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CONSTITUTION : A13 S3 protects the workers rights to:

Self-organization
Collective Bargaining
Negotiations
Peaceful concerted activities
o Includes everything short of strike
o 277 : engage in concerted activities for
purposes of collective bargaining and
for their mutual protection and benefit
Right to Strike in accordance with Law
ARTICLE 277:

Bargaining Deadlock (situation between the


labor and the management company where
there is failure of collective bargaining that
results to a stalemate)
o Employees: Notice of Strike
o Employer: Notice of Lockout
o 30 DAYS
ULP
o 15 DAYS
o in the absence of a duly certified or
recognized bargaining agent: any
legitimate LO in behalf of the union
Termination of a union officer (constituting
union busting) where the existence of a union
is threatened
o 15 DAYS cooling off period shall not
apply
o union may take action IMMEDIATELY (if
they wait, the union will diiieeeee)

NOTICE OF STRIKE approved by a majority of the total


union membership
Contents: NNNS

Name and address of ER &


union involved

Nature of industry to which the


employer belongs

Number of union members and


the workers in the bargaining
unit

Such other relevant info that


may facilitate dispute
settlement

IF Bargaining Deadlock : issues


+ proposals

IF ULP : acts complained of


WHAT ARE THE REQUISITES OF A LAWFUL STRIKE
OR LOCKOUT?
A.
The requirements for a valid strike or
lockout are
as follows:
It must be based on a valid and factual ground;
A strike or lockout NOTICE shall be filed with the
National Conciliation and Mediation Board
(NCMB) at least 15 days before the intended
date of the strike or lockout if the issues raised
are unfair labor practices, or at least 30 days
before the intended date thereof if the issue
involves bargaining deadlock.

In cases of dismissal from employment of union


officers duly elected in accordance with the
union constitution and by-laws, which may
constitute UNION BUSTING where the existence
of the union is threatened, the 15-day coolingoff period shall not apply and the union may take
action immediately after the strike vote is
conducted and the result thereof submitted to
the Department of Labor and Employment.
1.

A strike must be approved by a majority


vote of the members of the Union and a lockout
must be approved by a majority vote of the
members of the Board of Directors of the
Corporation or Association or of the partners in
a partnership, obtained by secret ballot in a
meeting called for that purpose.

2.

A strike or lockout VOTE shall be reported to


the NCMB-DOLE Regional Branch at least 7 days
before the intended strike or lockout subject to
the cooling-off period.
In the event the result of the strike/lockout ballot
is filed within the cooling-off period, the 7day requirement shall be counted from the day
following the expiration of the cooling-off period.
(NSFW vs. Ovejera, G.R. No. 59743, May 31,
1982)
In case of dismissal from employment of union
officers which may constitute union busting, the
time requirement for the filing of the Notice of
Strike shall be dispensed with but the strike vote
requirement being mandatory in character, shall
in every case be complied with.
The dispute must not be the subject of an
assumption of jurisdiction by the President or the
Secretary of Labor and Employment, a
certification for compulsory or voluntary
arbitration nor a subject of a pending case
involving the same grounds for the strike or
lockout.

NOTICE OF LOCKOUT approved by a majority of the


board of directors
copy of results of Secret Ballot voting
submitted to DOLE at least 7 DAYS before date
of intended strike/lockout
INDUSTRY INDISPENSABLE TO THE NATIONAL INTEREST
(Article 277 paragraph g)
DOLE SECRETARY may
ASSUME Jurisdiction
DECIDE the Case or
Certify it to the NLRC for compulsory arbitration
-> effect: automatically enjoining the
intended/impending strike/lockout (stated in
the Assumption or Certification Order)
COOLING OFF PERIOD : Mediation and Conciliation = to
effect Voluntary Settlement
ARTICLE 278:

