PRIMER ON STRIKE, PICKETING AND LOCKOUT

1. WHAT IS STRIKE, PICKETING AND LOCKOUT?

A. 1. STRIKE means any temporary stoppage of work by the concerted action of the employees as a res lt of an ind strial or labor disp te. !Art. "1" !o#$ %abor &ode$ as amended by Sec. '$ R. A. ()1*# ". +EA&E,-% +I&KETI./ the right of workers d ring strikes consisting of the marching to and fro before the premises of an establishment in0ol0ed in a labor disp te$ generally accompanied by the carrying and display of signs$ placards or banners with statements relating to the disp te. !/ idelines /o0erning %abor Relations$ 1ctober 12$ 123)# %1&K1-T means the temporary ref sal of an employer to f rnish work as a res lt of an ind strial or labor disp te. !Article "1" !p# %abor &ode$ as amended by Section '$ R.A. ()1*#.

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WHAT ARE THE DIFFERENT FORMS OF STRIKES? A. ". 1. %E/A% STRIKE one called for a 0alid p rpose and cond cted thro gh means allowed by law. I%%E/A% STRIKE one staged for a p rpose not recogni5ed by law$ or if for a 0alid p rpose$ cond cted thro gh means not sanctioned by law. E&1.16I& STRIKE one staged by workers to force wage or other economic concessions from the employer which he is not re7 ired by law to grant !&onsolidated %abor Association of the +hil. 0s. 6arsman and &ompany$ 11 S&RA *32# -%+ STRIKE one called to protest against the employer8s acts of nfair labor practice en merated in Article "'3 of the %abor &ode$ as amended$ incl ding gross 0iolation of the collecti0e bargaining agreement !&9A# and nion b sting. S%1:;1:. STRIKE one staged witho t the workers 7 itting their work b t merely slackening or by red cing their normal work o tp t.

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:I%;<&AT STRIKE one declared and staged witho t filing the re7 ired notice of strike and witho t the ma=ority appro0al of the recogni5ed bargaining agent. SIT ;1:. STRIKE one where the workers stop working b t do not lea0e their place of work.

). 3.

WHAT IS AN INDUSTRIAL DISPUTE? A. An ind strial or labor disp te incl des any contro0ersy or matter concerning terms or conditions of employment or the association or representation of persons in negotiating$ fi>ing$ maintaining$ changing or arranging the terms and conditions of employment regardless of whether the disp tants stand in the pro>imate relation of employer and employee. !Article "1" !1# %abor &ode$ as amended by Section '$ R.A. ()1*#

4. WHAT IS THE NATURE OF THE RIGHT TO STRIKE AND LOCKOUT? A. The right to strike is a constit tional and legal right of the workers as the employers ha0e the inherent and stat tory right to locko t$ all within the conte>t of labor relations and collecti0e bargaining. It is a means of last resort and pres pposes that the d ty to bargain in good faith has been f lfilled and other 0ol ntary modes of disp te settlement ha0e been tried and e>ha sted. !/ idelines /o0erning %abor Relations#.

5. WHO MAY DECLARE A STRIKE OR LOCKOUT? Any certified or d ly recogni5ed bargaining representati0e may declare a strike in cases of bargaining deadlock and nfair labor practice. %ikewise$ the employer may declare a locko t in the same cases. In the absence of a certified or d ly recogni5ed bargaining representati0e$ any legitimate labor organi5ation in the establishment may declare a strike b t only on the gro nd of nfair labor practice. !Section "$ R le ?III$ 9ook @$

1mnib s R les amended#.

Implementing

The

%abor

&ode$

as

6. WHAT ARE THE REQUISITES OF A LAWFUL STRIKE OR LOCKOUT? A. as The re7 irements for a 0alid strike or locko t are followsA It m st be based on a 0alid and fact al gro ndB A strike or locko t .1TI&E shall be filed with the .ational &onciliation and 6ediation 9oard !.&69# at least 1* days before the intended date of the strike or locko t if the iss es raised are nfair labor practices$ or at least 4C days before the intended date thereof if the iss e in0ol0es bargaining deadlock. In cases of dismissal from employment of nion officers d ly elected in accordance with the nion constit tion and by<laws$ which may constit te -.I1. 9-STI./ where the e>istence of the nion is threatened$ the 1*<day cooling<off period shall not apply and the nion may take action immediately after the strike 0ote is cond cted and the res lt thereof s bmitted to the ;epartment of %abor and Employment. 1. A strike m st be appro0ed by a ma=ority 0ote of the members of the -nion and a locko t m st be appro0ed by a ma=ority 0ote of the members of the 9oard of ;irectors of the &orporation or Association or of the partners in a partnership$ obtained by secret ballot in a meeting called for that p rpose. A strike or locko t @1TE shall be reported to the .&69<;1%E Regional 9ranch at least ) days before the intended strike or locko t s b=ect to the cooling< off period. In the e0ent the res lt of the strikeDlocko t ballot is filed within the cooling<off period$ the )<day

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re7 irement shall be co nted from the day following the e>piration of the cooling<off period. !.S,: 0s. 10e=era$ /.R. .o. *2)'4$ 6ay 41$ 123"# In case of dismissal from employment of nion officers which may constit te nion b sting$ the time re7 irement for the filing of the .otice of Strike shall be dispensed with b t the strike 0ote re7 irement being mandatory in character$ shall Ein e0ery caseF be complied with. The disp te m st not be the s b=ect of an ass mption of = risdiction by the +resident or the Secretary of %abor and Employment$ a certification for comp lsory or 0ol ntary arbitration nor a s b=ect of a pending case in0ol0ing the same gro nds for the strike or locko t. ). WHAT ARE THE ALID GROUNDS FOR DECLARING A STRIKE OR LOCKOUT? The law recogni5es two gro nds for the 0alid e>ercise of the right to strike or locko t$ namelyA &ollecti0e 9argaining ;eadlock !&9;# andDor -nfair %abor +ractice !-%+# !. MAY A UNION FILE A NOTICE OF STRIKE OR THE EMPLOYER FILE A NOTICE OF LOCKOUT IF THE LA"OR DISPUTE IS "ASED ON A GROUND OTHER THAN ULP AND C"D? A. .o. The nionDemployer may not file a notice based on gro nds other than -%+ and &9;. @iolations of &ollecti0e 9argaining Agreements$ e>cept flagrant andDor malicio s ref sal to comply with its economic pro0isions$ shall not be considered nfair labor practice and shall not be strikeable and no strike or locko t may be declared on gro nds in0ol0ing inter< nion and internal nion disp tes or on iss es bro ght to 0ol ntary or comp lsory arbitration incl ding legislated wage orders and labor standard cases. Gowe0er$ if impro0idently filed and it appears on the face of the notice that the iss es raised are non<strikeable or

