Labor Relations _N_ Strikes, Picketing and Lock-outs

Question 1

Who may declare a strike or lockout?

Strike: Workers deliberately CEASE WORK to exert pressure on employers.

Lockout: Employers temporarily SUSPEND OPERATIONS to exert pressure on workers.

Answer 1

Any duly recognized bargaining Representative may declare a Strike in cases of
a) bargaining DEADLOCKS or
b) ULP.

Exc
In the absence of a DULY RECOGNIZED BR, any LLO may declare strike but only on the ground of ULP.

Question 2

Strike - state elements to be valid

Answer 2

a) lawful purpose
b) lawful means
c) complies with procedural requirements of LC

Lawful purpose - either for (1) Economic strike - eg. to force employer to improve wages above the minimum required by law or for (2) ULP strike eg. to restrain employer from committing such practices

All other strikes are prohibited - sit down strike, lightning strike, wildcat strike, intermittent strike, sympathetic strike etc.

Question 3

CBA violations which are not Gross in character must be elevated to Grievance Machinery.

Inter and intra union disputes are not strikable issues - discuss.

Inter-union dispute: Two rival unions, Union A and Union B, both claim to represent the same group of workers in a particular company.

Intra-union dispute: A faction within Union A disagrees with the leadership’s decision on how to negotiate a new collective bargaining agreement with the employer.

Answer 3

Inter-union disputes involve conflicts between two or more labor unions, while intra-union disputes occur within a single labor union.

These disputes should be resolved through MEDIATION OR ARBITRATION (MedArbiter) conducted by the Bureau of Labor Relations (BLR).

Question 4

One element of a valid strike is lawful means. What are the prohibited activities during a strike? Effects?

Answer 4

a) acts of violence
b) obstruction of free ingress to employers premises
c) obstruction of public thoroughfares

The strike may be declared invalid although the purpose is Valid because the means employed are illegal.
Union officers may lose employment if they KNOWINGLY participates.

Question 5

What are the rules to follow for a valid strike?

The cooling-off period under Philippine labor law is a mandatory 30-day period (from notice to NCMB) before a strike or lockout can be legally undertaken.
This period is intended to allow for conciliation and mediation efforts to resolve the labor dispute peacefully.

Answer 5

There must be Notice of Strike or lockout BEFORE intended dates

NCMB must immediately call parties during the cooling off period for a conference 48 hours from receipt of notice

There must be a Strike Vote (Lockout vote) approved by majority of Total union Membership

After the strike vote is taken, it is required that the union must file the result of the vote with NCMB at least 7 days before intended date of strike

Both cooling off period and the 7-day strike ban must be complied with, otherwise its illegal

Question 6

Assumption & Certification ORDERS of the DOLE Secretary

A&C orders vs Petition for Injunction

Answer 6

These orders are EXECUTORY in character to be complied with strictly EVEN DURING pendency of any petition

Automatic Return to Work for all striking employees

P for Injunction is the remedy AFTER the company/LLO fails to comply with the Orders from Secretary
Unlike the orders from Sec, P for Inj requires Hearing

Question 7

Effect of Defiance of A&C orders from Sec DOLE

Answer 7

Strike becomes a prohibited activity

Union officers and members are deemed to have lost employment for participating in illegal acts

Question 8

There is a No Strike No Lockout clause in the CBA - explain if valid

Answer 8

Yes because it applies only to Economic strikes.

Strike is available for ULP.