Who may validly strike?
 LLO
 In an Organized: a Certified Bargaining Agent
 In an unorganized: any LLO but only on the ground
of ULP.
Who may validly declare a lockout?
 The Employer based on:
o Bargaining Deadlock
o ULP
Who may stage a picket?
 The absence of EE-ER relationship does not affect
the picketing.
 Example: a picket conducted by EE with militant
groups Bayan or Gabriela
REQUISITE FOR VALID STRIKE
1. On valid and factual grounds
The law only recognized:
a. Economic Strike (CBA Deadlock)
ƒ Violation of CBA, except when gross, is not an
unfair labor practice, hence, may not be cited
as ground for a valid strike. Ordinary violation
of a CBA is no longer treated as an unfair labor
practice but as a mere grievance which should
be processed through the grievance machinery
and voluntary arbitration. ƒ Inter-union or
intra-union dispute is not a valid ground. ƒ
Violation of labor standards is not a valid
ground. ƒ Wage distortion is not a valid
ground.
b. Political Strike (ULP)
2. A notice of strike is filed with the NCMB-DOLE
3. 24-HR PRIOR NOTICE OF STRIKE VOTE: The notice
should be given within 24 hrs prior to the taking of
the strike vote of the decision to conduct a strike
vote, date, place and time.
4. CONDUCT A STRIKE VOTE: The strike vote must be
obtained by majority of a secret ballot
a. MAJORITY approval of the Strike of the TOTAL
UNION MEMBERSHIP
b. PURPOSE: broadly rests with the majority of the
union members
5. SUBMISSION OF STRIKE VOTE TO NCMB: A strike
vote report should be submitted to the NCMB at
least 7 days before the intended date of the strike.
6. Cooling-off period:
a. 15 days ULP
b. 30 days Bargaining Deadlock
BOTH from filing of NOTICE to STRIKE
EXCEPT, for union busting, the cooling-off
period will not apply. But the requirements
still apply.
 UNIOUN BUSTING
o Dismissal of Union Officers
o Union officers are the ones
in the constitution or by-
laws
o Existence of the Union is
threatened
PURPOSE: to provide for opportunity of
conciliation
7. 7 day waiting period (from submission of the strike
vote report.
 To give the NCMB an opportunity
to verify whether the projected
strike really carries the approval of
the union members.
 Counted from the time the
STRIKEVOTE NOTICE is submitted.
 BOTH MUST BE COMPLIED WITH
SEPARATELY AND DISTINCTLY
FROM EACH OTHER. The
requirements of cooling-off period
and 7-day waiting period/strike
ban must both be complied with.
The labor union may take the
strike vote and report the same to
the NCMB-DOLE within the
statutory cooling-off period. In this
case, the 7-day waiting
period/strike ban should be
counted from the day following
the expiration of the cooling-off
period.
REQUISITES OF A VALID LOCKOUT
1. BASED ON VALID AND FACTUAL GROUNDS
2. NOTICE OF LOCKOUT
3. 24HR notice for LOCKOUT VOTE
4. CONDUCT A LOCKOUT VOTE: A lockout vote must
be taken where a majority 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
the purpose, must approve it
5. SUBMIT THE LOCKOUT VOTE: Submitted to NCMB
in 7 days before intended LOV
6. COOLING OFF PERIOD:
a. 30 days CBA
b. 15 days ULP
7. LOCKOUT BAN: 7 DAYS after the expiry of
COOLINGOFF period
REQUISITES OF A VALID PICKETING  Prior notice and hearing are not required in the
The seven (7) requisites for a valid strike discussed issuance of the assumption or certification order.
above do not apply to picketing.  RETURN TO WORK ORDER: The mere issuance of
1. The picket should be peacefully carried an assumption or certification order automatically
out; carries with it a return-towork order, even if the
2. There should be no act of violence, directive to return to work is not expressly stated
coercion or intimidation attendant therein. It is thus not necessary for the DOLE
thereto; Secretary to issue another order directing the
3. The ingress to (entrance) or egress from strikers to return to work.
(exit) the company premises should not be o NATURE: compulsory and immediately
obstructed; and executory
4. Public thoroughfares should not be o Filing of MR does not affect enforcement
impeded. o The issue of legality of strike is immaterial
in enforcing the return-to-work order. ƒ
The right to picket is guaranteed under the Upon assumption or certification, the
freedom of speech and of expression and to parties should revert to the status quo
peaceably assemble to air grievances under ante litem which refers to the state of
Section 4, Article III (Bill of Rights) thereof. things as it was before the labor dispute or
the state of affairs existing at the time of
STRIKE PICKET the filing of the case. It is the last actual,
Withhold or stop A picket simply means peaceful and uncontested status that
work as a result of to march to and fro in preceded the actual controversy.
industrial or labor front of the employer’s  The issue of legality of strike is immaterial in
dispute premises, usually enforcing the return-to-work order.
accompanied by the
 Upon assumption or certification, the parties
display of placards and
should revert to the status quo ante litem which
other signs making
known the facts refers to the state of things as it was before the
involved in a labor labor dispute or the state of affairs existing at the
dispute time of the filing of the case. It is the last actual,
Focuses on stoppage Focuses on publicizing peaceful and uncontested status that preceded the
of work the labor dispute actual controversy.
 UST v NLRC teachers were not returned to work
since the return to work order was issued in the
middle of the first semester of the acade mic year
ASSUMPTION OF JURISDICTION BY SOLE  POLICE POWER MEASURE
 WHEN? 
o when in the opinion of the DOLE Secretary,
the labor dispute causes or will likely to
cause a strike or lockout in an industry
indispensable to the national interest, he is
empowered to do either of 2 things: 1. He
may assume jurisdiction over the labor
dispute and decide it himself; or 2. He may
certify it to the NLRC for compulsory
arbitration, in which case, it will be the
NLRC which shall hear and decide it
 WHAT?
o The Labor Code vests in the DOLE
Secretary the discretion to determine what
industries are indispensable to the national
interest.
o Types:
 Hospital
 Electric
 Water
 Air Traffic
 National Tripartite Industrial Peace
Council