the real iss es disco0ered d ring conciliation proceedings are not proper s b=ects of a .otice of Strike or %ocko t$ The .&69 Regional 9ranch shall dismiss mot propio the notice witho t pre= dice to f rther conciliation$ or pon re7 est of either or both parties in which case$ the .otice of Strike or %ocko t is treated as a +re0enti0e 6ediation &ase. !See ;efinition of +re0enti0e 6ediation &ase nder Appendi> 4$ ;efinition of Terms#. #. WHAT ARE THE CONTENTS OF A NOTICE OF STRIKE OR LOCKOUT? A. The notice shall state$ among others$ the names and addresses of the employer and the nion in0ol0ed$ the nat re of the ind stry to which the employer belongs$ the n mber of nion members and of the workers in the bargaining nit$ and s ch other rele0ant data as may facilitate the settlement of the disp te$ s ch as a brief statement or en meration of all pending labor disp tes in0ol0ing the same parties. In cases of bargaining deadlocks$ the notice shall$ as far as practicable$ f rther state the nresol0ed iss es in the bargaining negotiations and be accompanied by the written proposals of the nion$ the co nter<proposals of the employer and the proof of a re7 est for conference to settle the differences. In cases of nfair labor practice$ the notice shall$ as far as practicable$ state the acts complained of and the efforts taken to resol0e the disp te amicably. 1$. WHAT IS THE ROLE OF THE NCM" IN CASE A NOTICE OF STRIKE OR LOCKOUT IS FILED? A. -pon receipt of a 0alid notice of strike or locko t$ the .&69$ thro gh its &onciliator<6ediators$ shall call the parties to a conference the soonest possible time in order to acti0ely assist them to e>plore all possibilities for amicable settlement. To this end$ the &onciliator<6ediator may s ggestDoffer proposals as an alternati0e a0en e for the resol tion of their disagreementDconflict which may not necessarily bind the parties. In the e0ent of fail re in conciliationDmediation the parties shall be enco raged to s bmit their disp te for 0ol ntary arbitration.

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WHAT IS THE LEGAL IMPLICATION IF THE CONTENT% REQUIREMENT OF THE NOTICE OF STRIKE OR LOCKOUT HAS NOT "EEN COMPLIED WITH? A. Any notice which does not conform with the foregoing re7 irements shall be deemed not ha0ing been filed. OTE?

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WHAT IS THE PURPOSE OF THE STRIKE A.

To ens re that the decision to strike broadly rests with the ma=ority of the -nion members in general and not with a mere minority$ at the same time$ disco rage wildcat strikes$ nion bossism and e0en corr ption. OTE REPORT?

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WHAT IS THE PURPOSE OF THE STRIKE A.

To ens re that a strike 0ote was indeed taken and in the e0ent that the report is false$ to afford the members an opport nity to take the appropriate remedy before it is too late.

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WHAT IS PURPOSE OF THE TIME REQUIREMENT IN THE NOTICE OF STRIKE&LOCKOUT? A. The 1* and 4C days re7 irement is known as the &ooling< 1ff +eriod designed to afford parties the opport nity to amicable resol0e the disp te with the assistance of the .&69 &onciliatorD6ediator. Sho ld the disp te remain nsettled ntil the lapse of the re7 ired n mber of days from the mandatory filing of the notice$ the labor nion may strike or the employer may commence a locko t after ha0ing complied with the )<day re7 irement for the filing of the strike or locko t 0ote$ as the case may be.

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WHAT IS THE CORRECT INTERPRETATION OF THE REQUIREMENT TO O"SER E THE COOLING%OFF PERIODS AND THE STRIKE "AN? A. The prescribed cooling<off period and the )<day strike ban after s bmission of report of strike 0ote are mandatory. The obser0ance of both periods m st be complied with$ altho gh a labor nion may take a strike 0ote and report the same within the stat tory cooling<off period. The a0owed intent of the law is to pro0ide an opport nity for

mediation and conciliation. The waiting period$ on the other hand$ is intended to pro0ide opport nity for the members of the nion or the management to take the appropriate remedy in case the strike or locko t 0ote report is false or inacc rate. 6oreo0er$ the cooling<off and )<day strike ban pro0isions of law are reasonable and 0alid restrictions on the right to strike and these restrictions constit te a 0alid e>ercise of police power of the State. If only the filing of the strike notice and the strike 0ote report wo ld be deemed mandatory$ b t not the waiting periods so specifically and emphatically prescribed by law$ the p rposes for which the filing of the strike notice and strike 0ote report is re7 ired cannot be achie0ed. The s bmission of the report gi0es ass rance that a strike 0ote has been taken and that$ if the report concerning it is false$ the ma=ority of the members can take appropriate remedy before it is too late. !.ational ,ederation of S gar :orkers 0s. 10e=era$ 11' S&RA 4*'# The se0en !)# days waiting period is intended to gi0e the ;epartment of %abor and Employment an opport nity to 0erify whether the pro=ected strike really carries the imprimat r of the ma=ority of the nion members. The need for ass rance that the ma=ority of the nion members s pport the strike cannot be gainsaid. Strike is s ally the last weapon of labor to compel capital to concede to its bargaining demands or to defend itself against nfair labor practices of management. It is a weapon that can either breathe life to or destroy the nion and its members in their str ggle with management for a more e7 itable d e of their labors. The decision to wield the weapon of strike m st$ therefore$ rest on a rational basis$ free from emotionalism$ nswayed by the tempers and tantr ms of a few hotheads$ and firmly foc sed on the legitimate interest of the nion which sho ld not$ howe0er$ be antithetical to the p blic welfare. Th s$ o r laws re7 ire the decision to strike to be the consens s of the ma=ority for while the ma=ority is not infallible$ still$ it is the best hedge against haste and error. In addition$ a ma=ority 0ote ass res the nion it will go to war against management with the strength deri0ed from nity and hence$ with better chance to s cceed.

