Hance, inter and intra-union dispute Js not 4 ground for declaration of B/L, Any sinke not awed on these 3 grounda is conekiered iHegal strike for unlawful purpose There are 2 KINDS of Strike: 1. Economic Strike ~ the ground is deadlock, "No work no pay", PES has no pay during stiike because It l6 thelr faull why @ strike occurs. 2. ULP Strike ~ the grounds are ULLP cases and Union Busting. The board (NCMB) hae dineretion of win to grant compensation of ees during sinike Why is It important to determine the kind of Strike? that you must satiety whe 1, Because one of the requirement for a Vaikd Strike Kind of airke has different aoing-of peg (COP) required by law. And 18) Bargaining Deadlock (Economic Sinks) ~ 30 days COP, EBR must fhe notice of sirike to DOLE atleast 30 days before Intended dale thereof, ER 10 file notice of lockout atleast 30 days thereof also, b) ULP Cases - 18 days COP. Ino EBR, notice of strike may be fed by any LO. ¢) Union busting ~ no COP bul you cannot have 6 Immediately. It must comply with Majority Strike Vote and 7 days Strike Vote Report to SOLE, 2. Another Importance of determining the names of sinke is to determine win to pay the 00s during strike, ‘Are workers entitied for Backwayes during strike? IT DEPENDS: ‘Economio strike - workers not allowed to olnim backwages. Tho principle in days wage- fa days labor’, ULP stnke - there is povsloMty that workers’ rights are violated, hence Nt 16 discretionary upon the court on win the workers are: entitled to beckwages. ‘Those workers who committed violence during the strike are not entitled for anything. Procedural Requirement for a Valid Strike: P.694 1. Filing of Notico of strike to SOLE/NCMB ~ EBR to flo notice of atrike 2. Observance of Cooling-off period — purpose is 10 afford the parties the ‘opportunty to amicably resotve the dispute with the assistance of NCMB. 3. Taking of Strike Vote (SV) - Majortty of the members of the EBR will vole in favour to stvike by secret balloting, after the COP. Notice of the conduct of SV to NCMB must be gan alleust 24 hours betore said mesing/voing, 006 4. Observance of 7-day Strike Vote Report (SVR) Perlod ~ after the taking of SV, ER/EBR shall submit to SOLE/NCMB an SVR, then observe a poriod ‘of 7 days pike ban after submission of SVR. Purpose of the 7-day strike ban is for DOLE to determine Mf there is no fraud in the strike vote report or ‘AAVILLEZA 39] vy‘that the majontty vote was really attained. (This |. means aft strike vote is taken and the SVR is submitted to NOME, 7 Soyer =a ae the EBR can actually commence the sttke. They cannot hold a strike that 7-day period, otherwise, it would be egal) Note: the taking of SV (and submission of SVR) must be taken after or outside the COP. But a me SV i ee fh CoP. ifs 7-day requirement shall still be counted after the COP e COP. Hence, the 7 days is added a y fo the 1Sdays/30 days COP. These requirements are mandatory, |, non. therewith {oaurements_ meaning, non-compliance the Wustration: in case of Strike.by EBR on ground of Deadlock ‘iatoe, youn acte — Taereating WV, aonm” = “arms mag av observe? ‘ane ov ‘bei to NOAM an BR days sete on (en sant 24 be beter SV, ton ake BV rte gant ron Example of Atty, Preded: “Ground is deadock. File notice to sire 30 days before intended day of srike Then observe COP Incumbent union, Then observe sirke vote report On the 20" day ‘maghintay ke, then on the 20th day ba peede nang mag sike? NO. KAHIT kelan ka pa magpaboto 19. Of atike, the strike vote period wil only commence: the 10% day, dun ka pa lang magbioieng ng sirke vote period. ‘Additional Requisites for vakd strike: 1. there must be labor depute; 2. there Is EER Hence, to have a Valid Strike, there must be: (Ars rot) 1. EER; 2. Labor dispute which must be based on the 3 grounds of sil; and 3. It must comply with the Procedural Requirements. the 6f affects an industry indispensable to the nationel interest, SOLE/Pres may assume " juriediction (Art. 278(g) or refer the same to NLRC). The assumption of secfpres of Jurisdiction is equivalent to 1. Thus, once they ‘continued because there Is an automatic injunction ‘assumed jurisdiction, sf cannot be ‘You must retum to work; the ER shall immediately resume operations and readmit all workers, If you continue your s/, then it is considered an Begal strike/lockout. (hence, no Bf shall be declared after assumption by solefpres; or si shail not be continued after such assumption) VA may also assume jurisdiction upon agreement of the partes (Art. 278(n) “Hence, the following may assume jurisdiction in S/L: 1. LA; 2. NLRC; 3. SOLE: 4. President; and 8. VA. (Hence, S/L is not an original and exclusive jurisdiction of LA). AAVILLEZAArt, 279 Proniotied Autivitios (during BAL) p. 671 ‘AAVILLEZA Sah ation without frst having complied with the procedural requirements (At 1116 the EEN (in his discretion) who may declare loss of employment status 