STRIKE any temporary stoppage of work by the


concerted action of employees as a result of a labor or
industrial dispute
LOCKOUT temporary refusal of an employer to furnish
work as a result of a labor or industrial dispute
PEACEFUL PICKETING rights of workers to strike
including marching to and fro before the premises of
the establishment involved in a labor dispute
REQUIREMENTS of a VALID/LEGAL Strike:
Notice of Strike
Cooling Off Period
Strike Vote - majority
Strike Vote Report (7-day Strike Ban)
STRIKE cessation of work by employees in an effort to
get more favorable terms for themselves; most
effective weapon in protecting the rights of employees
to improve terms and conditions of employment
Nature of the RIGHT TO STRIKE: STATUTORY
(guaranteed by the Constitution) and as a LAST
RESORT (must exhaust all available remedies,
ie., mediation, arbitration, grievance
machinery)
Protection of the RIGHT:
o Cannot discriminate against worker for
participating in a strike
o Cannot be subject to injunction or TRO
o Use of strike breaker not allowed
o Mere Participation does not sever
employment relation
CHARACTERISTICS:
1. E there exists a relationship between the
striking group and against whom the strike is
called
2. R the relationship is one of EE-ER
3. D there is a labor dispute
4. C the contention advanced by the EE is that
there is work stoppage but the employment
relation remains albeit in belligerent
suspension
5. W there is work stoppage and such stoppage
is temporary
6. C work stoppage is done through concerted
activity
7. S the striking group is a legitimate labor
organization
POLICE / LAW ENFORCEMENT ROLE : shall not be
stationed at the picket or confrontation line (outside
50-m radius unless there is a public thoroughfare)
KINDS OF STRIKE
Extent:
General extends to community, province,
state or country
Local / Particular particular enterprise,
industry, occupation
Nature:
Strike Proper
Sit Down Strike remaining in possession of
property of ER

Partial / Quickie intermittent and


unannounced stoppage of work, extended
break periods
o Wildcat strike violates labor contract
and unauthorized by the union

Degree of EE Interest
Primary direct and immediate interest
Secondary 3rd party (supplier); there is
connection in product or employment
Sympathetic illegal strike; no direct grievance
or concession; in sympathy to other strikers;
Purpose/Nature of EE Interest
Economic (bargaining deadlock)
ULP
SIX (6) FACTORS AFFECTIVE LEGALITY OF STRIKE
Ludwig Teller
P contrary to a specific probation of law (govt
employees striking)
R contrary to a specific requirement of law
U declared for unlawful purpose (inducing ER to
commit ULP)
M declared for unlawful means (widespread terrorism
against nonstrikers)
I in violation of an existing injunction
A in violation of an existing agreement (no strike
clause, conclusive arbitration agreement)
Slowdown / Overtime Boycott = Illegal Strike
Strike during Arbitration / Preventive Mediation =
Illegal
Violation of a Valid NLRC Order = illegal strike
Grievance Procedure Bypassed = Illegal
*Dismissal of Employee During Conciliation: EEs defiant
(GTE directories corp. v. Sanchez)
NON-STRIKEABLE ISSUES: IVACEN
I inter-union and intra-union disputes
V violation of labor standards
A any issue involving wage distortion
C cases PENDING before dole, blr, nlrc, ca, supreme
court, etc.
E enforcement and execution of final orders,
resolutions, decisions, and awards in the foregoing
N issues covered by a no-strike commitment in a duly
executed CBA
CONVERSION DOCTRINE : started out as an
economic strike but converted to ULP strike because
the actions of the employer prolonged the time that
the strike would have terminated in due course if it
were an economic strike; applied in the case of Laid
Law Corp.
Strikers that are permanently replaced during the
economic phase of the strike are not entitled to
immediate reinstatement but those that have been
replaced after the date of conversion are.
Legality of Strike : Not dependent on the ability of
MGMT to grant demands; If cannot grant = reject
demands, do not punish employees