!%apanday :orkers -nion$ Tomas .. 9asco 0s. .%R& and %apanday Agric lt ral ;e0elopment &orporation$ /.R. .os. 2*'2'<2)$ ) September 122*# 16. A. WHAT ARE THE PROHI"ITED ACTS AND PRACTICES? 1. ;eclaring a strike or locko t on gro nds in0ol0ing inter< nion and intra< nion disp tes or on iss es bro ght to 0ol ntary or comp lsory arbitration. ;eclaring a strike or locko t witho t first ha0ing bargained collecti0ely or witho t first ha0ing filed the re7 ired notice or witho t the necessary strike or locko t 0ote first ha0ing been obtained and reported to the Regional 9ranch of the .&69. ;eclaring a strike or locko t in defiance of a cease< and<desist order$ or an order for the striking employees to ret rn to work and for the employer to accept the workers after ass mption of = risdiction by the +resident or Secretary of %abor and Employment$ or after certification or s bmission of the disp te to comp lsory or 0ol ntary arbitration$ or d ring the pendency of a case in0ol0ing the a thori5ed gro nds for the strike or locko t. '. 1bstr cting$ impending or interfering with by force$ 0iolence$ coercion$ threats or intimidation any peacef l picketing by employees d ring any labor contro0ersy or in the e>ercise of their right to self< organi5ation or collecti0e bargaining$ or aiding or abetting s ch obstr ction or interference. Employing any strike breaker or being employed as a strike<breaker. .o p blic official or employee$ incl ding officers and personnel of the Armed ,orces of the +hilippines$ of the +hilippine .ational +olice$ or any armed person shall bring in$ introd ce or escort$ in any manner$ any indi0id al who seeks to replace strikers in entering or lea0ing the premises of a strike area$ or work in place of strikers.

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.othing herein shall be interpreted to pre0ent the aforementioned officials$ employees or peace officers from taking any meas re necessary to maintain peace and order andDor to protect life and property. ). Stationary picket and the se of means like placing of ob=ects to constit te permanent blockade or to effecti0ely close points of entry or e>it in company premises. Any act of 0iolence$ coercion or intimidation by any picketer. The obstr ction of the free ingress to or egress from the employer8s premises for lawf l p rposes. 1bstr ction of p blic thoro ghfares while engaged in picketing.

3. 2. 1C. 1'.

WHAT ARE THE LEGAL IMPLICATIONS FOR NON% COMPLIANCE WITH THE REQUIREMENTS FOR A ALID STRIKE OR LOCKOUT? A. The re7 irements for a 0alid strike or locko t are mandatory in character and non<compliance therewith is s fficient gro nd to declare the strike or locko t illegal. If a strike is declared illegal$ the employer may be a thori5ed to terminate the employment of nion officials who knowingly participated in the illegal strike andDor any worker or nion officer who knowingly participated in the commission of other illegal acts d ring the strike. In case the locko t is declared illegal$ any worker whose employment has been terminated as a conse7 ence thereof may be entitled to re<instatement incl ding payment of f ll backwages and other benefits.

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WHEN A DISPUTE SU"(ECT OF A NOTICE OF STRIKE IS FORTHWITH TREATED AS A PRE ENTI E MEDIATION CASE, MAY THE UNION LATER ON STAGE A STRIKE ON ACCOUNT OF THE SAME DISPUTE?

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.o. 1nce the disp te has been con0erted into a pre0enti0e mediation case$ the notice of strike is deemed dropped from the dockets as if no notice of strike has been filed. Since there is no more notice of strike to speak abo t$ any strike s bse7 ently staged by the -nion is deemed not to ha0e complied with the re7 irements of a 0alid strike. The same r le applies in the case of locko t by an employer$ !+A% 0s. Sec. of %abor#

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WHO HAS THE DUTY TO DECLARE THAT THE NOTICE OF STRIKE&LOCKOUT HAS "EEN CON ERTED INTO PRE ENTI E MEDIATION CASE? A. -pon the recommendation of the &onciliatorD6ediator handling the labor disp te$ the ;irector of the Regional 9ranch of the .&69 which has = risdiction o0er the labor disp te has the d ty to declare and inform the parties that the iss es raised or the act al iss es in0ol0ed are not proper s b=ects of a .otice of Strike or %ocko t and that the .otice of Strike or %ocko t has been con0erted into a +re0enti0e 6ediation &ase witho t pre= dice to f rther conciliation or pon the re7 est of either or both parties.

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MAY A LA"OR DISPUTE SU"(ECT OF A NOTICE OF STRIKE OR LOCKOUT, MATURE INTO A OLUNTARY AR"ITRATION CASE? A. Hes. 9y m t al agreement$ the parties may decide to bring the matter for resol tion before an accredited 0ol ntary arbitrator of their choice$ in which case the .otice is deemed a tomatically withdrawn and dropped from the dockets.

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WHEN MAY A STRIKE OR LOCKOUT "E DECLARED ILLEGAL? A. A strike or locko t may be declared illegal if any of the re7 irements for a 0alid strike or locko t is not complied with. It may also be declared illegal if it is based on non< strikeable iss es or if the iss es in0ol0ed are already the s b=ect of arbitration.

; ring a strike or locko t$ when either of the parties commit prohibited acts or practices$ the strike or locko t may be declared illegal. 22. WHO HAS (URISDICTION TO DETERMINE THE LEGALITY OF STRIKE AND LOCKOUT? A. In general$ the %abor Arbiter in the appropriate Arbitration 9ranch of the .ational %abor Relations &ommission has the power to determine 7 estions in0ol0ing the legality or the illegality of a strike or locko t pon the filing of a proper complaint and after d e hearing. :here the matter of legality or illegality of strike is raised in the disp te o0er which the Secretary ass med = risdiction or in disp tes certified by the Secretary to the &ommission for comp lsory arbitration$ the same may be resol0ed by the Secretary or the &ommission$ respecti0ely. !International +harmace ticals$ Inc. 0s. Secretary of %abor and Associated %abor -nion$ /.R. .o. 2"231<34$ Ian ary 2$ 122".# 23. MAY A OLUNTARY AR"ITRATOR DETERMINE THE LEGALITY OF A STRIKE? A. If the iss e is 0ol ntary and =ointly s bmitted by the parties to 0ol ntary arbitration$ the 7 estion may be resol0ed by the 0ol ntary arbitrator or panel of 0ol ntary arbitrators.

24.

CAN ANY PERSON PERFORMING ANY OF THE PROHI"ITED ACTI ITIES MENTIONED IN THE PROCEEDING PARAGRAPH "E CHARGED "EFORE THE COURT?

