Right to Strike

 Found in the 1987 Constitution

 Right to strike is not essential to right to self-organization; HOWEVER, it is recognized in various
international labor conventions
 Right to strike may be limited or restricted to certain employees
 GR: only EEs in the private sector may engage in the right to strike
 Not available to EEs in the public sector (govt EEs)
 Civil service laws prohibit EEs from engaging in strike

Art. 278, LC
 Expressly recognize the right of workers to engage in peaceful concerted activities
 Provides conditions before workers or organized LUs may engage in strike
 (Lawful/Peaceful) Forms of concerted activities: 1991 Ilaw at Buklod ng Manggagawa vs. NLRC
1. Strike-temporary stoppage of work as a result of industrial or labor dispute
2. Picketing- marching to and fro of the ER’s establishments accompanying signs, placards
their labor dispute to management; part of the freedom of speech and expression; can
wear black armbands (treated as peaceful and lawful picketing); do not picket during
office hours otherwise it violates company regulations; do it peacefully and orderly; must
be moving otherwise, it may amount to obstruction of the ingress or egress of the
establishment
3. Boycott-concerted refusal to patronize the ER’s goods or services; not prohibited by law;
no law regulates boycott; no stoppage of work
 Only 1&2 are expressly recognized by law
 Strike- connotes concerted activity;
1. An individual cannot exercise the right to strike by himself because it’s supposed to be a
concerted action/activity
2. Made available only to a legitimate labor organization – a group of employees acting
together
 Right to strike is not absolute-may be forbidden, restricted or regulated by law:
1. Forbidden- govt (subdivisions, instrumentalities and GOCCs with original charter
because they provide essential public services) EEs (no strike policy); EEs in the
private sector if they belong to an industry of national interest,
2. May also be forbidden by contract- strike produces disquieting effects in the relation of
labor and management as well as the progress and peace of the society; peace of the
society may be adversely affected by the workers exercising their right
 In a CBA when it contains the No Strike, No Lockout clause- valid and
enforceable between the ER and the members of the labor organization
especially if the reason is economic; cannot be enforced if the ground to strike is
ULP
3. Restricted by LAW- because the law provides for the procedure on how to settle it
 Wage distortion disputes under the Wage Rationalization Act – refer matter to
grievance machinery then to voluntary arbitration
4. Establishments that belong to industries indispensable to national interest –
 Telecommunications, health care sector (hospitals), transportation (airline and
shipping), under the GBL—the banks
 Once the SOLE assumes jurisdiction over the disputes here, the assumption of
jurisdiction will stop them from exercising; EFFECT- strike will have to be
enjoined; workers are to immediately return to work and ERs should re-admit
them to work under the same terms and conditions
 Only EEs in these establishments can be readmitted to work. EEs in other
industries is not required
5. Innocent bystander rule – a third person, not privy to the dispute, may seek injunctive
relief before the regular courts to prevent their establishments (from being affected) from
unduly obstructing the ingress or egress to your establishment; right to strike only within
the confines of their establishment
Who are the EEs who may engage in the Right to Strike
 EEs of the private Sector only
 Government employees cannot exercise their right to strike

Remedies of the workers in the Public Sector

 Workers in the public sector can lobby in the Congress for the betterment of the terms and
conditions of their employer which are within the ambit of legislation; So Congress can enact law
that increase their benefits
 For terms and conditions not legislated or fixed by law, can negotiate in their respective
departments with regard to the terms and conditions under the agreement. Salary is fixed by law
but other terms and conditions that are not provided for by law can be flexible and negotiated