Illegal Strike -> not necessarily results to termination


because SECURITY OF TENURE is a provision of the
Constitution (EXCEPT for union OFFICERS)
UPL STRIKE IN GOOD FAITH
Two tests in determining existence of ULP Strike (OS)
1. OBJECTIVELY when the strike is declared in
protest of a ULP which is found to have been
actually committed;
2. SUBJECTIVELY when the strike is declared in
protest of a ULP which the union believed the
management committed, and such
circumstances warranted such belief in good
faith, although it was subsequently found as
not committed;
FERRER Ruling : it is not required that there be in fact a
ULP committed by the ER. It suffices that such a belief
in good faith is entertained by the EE as the inducing
factor for staging a strike.
Good Faith Strike requires rational basis!
!!! Philippine Metal Foundries, Inc. V. CIR = Valid strike
even if no prior notice or in violation of no strike clause
(because of union busting? And because no-strike
clause only applies to economic strike, not ULP strike)
OVERTURNED (the no prior notice)
RULE: Good Faith Strike(ULP) still requires Notice and
Strike Vote)
VICARIOUS LIABILITY mere membership in the union
serves as basis for liability for acts of individuals done
on behalf of the union (presumes conspiracy)
debunked in the Industrial Peace Act / Labor Code
If Illegal Strike = Dismissal = Apply Vicarious Liability
Rule ONLY when the worker knowingly participates in
the commission of the illegal act during a strike.
(penalized with dismissal)
Distinction: Worker v. Union Officer
1. Mere participation of a worker in an ILLEGAL
STRIKE shall not result to his termination. There
must be proof that he participated in an
ILLEGAL ACT during the strike.
2. A union officer may be terminated for
KNOWINGLY PARTICIPATING in an illegal strike
OR when he commits an illegal act during a
strike.

Effects of defiance: EE dismissal, loss of employment


status ; ER payment of backwages, damages,
affirmative relief
Industrial Pharma v. Sec : SEC was conferred with
jurisdiction over cases which would otherwise be under
the original and exclusive jurisdiction vested in the
labor arbiters. There was an existing labor dispute
resulting from a deadlock in the negotiation for a CBA
consequent strike, SEC assumed jurisdiction over.
Necessarily, this Authority to AJ over the labor
dispute must include and extend to all
questions and controversies arising therefrom,
including cases which the labor arbiter has
exclusive jurisdiction. (jurisdiction over
incidental issues)
The submission of an incidental issue of
a labor dispute, in
assumption/certification cases, to SEC
for his resolution is one of the instances
where the SEC may exercise concurrent
jurisdiction together with Labor Arbiter.
ARTICLE 277 extraordinary and preemptive power to
address an extraordinary situation (strike/lockout in an
industry indispensable to national interest)
Abdication of SEC Abuse of Discretion (EXCEPT:
University of San Agustin case, where the parties had a
no-strike no lockout clause requiring that disputes be
settled in voluntary arbitration)

Procedure in Certified Cases:


1) If there is no need to conduct clarificatory
hearing, NLRC shall resolve case within 30 days
from receipt
2) If clarificatory hearing is needed, NLRC shall
within 5 days from receipt of records issue a
notice to be served on the parties through the
fastest means available
3) No motion for postponement or extension shall
be entertained
Execution of Judgment Certified Case upon issuance
of the entry of judgment, the NLRC (motu propio or
upon motion by property party) may cause the
execution of judgment in the certified case
PHILIPPINE BLOOMING MILLS & TOYOTA WORKERS

(one of the factors affecting legality) INJUNCTION


Assumption of Jurisdiction by the SEC Prior Notice Not
Required
AJO / ACO immediately effective even w/o RTWO
(makes strike illegal activity)
Refusal to Receive RTWO = defiance of order

In both cases : the workers conducted strike not


against the company.
In blooming mills, it is NOT an illegal strike even if
there was a no strike lockout clause because workers
conducted their rally against abuses of Pasig Police
Officers. The rally is in a form of constitutional right of
freedom of speech. There was no labor dispute.

Defying RTWO = Illegal Act


In Toyota, workers conducted their rally not against the
employer but against DOLE. However, there was an
existing labor dispute. The Blooming case situation

cannot apply here because the the reason why the


Toyota workers were conducting a rally was because
they were not acknowledged as sole bargaining agent.
They also did not get permit, etc. that's why illegal. In
blooming mills, rally was not work related.