Can a return-to-work order be issued pending the determination of the legality or illegality of the strike?
It must be underscored thatthe return-to-work order is issued pending the determination of the legality or illegality of the strike. It is not correct to say that it may be enforced only if the strike is legal and may be disregarded if the strike is illegal, for the purpose precisely is to maintain the status quo while the determination is being made. Otherwise, the workers who contend that their strike is legal can refuse to return to work to their work and cause a standstill on the company operations while retaining the positions they refuse to discharge or allow the management to fill. Worse, they will also claim payment for work not done, on the ground that they are still legally employed although actually engaged in the activities inimical to their employer’s interest.
Related Questions
- Can the employer provide a survey after the NPWC has issued a prevailing wage determination with a redetermination request?
- Can the employer provide a survey with a redetermination request after the NPWC has issued a prevailing wage determination?
- Can a return-to-work order be issued pending the determination of the legality or illegality of the strike?
