or abetting such obstruction or interference;

2. Employing any strike breaker;

c) On the part of the employees –

 1. Stationary picket and the use of means like placing of objects to constitute
permanent blockade or to effectively close points of entry or exit in company
premises;

2. Any act of violence, coercion or intimidation by any pickster;

3. Obstruction of the free ingress or egress from the employer’s premises for

lawful purposes;

4. Obstruction of public thoroughfares while engaged in picketing;

Q: Can it be enjoined?

A: Yes

Q: What is the remedy?

A: To file an injunction with the NLRC.

Q: Is the NLRC exercising appellate or original jurisdiction when you file it with
them?

A: original jurisdiction.

Q: From the decision of the NLRC granting or denying that petition, is there any
appeal?

A: MOR, then no more appeal. But you can file certiorari under rule 65 to the CA.
From CA to SC under RULE 45.

Here is exercise of original jurisdiction by the NLRC, and you go to the NLRC
by filing a petition for injunction and the injunction is suppose to enjoin the
commission of prohibit acts. The same way that if it is the employer who
commits the prohibited acts, the union can also file a petition for injunction in
the NLRC.

V. FIFTH FACTOR : INJUNCTION; National Interest Disputes.

NATIONAL INTEREST CASES: INJUNCTION maybe issued automatically, that is even if

none of the parties asks for it.

Article 254 of the labor code states that labor dispute are generally not subject to
injunction. Injunction is frowned upon as a matter of labor relations policy. The law
prefers voluntary and peaceful means of dispute settlement. Nonetheless national
interest cases is one of the those exceptions where injunctions are held valid.

A strike held in violation of an Assumption order, constitutes an illegal act hence an

illegal strike. UNION OFFICERS OR MEMBERS who refuses to abide by the return to
work order may be dismissed from his employment.

National interest cases is an example of automatic injunction. Prohibited under

263(g) and 264 is the holding of a strike or lockout after assumption of jurisdiction
by the president or secretary of labor or after certification or submission of the
dispute to compulsory or voluntary arbitration.

The assumption or certification has the effect of automatically enjoining the

intended or impending strike or lockout as specified in the assumption or
certification order. If a strike or lockout has already taken place at the time of
assumption or certification, all striking or locked out employees shall immediately
return to work and the employer shall immediately resume operations and re admit
all workers under the same terms and conditions prevailing before the strike or
lockout.

General Rule: Actual ,not payroll readmission.

Under the third sentence of article 263(g) the employer has to re admit
all workers under the same terms and conditions. This phrase contemplates actual
and not payroll reinstatement of the workers.

Exception: Payroll reinstatement in lieu of actual reinstatement is a departure

from the rule in these cases and there must be a showing of special circumstances
rendering actual reinstatement impracticable or otherwise not conducive to
attaining the purpose of the law(Manila Diamond Hotel Employees Union,
December 16,2004)

One of the “superseding circumstances” that justifies payroll reinstatement is the

fact that the subject employees position were declared confidential in nature by the
voluntary arbitrator. Insisting on their actual reinstatement is impracticable and
more likely to exacerbate the situation. (University of Immaculate Concepcion inc vs
NLRC ,January 14,2005).

VI. SIXTH FACTOR: AGREEMENT OF THE PARTIES.

A no strike clause in a CBA is applicable only to economic strikes (Bargaining

deadlocks). Therefore, if the strike is founded on an unfair labor practice of the
employer, the strike declared by the union cannot be considered a violation of the
no strike clause( Philippine Metal Foundries, 90 SCRA 135 [1979]; Master Iron,
February 17,1993)

The employees “Overtime Boycott” and “Work Slowdown” amount to a strike that
violates the no strike clause in the CBA (Interphil vs NLRC , December 19,2001).

CONSEQUENCES OF CONCERTED ACTIONS: EMPLOYMENT STATUS

Article 264 makes a distinction between union members and union officers who
participate in a strike.

MEMBER: Participation of a member in a lawful strike does not constitute sufficient

ground for termination of his employment. Even his participation in a strike that
turned out to be illegal does not necessarily result in his loss of job.
But ANYONE who commits an illegal act( destruction of property) during a strike
may be dismissed from employment, whether he is a member or an officer of the
union regardless whether the strike itself is legal or not.

UNION OFFICERS: Any Union officer who knowingly participates in an illegal strike
or who knowingly participates in the commission of illegal acts during a strike ,
even if the strike is legal , may be declared to have lost his employment status.