Hes. They may be charged before the appropriate ci0il and criminal co rts. 25. WHAT IS THE PENALTY IMPOSA"LE? A. Any person 0iolating any of the pro0isions of Article "(* of the %abor &ode !performing any of the abo0e prohibited acti0ities# shall be p nished by a fine of not e>ceeding

+*CC.CC andDor imprisonment for not less than one !1# day nor more than si> !(# months. If the person so con0icted is a foreigner$ he shall be s b=ected to immediate and s mmary deportation and will be permanently barred from re<entering the co ntry witho t the special permission of the +resident. If the act is at the same time a 0iolation of the Re0ised +enal &ode !R+&#$ a prosec tion nder the %abor &ode will precl de prosec tion for the same act nder the R+& or 0ice<0ersa. 26. IS AN EMPLOYEE WHO PARTICIPATES IN A LAWFUL STRIKE DEEMED TO HA E A"ANDONED HIS EMPLOYMENT? .o. An employee who goes on strike is not deemed to ha0e abandoned his employment b t is merely e>ercising his right to self<organi5ation precisely to protect his rights as an employee andDor to obtain better working conditions.

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IS PARTICIPATION "Y AN EMPLOYEE IN A STRIKE SUFFICIENT GROUND FOR AN EMPLOYER TO TERMINATE HIS EMPLOYMENT? A. .o. The mere participation of a worker in lawf l strike shall not constit te s fficient gro nd for the termination of his employment e0en if a replacement has been hired by the employer d ring s ch lawf l strike. Gowe0er$ any nion officer who knowingly participates in an illegal strike and any worker or nion officer who knowingly participates in the commission of illegal acts d ring a strike may be declared to ha0e lost his employment stat s.

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ARE THE STRIKERS ENTITLED TO PAYMENT OF WAGES DURING THE PERIOD OF A LAWFUL STRIKE? A. As a general r le$ striking employees are not entitled to the payment of wages for nworked days d ring the period of the strike p rs ant to the principle of E.o work< .o payF. Gowe0er$ this does not precl de the parties from entering into an agreement to the contrary.

1n the other hand$ when strikers abandon the strike and apply for reinstatement despite the e>istence of 0alid gro nds b t the employer either ref ses to reinstate them or imposes pon their reinstatement new conditions that constit te nfair labor practices$ the strikers$ who ref se to accept the new conditions and are conse7 ently ref sed reinstatement$ are entitled to the losses of pay they may ha0e s ffered by reason of the employer8s discriminatory acts from the time they were ref sed reinstatement. 2#. MAY A STRIKE&LOCKOUT "E EN(OINED&PRE ENTED "Y LEGAL PROCESS? A. As a general r le$ strikes and locko ts 0alidly declared en=oy the protection of law and cannot be en=oined nless illegal acts are committed in the co rse of s ch strikes or locko ts. 1rdinarily$ the law 0ests in the .%R& the a thority to iss e in= nctions to restrain the commission of illegal acts d ring strikes and pickets. In the national interest cases$ the certification or ass mption of = risdiction by the Secretary of %abor o0er the disp te nder Article "(4!g# of the %abor &ode$ as a amended$ has the effect of a tomatically en=oining the intended strike or locko t whether or not a corresponding ret rn to work order has been iss ed. The workers shall immediately ret rn to work and the employer shall immediately res me operations and re<admit all workers nder the same terms and conditions of employment pre0ailing before the strike. 3$. WHAT IS THE E)TENT OF THE POWER OF THE PRESIDENT OR THE SECRETARY OF LA"OR AND EMPLOYMENT TO ISSUE ASSUMPTION AND CERTIFICATION ORDERS? A. The power to iss e ass mption and certification orders is an e>traordinary a thority strictly limited to national interest cases and granted to the +resident or to the Secretary of %abor$ Ewhich can = stifiably rest on his own consideration of the e>igency of the sit ation in relation to the national interestF.

+ rs ant to the pro0isions of Article "(4!g# of the %abor &ode$ as amended$ the Secretary of %abor is 0ested with the discretionary power to decide not only the 7 estion of whether to ass me = risdiction o0er a gi0en labor disp te or certify the same to the .%R&$ b t also the determination of the ind stry indispensable to national interest. The +resident of the +hilippines shall not be precl ded from inter0ening at any time and ass ming = risdiction o0er any labor disp te in0ol0ing ind stries indispensable to national interest in order to settle or terminate the same. -nder Article "))!b# of the %abor &ode$ as amended$ the Secretary of the ;epartment of %abor and Employment may s spend the effects of the termination pending resol tion of the disp te in the e0ent of a prima facie finding by the appropriate official of the ;epartment of %abor and Employment before whom s ch disp te is pending that the termination may ca se a serio s labor disp te or is in the implementation of a mass lay<off. 31. WHEN A DISPUTE IS ASSUMED "Y THE PRESIDENT OR SECRETARY OF LA"OR, OR CERTIFIED TO THE NLRC FOR COMPULSORY AR"ITRATION, MAY A STRIKE OR LOCKOUT "E ALIDLY DECLARED ON ACCOUNT OF THE SAME DISPUTE? A. .o. The ass mption or certification shall ha0e the effect of a tomatically en=oining the intended or impending strike or locko t.

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WHAT IS THE NATURE OF THE RETURN%TO%WORK ORDER? A. The ret rn<to<work order is a 0alid stat tory part and parcel of the ass mption and certification orders gi0en the predictable pre= dice the strike co ld ca se not only to the parties b t more especially to the national interest. Stated otherwise$ the ass mption of = risdiction and the certification to the .%R& has the effect of a tomatically en=oining the strike or locko t$ whether act al or intended$ e0en if the same has not been categorically stated or does not appear in the ass mption or certification order. It is not a matter of option or 0ol ntariness b t of obligation. It m st be discharged as a d ty e0en against the worker8s

will. The worker m st ret rn to his =ob together with his co<workers so that the operation of the company can be res med and it can contin e ser0ing the p blic and promoting its interest. > > >. It is e>ec tory in character and shall be strictly complied with by the parties e0en d ring the pendency of any petition 7 estioning their 0alidity > > > precisely to maintain the stat s 7 o while the determination is being made. !-nion of ,ilipro Employees 0s. .estle +hilippines$ Inc.$ /R .o. 33)1C<14$ ;ecember 12$ 122C#. 34. WHAT ARE THE LEGAL CONSEQUENCES IN CASE OF DEFIANCE OF THE RETURN%TO%WORK ORDER "Y THE EMPLOYER AND "Y THE EMPLOYEES? A. In case of non<compliance with the ret rn<to<work order in connection with the certification or ass mption of = risdiction by the Secretary of %abor$ the employees concerned may be s b=ected to immediate disciplinary action$ incl ding dismissal or loss of employment stat s or payment by the locking<o t employer of backwages$ damages and other affirmati0e relief e0en criminal prosec tion against either or both of them. The Secretary of %abor may cite the defiant party in contempt p rs ant to the power 0ested in him nder the pro0isions of the %abor &ode. 35. CAN THE PHILIPPINE NATIONAL POLICE *PNP+ "E DEPUTI,ED TO ENFORCE ORDERS FROM THE DEPARTMENT OF LA"OR AND EMPLOYMENT? A. Hes. The Secretary of %abor and Employment$ the .ational %abor Relations &ommission !.%R&# or any %abor Arbiter may dep ti5e the +.+ to enforce any of its order$ award or decision.

