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Any provision of law to the contrary notwithstanding, workers shall have the right, subject to such
rules and regulations as the Secretary of Labor and Employment may promulgate, to participate in
policy and decision-making processes of the establishment where they are employed insofar as said
processes will directly affect their rights, benefits and welfare. For this purpose, workers and
employers may form labor-management councils: Provided, That the representatives of the workers
in such labor-management councils shall be elected by at least the majority of all employees in said
establishment
- the letter contained promises of benefits to the employees in order to entice them to return to work, and
contained threats to obtain replacements for the striking employees in the event that they do not return to
work on June 2, 1958
(equivalent to an attempt to break a union, since the employees thus offered reinstatement are unable to
determine what the consequences of returning to work would be)
- Rodolfo Encarnacion, a former member of the board of directors of the petitioner, who became a “turncoat”
and who likewise testified to the union activities of some unionists, was made to spy on the activities of the
union members
(espionage by an employer of union activities, or surveillance thereof, are such instances of interference,
restraint or coercion of employees in connection with their right to organize, form and join unions)
- the offer of Christmas bonus to all “loyal” employees of a company shortly after the making of a request by
the union to bargain
- wage increases given for the purpose of mollifying employees after the employer has refused to bargain
with the union, or for inducing striking employees to return to work
- the employer’s promises of benefits in return for the strikers’ abandonment of their strike in support of
their union
2. Discriminating
- 63 members of the Unions were refused readmission because they had pending criminal charges. However,
despite the fact that that they were able to secure their respective clearances, they were still refused
readmission on the alleged ground that they committed acts inimical to the companies,
- Non-strikers who also had criminal charges pending against them in the fiscal’s office, arising from the same
incidents whence the criminal charges against the strikers evolved, were readily readmitted and were not
required to secure clearances.
- They separated the active from the less active unionists on the basis of their militancy, or lack of it, in the
picket lines.