Procedure in Conducting a Lawful Strike

1. Filing of a notice of strike or lockout
i. Where? Regional office of NCMB
ii. NCMB provides for a form
iii. In the notice, it should indicate the (1) lawful grounds for the strike (ULP*/
bargaining deadlock), (2) narrate the facts and circumstances that constitute any
or all of the grounds
1. Hiring guards to conduct surveillance on the filing—constitutes ULP
2. *Gross violations of the CBA constituting
iv. NCMB immediately schedules a mandatory conciliation and mediation which
usually takes place during the cooling off period upon receipt of the notice of
strike/lockout
2. Observance of the cooling off period
i. 30 CALENDAR days- bargaining deadlock
ii. 15 CALENDAR days- ULP from the date of filing of the notice of strike or lockout
iii. Purpose: afford the parties the opportunity to amicably settle the dispute with the
assistance of the NCMB
iv. File a notice of strike-copy furnish the ER; notice of lockout- copy furnish the
CBU/LLO
v. Cannot stage a strike/lockout during the cooling off period otherwise it will be
declared illegal
vi. Consequence: for strike-
1. Officers-forfeiture of employment
2. Members-if engaged in illegal act, forfeiture of employment
vii. Marathon
viii. Can agree to suspend
3. Conduct of a strike vote or lockout vote
i. LLO/CBU- must notify the NCMB at least 24hrs before the conduct of the strike
vote because the NCMB has the duty and obligation to ensure the integrity of the
strike vote. So NCMB can send a representative to ensure that the conduct of the
strike vote is lawful, peacefully, orderly and honestly done
ii. DO 40-03 REQUISITES:
1. Meeting called for the purpose
2. Must be done by secret ballot; bawal ang viva voce
3. Must be supported by at least a majority of the employee-members of the
union in the presence of the NCMB
a. Failing to give notice to the ER for the strike vote is irrelevant;
they should not even be present during the strike vote
4. Submission of the results to the NCMB at least 7 days before the intended date of strike,
subject to the applicable cooling off period
a. Under the Revised Manual Guidelines of NCMB, 7 day strike ban
should be counted 7 days from the date of receipt of the results
of the strike vote
 b. 7 day strike ban- purpose: enable the NCMB to validate and
determine whether the union’s decision to stage a strike carries
the imprimatur of at least the majority of the union membership
c. Whenever the union uses its last weapon to compel
management to agree with its proposal, State wants to make
sure that the union is ready and successful to paralyze the
operations of the company
d. No Work, No Pay
e. Strike may be indefinite and may adversely affect the workers.
As long as you can endure
f. You cannot dispense the cooling off period
i. ULP- 15 days cooling off period; can be dispensed with if
the ULP is union busting
1. Union busting- (1) when there’s dismissal of
union officers who have been duly elected by
the union’s Constitution and by-laws; and (2) the
existence of the union is threatened
2. Mere dismissal of an officer is not union
busting
3. Union may dispense with the 15 days but still
observe the 7 days and submission of results
procedure
g. Strike vote can be conducted any time.
5. Actual strike carried out peacefully and lawfully and in compliance of existing laws- no
violence, intimidation, obstruction of the ingress or egress of establishments

 If the industry is indispensable to national interest, the SOLE can assume jurisdiction
o Enjoins the parties from engaging in strikes/lockouts
o ER has the obligation to admit the workers back to work
o See DO 40-03 for the list of establishments indispensable to national interest;
enumeration is not exclusive (banks, transpo, pharmaceutical, hospitals recognized by
the SC)
o Whether ABS-CBN is indispensable to national interest
 In conducting a strike, one should not commit any of the prohibited activity as enumerated in Art.
279. Commission of any prohibited activity can be a ground in declaring the strike illegal. If the
strike is illegal, memorize the consequences of the union officers and members.
o Individual responsibility; there must be proof of their individual involvement in the strike;
evidenced by pictures/photographs---best evidence to declare the strike illegal
o Injunction-usually issued by the NLRC pursuant to its to ;prevent the commission of
illegal acts
o SOLE issues AJO effect: enjoining the strike and the commission of illegal acts
 LABOR ARBITER- has the exclusive and original jurisdiction for the determination of the validity
of the strike
 VOLUNTARY ARBITRATOR -if the parties agree
 SOLE- may, if it involves a labor dispute causing strike/lockout in establishments belonging to
industries indispensable to national interest
 RD of DOLE- no jurisdiction

NLRC Rules of Procedure- Labor Arbiter

Revised Manual of Procedure for Conciliation and Preventive Mediation – if the organization is organized
and voluntary arbitration