36.

IN CASE THE PNP IS DEPUTI,ED TO ENFORCE ORDERS FROM THE DEPARTMENT OF LA"OR, WHAT WILL "E ITS ROLE?
In s ch a case$ the role of the +.+ is merely to assist the sheriff or the appropriate ;1%E 1fficers in enforcing the decision$ award or order. It shall maintain peace and order and p blic safety in the area where the decision$ award or order is to be enforced. It shall also gi0e sec rity to the officers enforcing the decision$ award or order. !+lease

see also Article "(' !d#$ Article "(( of the %abor &ode$ as amended$ and / idelines for the &ond ct of +.+ ; ring Strikes$ %ocko ts and %abor ;isp tes in /eneral$ 1ct. ""$ 123)#.

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WHAT IS A STRIKE AREA? A. A strike area incl desA !a# the establishment of the employer str ck against incl ding r n<away shops$ factories or wareho ses and other premises where members of the bargaining nit carry o t the operations and b siness of the employer$ and !b# the area immediately before points of entrance and e>it of establishment str ck against.

3!.

IS THE INGRESS AND EGRESS OF THE ESTA"LISHMENT PART OF THE STRIKE AREA? A. .o. Since it is not part of the strike area$ the same co ld not be blocked or picketed. WHO IS A STRIKE%"REAKER? A. A strike<breaker means any person who obstr cts$ impedes or interferes with by force$ 0iolence$ coercion$ threats or intimidation any peacef l picket by employees d ring any labor contro0ersy.

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APPENDI) 1

,orm 1
APPENDI) 2

DEFINITION OF TERMS 1. NATIONAL CONCILIATION AND MEDIATION "OARD or .&69$ for short$ refers to the agency attached to the ;epartment of %abor and Employment principally in charge of the settlement of labor disp tes thro gh conciliation$ mediation and the promotion of 0ol ntary approaches to labor disp te pre0ention and settlement. CONCILIATOR%MEDIATOR official of the .&69 whose principal f nction is to settle and dispose potential and act al labor disp tes thro gh conciliation and pre0enti0e mediation incl ding the promotion and enco ragement of 0ol ntary approaches to labor disp te pre0ention and settlement. NATIONAL LA"OR RELATIONS COMMISSION .%R&$ for short$ refers to the agency attached to the ;epartment of %abor and Employment in charge of deciding labor cases thro gh comp lsory arbitration. "ARGAINING DEADLOCK fail re to agree on the terms and conditions of the &ollecti0e 9argaining Agreement between the management and the nion. UNFAIR LA"OR PRACTICE < either by employers or labor organi5ations as en merated nder Article "'3 and "'2 of the %abor &ode$ as amended. PRE ENTI E MEDIATION CASE refers to the potential or brewing labor disp te which is the s b=ect of a formal or informal re7 est for conciliation and mediation assistance so ght by either or both parties in order to remedy$ contain or pre0ent its degeneration into a f ll blown disp te thro gh amicable settlement. INTRA%UNION DISPUTE refers to a case in0ol0ing the control$ s per0ision and management of the internal affairs

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of a d ly registered labor nion s ch as those relating to specific 0iolations of the nion8s constit tion and by<laws. 3. INTER%UNION DISPUTE < refers to cases in0ol0ing a petition for certification election and direct certification filed by a d ly registered labor organi5ation which is seeking to be recogni5ed as the sole and e>cl si0e bargaining agent of the rank and file employees in the appropriate bargaining nit of a company$ firm or establishment. OLUNTARY AR"ITRATION a third party settlement of a labor disp te in0ol0ing the m t al consent by the representati0e of the company and the labor nion in0ol0ed in a labor disp te to s bmit their case for arbitration.

2.

APPENDI) 3 RELATED CONSTITUTIONAL PRO ISIONS

I.

AND

STATUTORY

RELATED CONSTITUTIONAL PROVISIONS

S-.. 1! A/01.2- II. The State affirms labor as a prime social economic force. It shall protect the right of workers and promote their welfare. S-.. 3 A/01.2- )III The State shall afford f ll protection to labor$ local and o0erseas$ organi5ed and norgani5ed$ and promote f ll employment and e7 ality of employment opport nities for all. It shall g arantee the rights of all workers to self< organi5ation$ collecti0e bargaining and negotiations$ and peacef l concerted acti0ities$ incl ding the right to strike in accordance with law. They shall be entitled to sec rity of ten re$ h mane conditions of work and li0ing wage. They shall participate in policy and decision<making process affecting their rights and benefits as may be pro0ided by law.

The State shall promote the principle of shared responsibility between workers and employers and the preferential se of 0ol ntary modes in settling disp tes$ incl ding conciliation$ and shall enforce their m t al compliance therewith to foster ind strial peace. The State shall reg late the relations between the workers and employers$ recogni5ing the right of labor to its = st share in the fr its of prod ction and the right of enterprises to reasonable ret rn on in0estments$ and to e>pansion and growth. II. PRO ISIONS FROM THE LA"OR CODE A/0. 211 D-.23/30145 46 P421.7 A. It is the policy of the StateA a. To promote and emphasi5e the primacy of free collecti0e bargaining and negotiations$ incl ding 0ol ntary arbitration$ mediation and conciliation$ as modes of settling labor or ind strial disp tesB To promote free trade nionism as an instr ment for the enhancement of democracy and the promotion of social = stice and de0elopmentsB To foster the free and 0ol ntary organi5ation of a strong and nited labor mo0ementB To promote the enlightenment of workers concerning their rights and obligations as nion members and as employeesB To pro0ide an ade7 ate administrati0e machinery for the e>peditio s settlement of labor or ind strial disp teB To ens re a stable b t dynamic and = st ind strial peaceB and

b.

c. d.

e.

f.

g.

To ens re the participation of workers in decision and policy<making processes affecting their rights$ d ties and welfare.

