STRIKE

PART 2

By: TARIGA, CARLYN Y.

FIFTH FACTOR: INJUNCTION

When can the Secretary of labor assume the jurisdiction over a strike?

When there exists a labor dispute causing a strike or lockout in an industry

indispensable to the national interest.

Conditions for a valid exercise of assumption of jurisdiction authority

1. Both parties have requested the secretary of labor to assume jurisdiction

over the labor dispute: or
2. After a conference called by the secretary of labor on the propriety or the
issuance of the assumption or certification order, motu proprio or upon
request or petition of either party to the labor dispute.

Industries indispensable to the national interest:

1. Hospital sector
2. Electrical power supply
3. Water supply services
4. Air traffic control
5. such other sectors as may be recommended by the National Tripartite
Industrial Peace Council

Effects on the assumption of jurisdiction of the secretary of labor

1. Automatic injunction
2. if one has already taken place at the time or assumption or certification,
all striking or locked out employees shall within 24 hours return to work
from receipt of an assumption or certification order; and
3. the employer shall immediately resume operations and re-admit workers
under the same terms and conditions prevailing before the strike and
lockout.
SIXTH FACTOR: AGREEMENTS OF PARTIES

A No Strike prohibition in a CBA is applicable only to economic strike.

ARTICLE 279: PROHIBITED ACTIVITIES

1. No labor organization or employer shall declare a strike or lockout without

first having bargain collectively or without first having bargained
collectively or without first having filed the notice required or without the
necessary strike or lockout vote first having been obtained and reported
to the DOLE.

2. No strike or lockout shall be declared after assumption of jurisdiction by the

President or the secretary of labor or after the certification or submission of
the dispute to the compulsory or voluntary arbitration or during the pendency
of the cases involving the same grounds for the strike or lockout; no person
shall obstruct, impede, or interfere with, by force, violence, coercion,
intimidation, any peaceful picketing, by the employees during any labor
controversy or in the exercise of the right to self-organization or collective
bargaining, or shall aid or abet such obstruction or interference.

3. No employer shall use or employ any strike-breaker, nor shall any person
be employed as a strike-breaker;

4. No public official or employee and personnel of the Armed Forces of the

Philippines or the Philippine National Police, or armed person shall bring in,
introduce or escort in any manner, Any individual who seeks to replace
strikers in entering or leaving the premises of a strike area, or work in place of
strikers and

5. No person engaged in picketing shall commit any act of Violence, coercion,

or intimidation or obstruct the free ingress to or egress from the employer’s
premises for lawful purposes, or obstruct public thoroughfares.

Who may lose employment by reason of strike?

1. Any union officer who knowingly participates in an illegal strike; and

2. Any worker or union officer who knowingly participates in the commission
of illegal acts during a strike may be declared to have lost his
employment, even if a replacement had been hired by the employer
during such lawful strike.
Rule on Defiance of Assumption or Certification Order or Return-to-work
pursuant thereto issued by the DOLE Secretary or the NLRC

Non-compliance with the assumption or the certification order of the secretary

of labor, or a return to work order issued by the secretary of labor or by
NLRC, to which a labor dispute is certified, is considered an illegal act
committed in the course of the strike or lockout.

Effect: In case of non- compliance of strikers, they may be subject to

immediate disciplinary action or loss of employment status and even to
criminal prosecution.

Rule on Backwages in Strike

General Rule: The strikers are not entitled to backwages on the principle that
“a fair days wage” accrues only for a fair day’s labor”

Exception: The following are entitled to backwages

1. Involuntary strikers illegally locked-out
2. Voluntary strikers in ULP strike who offered to return to work
unconditionally; and
3. if there is a strike-duration pay in the CBA

ARTICLE 280: IMPROVED OFFER BALLOTING

A referendum conducted by the NCMB on or before on the 30th day of the
strike, for the purpose of determining whether or not the imroved offer of the
employer is acceptable to the union members.
When at least a majority of the union members vote to accept the improved
offer, the striking workers shall immediately shall immediately return to work
and the employer shall thereupon readmit them upon signing of the
agreement.