If the Industrial action is justifiable, it will be protected by civil and criminal indemnification and a prohibition on unfavorable treatment.
But It doesn’t mean that civil and criminal liability and unfavorable treatment like discplinary punishment resulting from unjustifiable Industrial action are always justified. The conditions for civil and criminal liability and unfavorable treatment are to be needed relatively.
“JUDGEMENT OF JUSTIFICATION”
Justification of Industrial action should be reviewed in four(4) aspects of AGENT, PURPOSE, TIMING AND PROCEDURE, METHOD.
a. AGENT
Independent Industrial action by affiliated trade union without approval or directions of unit trade union will be justifiable.
BUT Industrial action by non-trade union without approval or against directions of trade union will not be justifiable.
b. PURPOSE
Because the rights to act is guaranteed to settle collective bargaining favorably, the purpose of Industrial action should be to accomplish demand that is the object of collective bargaining.
industrial action for demand related collective labor relationship will be justifiable.
Industrial action for working conditions(e.g. personnel standard like displinary punishment and dismissal, etc.) will be justifiable.
BUT Industrial action for a matter of management(e.g. abolition of units, interruption to consecutive appointment of CEO, etc.) will not be justifiable.
c. TIMING AND PROCEDURE
The desirable timing for Industrial action is the time when the employer reject bargaining itself against specific demand of trade union.
AND Industrial action should be determined by concurrent votes of a majority of the union members by a direct, secret, and unsigned ballot in accordance with TULRAA article 41. 1
d. METHOD
Strike, Soldiering are general types of Industrial action. BUT sabotage will not be justifiable.
Picketing should not be assault, threat, any exercise of power but verbal, peaceful persuasion (e.g.handout, advertisement posting, etc.)
Workplace occupation should not be overall, exclusive occupation that disturbs or excludes the employer in access, management, operation but partial, coexistent occupation.
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