9.

To enco rage a tr ly democratic method of reg lating the relations between the employers and employees by means of agreement freely entered into thro gh collecti0e bargaining$ no co rt or administrati0e agency or official shall ha0e the power to set or fi> wages$ rates of pay$ ho rs of work or other terms and conditions of employment$ e>cept as otherwise pro0ided nder this &ode. U5631/ L384/ P/3.01.-9 46 E:;247-/9.

A/0. 24!.

It shall be nlawf l for an employer to commit any of the following nfair labor practiceA a. To interfere with restrain or coerce employees in the e>ercise of their right to self< organi5ationB To re7 ire as a condition of employment that a person or an employee shall not =oin a labor organi5ation or shall withdraw from one to which he belongsB To contract o t ser0ices or f nctions being performed by nion members when s ch will interfere with$ restrain or coerce employees in the e>ercise of their rights to self<organi5ationB To initiate$ dominate$ assist or otherwise interfere with$ restrain or coerce employees in the e>ercise of their rights to self<organi5ationB To discriminate in regard to wages$ ho rs or work and other terms and conditions of employment in order to enco rage or disco rage membership in any labor organi5ation. .othing in this &ode or in any other law shall stop the parties from re7 iring membership in a recogni5ed collecti0e bargaining agent. Employees of an

b.

c.

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appropriate collecti0e bargaining nit who are not members of the recogni5ed collecti0e bargaining agent may be assessed a reasonable fee e7 i0alent to the d es and other fees paid by members of the recogni5ed collecti0e bargaining agent$ if s ch non< nion members accept the benefits nder the collecti0e agreement. +ro0ided$ that the indi0id al a thori5ation re7 ired nder Art. "'"$ paragraph !o# of this &ode shall not apply to the non<members of the recogni5ed collecti0e bargaining agentB f. To dismiss$ discharge$ or otherwise pre= dice or discriminate against an employee for ha0ing gi0en or being abo t to gi0e testimony nder this &odeB To 0iolate the d ty to bargain collecti0ely as prescribed by this &odeB To pay negotiation or attorney8s fees to the nion or its officers or agents as part of the settlement of any iss e in collecti0e bargaining or any other disp teB or To 0iolate a collecti0e bargaining agreement.

g. h.

i.

The pro0ision of the preceding paragraph notwithstanding$ only the officers and agents of corporation$ association or partnership who ha0e act ally participated in$ a thori5ed or ratified nfair labor practice shall be held criminally liable. A/0. 24#. U5631/ L384/ P/3.01.-9 46 L384/ O/<351=301459. It shall be nlawf l for a labor organi5ation$ its officers$ agents or representati0es to commit any of the following nfair labor practicesA a. To restrain or coerce employees in the e>ercise of their right to self<organi5ationA +ro0ided$

that labor organi5ation shall ha0e the right to prescribe its own r les with respect to the ac7 isition or retention of membershipB b. To ca se or attempt to ca se an employer to discriminate against an employee$ incl ding discrimination against an employee with respect to whom membership in s ch organi5ation has been denied to or terminate an employee on any gro nd other than the s al terms and conditions nder which membership or contin ation of membership is made a0ailable to other membersB To 0iolate the d ty or ref se to bargain collecti0ely with the employer$ pro0ided it is the representati0e of the employeesB To ca se or attempt to ca se an employer to pay or agree to pay or deli0er any money or other things of 0al e$ in the nat re of an e>action$ for ser0ices which are not performed or not to be performed incl ding the demand for a fee for nion negotiationsB To ask for or accept negotiation or attorney8s fees from employers as part of the settlement of any iss e in collecti0e bargaining or any other disp teB or To 0iolate a collecti0e bargaining agreement. The pro0isions of the preceding paragraph notwithstanding$ only the officers$ members of go0erning boards$ representati0es or agents or members of labor associations or organi5ations who ha0e act ally participated in$ a thori5ed or ratified nfair labor practices shall be held criminally liable. A/0. 263. a. S0/1>-9, P1.>-015< 35? L4.>4@09 It is the policy of the State to enco rage free trade nionism and free collecti0e bargainingB

c.

d.

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f.

b.

:orkers shall ha0e the right to engage in concerted acti0ities for p rposes of collecti0e bargaining or for their m t al benefit and protection. The right of legitimate labor organi5ation to strike and picket and of employers to locko t$ consistent with the national interest$ shall contin e to be recogni5ed and respected. Gowe0er$ no labor nion may strike and no employer may declare a locko t on gro nds in0ol0ing inter< nion and intra< nion disp tesB In cases of bargaining deadlocks$ the d ly certified or recogni5ed bargaining agent may file a notice of strike or the employer may file a notice of locko t with the ;epartment at least 4C days before the intended date thereof. In cases of nfair labor practice$ the period of notice shall be 1* days and in the absence of d ly certified or recogni5ed bargaining agent$ the notice of strike may be filed by any legitimate labor organi5ation in behalf of its members. Gowe0er$ in case of dismissal from employment of nion officers d ly elected in accordance with the nion constit tion and by< laws$ which may constit te nion b sting where the e>istence of the nion is threatened$ the 1*<day cooling<off period shall not apply and the nion may take action immediatelyB The notice m st be in accordance with s ch implementing r les and reg lations as the Secretary of %abor and Employment may prom lgateB ; ring the cooling<off period$ it shall be the d ty of the ;epartment to e>ert all efforts at mediation and conciliation to effect a 0ol ntary settlement. Sho ld the disp te remain nsettled ntil the lapse of the re7 isite n mber of days from the mandatory filing of the notice the labor nion may declare a strike.

c.

d.

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f.

A decision to declare a strike m st be appro0ed by a ma=ority of the total nion membership in the bargaining nit concerned$ obtained by a secret ballot in meetings or referenda called for that p rpose. A decision to declare a locko t m st be appro0ed by the ma=ority of the board of directors of the corporation or association or of the partners in a partnership$ obtained by a secret ballot in a meeting called for that p rpose. The decision shall be 0alid for the d ration of the disp tes based on s bstantially the same gro nds considered when the strike or locko t 0ote was taken. The ;epartment may$ at its own initiati0e or pon the re7 est of any affected party$ s per0ise the cond ct of the secret balloting. In e0ery case$ the nion or employer shall f rnish the ;epartment the res lts of the 0oting at least se0en days before the intended strike or locko t$ s b=ect to the cooling<off period herein pro0ided. :hen$ in his opinion$ there e>ists a labor disp te ca sing or likely to ca se a strike or locko t in an ind stry indispensable to the national interest$ the Secretary of %abor and Employment may ass me = risdiction o0er the disp te and decide it or certify the same to the &ommission !.ational %abor Relations &ommission# for comp lsory arbitration. S ch ass mption or certification shall ha0e the effect of a tomatically en=oining the intended or impending strike or locko t as specified in the ass mption or certification order. If one has already taken place at the time of ass mption of certification$ all striking or locked o t employees shall immediately ret rn to work and the employer shall immediately res me operations and readmit all workers nder the same terms and condition pre0ailing before the strike or locko t. The Secretary of %abor and Employment or the

g.

