Those orphans are treated like someone trying to 'fork' the blockchain by working on an older block, and trying to get a longer chain. Well behaved Miners will

Those orphans are treated like someone trying to 'fork' the blockchain by working on an older block, and trying to get a longer chain. Well behaved Miners will always mine on the longest chain, and get to pick if there are two chains of equal length. Most probably pick the first they saw, because it gives them more time to work on that block. So if an orphan comes along, people ignore it. Like other have said, all nodes know about almost all transactions, so the next miner will just see those transactions as still being 'up for grabs' and might include them in the next block they are attempting.