PAL vs Rodriguez et al 2016

Facts
1. 24 pilots of PAL lost their employment because they participated in an illegal strike
2. Dec 9, 1997, ALPAP union staged a strike on the ground of ULP
3. Sec of Labor assumed jurisdiciton
4. And on June 7, 1998 issued a return to work order
5. Members of ALPAP reported for work only on June 26
PAL did not accept them, since they should have returned within 24 hours from the issuance of return to work order
6. So these union members filed an illegal lockout against PAL
7. SOLE
8. Sec of labor said the strike was illegal
9. It also dismissed the illegal lockout file by union
10. The union filed Rule 65 before CA alleging grave abuse of discretion no the part of SOLE
11. An illegal dismissal case was also filed by the affected union members

Ruling
We deny the petition.
Union officers and members are deemed to have lost their employment status because of their participation in the
illegal strike, and their defiance of the return-to-work order of the DOLE Secretary.

They followed their lawyers, not the DOLE

They did not return to work
Only Jadie among Rodriguez, et al., was illegally dismissed by PAL. During the strike, Jadie was already on maternity
leave. Jadie did not join the strike and could not be reasonably expected to report back for work by June 9, 1998 in
compliance with the Return-to-Work Order.

Since he is terminated illegally he is entitle to separation and all accrued benefits until the finality of the decision