&ommission may seek assistance of law enforcement agencies to ens re compliance with this pro0ision as well as with s ch order as he may iss e to enforce the same. In line with the national concern for and the highest respect accorded to the right of patients to life and health$ strikes and locko ts in hospitals$ clinics and similar medical instit tions shall$ to e0ery e>tent possible$ be a0oided$ and all serio s efforts$ not only by labor and management b t go0ernment as well$ be e>ha sted to s bstantially minimi5e$ if not pre0ent$ their ad0erse effects on s ch life and health$ thro gh the e>ercise$ howe0er legitimate$ by labor of its right to strike and by management to locko t. In labor disp tes ad0ersely affecting the contin ed operation of s ch hospitals$ clinics or medical instit tions$ it shall be the d ty of the striking nion or locking<o t employer to pro0ide and maintain an effecti0e skeletal workforce of medical and other health personnel$ whose mo0ement and ser0ices shall be nhampered and nrestricted$ as are necessary to ins re the proper and ade7 ate protection of the life of its patients$ most especially emergency cases$ for the d ration of the strike or locko t. In s ch cases$ therefore$ the Secretary of %abor and Employment may immediately ass me$ within twenty<fo r !"'# ho rs from knowledge of the occ rrence of s ch a strike or locko t$ = risdiction o0er the same or certify it to the &ommission for comp lsory arbitration. ,or this p rpose$ the contending parties are strictly en=oined to comply with s ch orders$ prohibitions andDor in= nctions as are iss ed by the Secretary of %abor and Employment or the &ommission$ nder pain of immediate disciplinary action$ incl ding dismissal or loss of employment stat s or payment by the locking<o t employer or backwages$ damages

and other affirmati0e relief$ e0en criminal prosec tion against either or both of them. The foregoing notwithstanding$ the +resident of the +hilippines shall not be precl ded from determining the ind stries that$ in his opinion$ are indispensable to the national interest$ and from inter0ening at any time and ass ming = risdiction o0er any s ch labor disp te in order to settle or terminate the same. h. The Secretary of %abor and Employment$ the &ommission or the 0ol ntary arbitrator shall decide or resol0e the disp te$ as the case may be. The decision of the +resident$ the Secretary of %abor and Employment$ the &ommission or the 0ol ntary arbitrator shall be final and e>ec tory ten !1C # calendar days after receipt thereof by the parties.

APPENDI) 4 GUIDELINES GO ERNING LA"OR RELATIONS In line with the program to promote ind strial peace as an essential re7 irement to achie0e national economic and social programs$ the following g idelines shall be obser0ed in the cond ct and disposition of labor disp tes by all concerned. R1<A0 04 S0/1>- 4/ L4.>4@0 1. The right to strike is a constit tional and legal right of the workers as employers ha0e the right to locko t$ all within the conte>t of labor relations and collecti0e bargaining. S b=ect to the enactment by &ongress of amendments or a new law on labor relations$ the pro0isions of e>isting laws shall go0ern the e>ercise of those rights.

L-<32 R-B@1/-:-509 ". The e>ercise of the right to strike or locko t shall be s b=ect to the following re7 irementsA a. a strike or locko t shall be filed with the labor department at least 1* days if the iss es raised are nfair labor practice or at least 4C days if the iss e in0ol0ed bargaining deadlockB the strike or locko t shall be s pported by a ma=ority 0ote of the members of the nion or the members of the board of directors of corporations or associations or partnership$ obtained by secret ballot in a meeting called for the p rposeB and strike or locko t 0ote shall be reported to the labor department at least ) days before the intended strike or locko t.

b.

c.

4.

In case of dismissal from employment of nion officers d ly elected in accordance with the nion constit tion and by<laws$ which may constit te nion b sting where the e>istence of the nion is threatened$ the 1*<day cooling<off period shall not apply and the nion may take action immediately.

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The re7 irements for 0alid strike or locko t are mandatory in character and non<compliance therewith is s fficient gro nd to declare the strike or locko t illegal$ pon filing of a proper petition and after d e hearing with the appropriate Arbitration 9ranch of the .ational %abor Relations &ommission.

321? G/4@5?9 64/ S0/1>- 4/ L4.>4@0 *. The law recogni5es two gro nds for the 0alid e>ercise of the right to strike or locko t$ namelyA a. b. nfair labor practice bargaining deadlock

(. In order to be 0alid$ the notice of strike or locko t on gro nds of nfair labor practice$ shall state the specific acts complained of. In case of bargaining deadlock$ the notice m st specify the nresol0ed iss es and m st show proof that the parties ha0e e>ha sted all efforts to resol0e the deadlock. ). If on the face of the notice$ the iss es raised are non<strikeable$ the Regional 1ffice shall dismiss mot <proprio the notice witho t pre= dice to conciliation pon re7 est of either or both parties. CONCILIATION 3. -pon receipt of a 0alid notice of strike or locko t$ it shall be the d ty of labor conciliators to call the parties to a conference immediately within a period not e>ceeding '3 ho rs. .otices of conference to the parties shall be done thro gh the fastest a0ailable means of comm nication s ch as telephones and telegrams. 2. ; ring the initial conference$ it shall be the d ty of the conciliator to see to it that the iss es raised in the notice are properly identified. If the iss e in0ol0es alleged nfair labor practice$ the conciliator sho ld clarify with the parties the specific acts of nfair labor practice. If the acts complained of in0ol0ed dismissal of d ly elected nion officers which may constit te nion b sting and where the e>istence of the nion is threatened$ the

conciliator shall cond ct marathon conferences and e>ert efforts to help the parties settle the iss e.

1C.

If the nfair labor practice acts complained of in0ol0es alleged 0iolation of &9A and 7 estions of interpretations or implementation of the agreement$ the &onciliator shall enco rage the parties to respect the pro0isions of the collecti0e bargaining agreement and to a0ail of the established grie0ance machinery incl ding 0ol ntary arbitration. If the parties decide to designate the conciliator as 0ol ntary arbitrator$ his or her acceptance of s ch designation shall be s b=ect to ;epartment 1rder .o. 1C$ Series of 123). In cases of bargaining deadlocks$ the conciliator shall cond ct marathon or series of conferences to enable the parties to reach an agreement before the e>piration of the 4C<day cooling<off period. If the iss es in0ol0es alleged 0iolation of labor standards$ the conciliator shall immediately assign a labor inspector to act on the reported 0iolation and to s bmit a report of his findings within "' ho rs$ copy f rnished the conciliator concerned. The labor inspector and the Regional director shall effect immediate compliance by the employer with the labor standards 0iolated. If the iss e in0ol0es inter< nion disp tes$ the conciliator shall e>ert all efforts to enable the parties to settle the iss e either thro gh 0ol ntary recognition or consent election. 1therwise$ the conciliator shall immediately inform the Regional ;irector or 9%R& ;irector as the case may be$ in order that a 6ed<Arbiter can be directed to resol0e the case within a period of fi0e !*# days. It shall be the d ty of the &onciliator to record in the min tes e0ery point of agreement as well as the nresol0ed iss es. Referrals of representation cases and labor standards 0iolations incl ding those that are grie0able nder the &9A$ shall be d ly noted in the min tes of the conference. The conciliator shall acti0ely monitor the progress and de0elopments on these cases with concerned labor officials.

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PICKETING

; ring strikes$ workers en=oy the right to peacef l picketing which is the marching to and fro before the premises of an establishment in0ol0ed in a labor disp te$ generally accompanied by the carrying and display of signs$ placards or banners with statements relating to the disp te. 1*. The right to peacef l picketing shall be e>ercised by the workers with d e respect for the rights of others. .o person engaged in picketing shall commit any act of 0iolence$ coercion or intimidation. Stationary picket$ the se of means like placing of ob=ects to constit te permanent blockade or to effecti0ely close points of entry or e>it in company premises are prohibited by law.

IN(UNCTIONS 1(. .o co rt or entity shall en=oin any picketing$ strike or locko t e>cept as pro0ided in Article "13 and "(4 of the %abor &ode$ as amended. The .ational %abor Relations &ommission proper shall ha0e the power to iss e temporary in= nctions b t only after d e notice and hearing and in accordance with its r les. It may also iss e restraining orders to appropriate cases s b=ect as a general r le to the re7 irements of d e notice and hearing. +etitions for in= nctions or restraining orders shall be handled or resol0ed with e>treme care and ca tion. All efforts to conciliate or settle amicably the iss es in the main disp te and those in0ol0ed in petitions for in= nctions shall be e>ha sted. In= nctions and restraining orders therefore may be iss ed only in case of e>treme necessity based on legal gro nds clearly established$ after d e cons ltations or hearing and when all efforts at conciliation are e>ha sted. In= nction orders shall be enforced only to the e>tent necessary to correct 0iolations of law and shall not pre0ent the workers from e>ercising the right to peacef l picketing. The right to ingress or egress may be e>ercised only for lawf l p rposes as may be indicated in the in= ncti0e orders in line with established = rispr dence. In= nction orders iss ed nder Article "13 and "(4 of the %abor &ode$ as amended$ shall be ser0ed and enforced by appropriate officials or employees of the .ational %abor Relations &ommission or by s ch officials or employees of the ;epartment

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12.

"C.

of %abor and Employment who may be designed by the labor secretary. "1. The assistance of other ci0ilian a thorities like national$ local or city officials may be so ght$ if necessary. 1nly nder e>treme circ mstances shall the assistance of the +&DI.+ be enlisted and in s ch cases$ the police a thorities shall also ser0e on a s pporti0e capacity to the labor department officials or employees. All efforts m st be e>erted in all cases to bring abo t 0ol ntary and peacef l compliance with in= ncti0e orders. +&DI.+ representati0es shall be g ided by d ly prom lgated g idelines.

RETURN TO WORK ORDERS "". The power to iss e ass mption and certification orders is an e>traordinary a thority granted to the +resident or the Secretary of %abor$ the e>ercise of which shall be strictly limited to the national interest cases. The iss ance of ass mption or certification orders a tomatically en=oins the intended or impending strike or locko t and if one has already taken place$ all striking or locked o t employees shall immediately ret rn to work and the employer shall immediately res me operations and re<admit all workers nder the same terms and conditions pre0ailing before the strike or locko t. Ass mption and certification orders are e>ec tory in character and shall be strictly complied with by the parties e0en d ring the pendency of any petition 7 estioning their 0alidity. In case of non<compliance with ret rn<to<work<orders$ in connection with the certification and ass mption of = risdiction by the Secretary of %abor$ the party concerned maybe s b=ected to the sanctions pro0ided by law. Employers who ref se to re< admit ret rning workers may be liable$ pon filing of proper petition$ for the payment of wages and other benefits from the date of act al ref sal ntil the workers are re<admitted.

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REMEDIES "*. A strike or locko t maybe declared illegal if any of the re7 irements for a 0alid strike or locko t is not complied with or if declared based on non<strikeable iss es$ or when the iss es in0ol0ed are already the s b=ect of arbitration. ; ring a strike

or locko t$ either of the parties are additionally prohibited from committing illegal acts. "(. The employer or the nion may file the proper petition to the appropriate Arbitration 9ranch of the .%R& to seek a declaration of the illegality of the strike or locko t s b=ect to the pro0ision of Article "(4 !g#. It shall be the d ty of the %abor Arbiter concerned to act on the case immediately and dispose of the same s b=ect only to the re7 irements of d e process. If a strike is declared to be illegal$ the employer may be a thori5ed to terminate the employment of nion officials who knowingly participate in the illegal strike and any worker or nion officer who knowingly participates in the commission of illegal acts d ring the strike or locko t. In case of an illegal locko t$ any worker whose employment has been terminated as a conse7 ence thereof$ shall be reinstated with payment of f ll backwages and other benefits.

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"3.

DEPARTMENT ORDER NO. ' "2. Employers$ workers and concerned labor department officials are en=oined to faithf lly obser0e the principles contained in ;epartment 1rder .o. ) iss ed on ) 6ay 123) which were based on the agreement reached d ring the .ational Tripartite &onference held on April 1C<11$ 123) in Tagaytay &ity.

12 1ctober 123). !Sgd.# ,RA.K%I. 6. ;RI%1. Secretary of %abor and Employment

APPENDI) 5