1 you join a trike, you wil not lose your employment status because it ie your constitutional right to Joln In concerted activites like strike, It the stnke where you participated was egal, etl you wil not ose your job. GR: More participation of joining a strike (even i iis Mega), ts not a ground for EES 10 be terminated from work, mere participation In an Wagal strfke would be a ground for (Bul for members, even If you joln an ilagal strike, you ike Xpn; H you are an officer, Jose of employment status. ‘cannot be terminated, unless you comm any Moya! acte/orime during the sirik ‘aclt in violation of the RPC or special laws), [Note thet Commission of violenoe oF Crime woud ender te atrke Kegel Ip there @ discrimination of Union officers wherein the mre participation in legal tvike in aiready a ground for loss of employment, while not a ground in members? SC ‘uling: No. One of the responsibilty of union officrs isto educate thele members, They fire the fat one to know win the strike Is legal or Megal, But for the members, most of them are unsehooled, Thay do not know win etrike fs legal or not, they just fokow their officers. ‘Also important, 10 8 shai be declared after the assumption ot junediction by Pres/SOLE oF after submission for compulsory arbkration, because I is equivaten! to Injunction, I there le no B/ yet or is ongoing, the moment they assume jurisdiction, you ‘mudl go back to work, otherwise any continuation of etrke after such assumption would be toga ‘During the el, the EER 18 not terminated. tis merely suepended. Look al the definition ‘of EE which Inckides any EE whove work has ceased in the meantime due to a labor dispute, So EER Is only suspended In the meantime. During the etrko, ER haw the right 1 hire replacement of EE. But the uniform personnel (AFPIPNP) are not alowed to escort them in because that is @ prohibited act. If you ‘employ replacement workers, after the strike and the EES retumed to work, this hired replacernents wil then be terminated. (pag natepos ang strike ‘and bumalk na yung mga 008, pwede mo nang tanggaln ang mga hired replacements. No legal diamiseal in the cave of thie replacement workers because they must understand that they are ‘boing hired only ae replacements and hence, no securtty of tenure). Obetruction of Ingraws to (entrance) and egress from (ext) the ER's premises by person engaged in picketing fe aleo prohibited. ‘Tha une Of strike-breakers Is prohibited. atten‘CONVERION doetrine = Bitke sarted an: eCONOINC Blrike, then & + then durin Commntted by the UR, The gitevarice of the worker is hen centerod ou ine Ulprine econom ‘rte im converted into # ULP atike, (Not the other Way around). ~ Good Faith Strike Doctrine — in ULP Strike, iti Nt = Ht ie ot required Comuvtted by ER oF that there is @ valid ULP. There is a paved tat hetes bekoved goa anh that there is ULP commited by ER but later on declared by the LA that there is none. The status of the atrtke, even if there ja no ULP committed, as long as the EES are in good feat sit awful. (ULP tke i eg though m0 ULP actualy commited (athe maybe jst by bet 1 gee fat thatthe employer was commiting ULP atthe One the ebthaw ‘Gowd ‘eke from bakng daclart igal andthe stthor rom Being daclared to have lon! ner smeacsoom mi nve® tne Note that to have a valid strike, additional requisites such as the existence of 1) labor dispute @nd 2) EER must be mel, tn Economic strike, if you are not an EE, then there would be no economic strike, Sama is tue to ULP strike If there Is no labor dispute, That is why ‘Sympathetic Strike and Welga ng Bayon Is iWegal. P.583 ‘Wel ng bayer = in pravalent in tne of Marcos. There 8 no labor dlapute because the ER hax no reiavon to the Ella! concem which 1» pared as @ national problem. Henoe there i no valid sinke Iowsaune Where 9 labor dapute “Syerpatnetc shike = the eter unin of the union in strike hee w problem with its own ER, and these ‘unm in atrke i not therefore an eae ofthe concemed ER. Then these union in atta, even ft an ees cat the conoemed ER, joined the sire to axpreea thele eyrrpathy 10 thei later Union. Such stake jorned ‘oy the Union In atthe fa dlagal because there la m0 EER and no labor dlepute, To have a vald ainke there rat be an EER and a val labor lapute, ‘White minarty union don't have the right (o declare sirke (only the EBR), they have the right to He ULP complaint, Ex: There Is @ union busting against thelr union and they are not ihe EBR, they have no remedy to declare strike because they are only 8 minority union. Their remedy is to fte a Complaint for ULP. ‘Legaity of Sinke: The 6 Factors that affects the Legatty of Strike (ihe following, if not complied vet, are egal strike) p.501 1. Statutory prohibition = provisions of law that prohibits stike, ie no sirike for goverment employees (they can only organize but not to strike). Any strike conducted by them is automatically itegal. 2. Procedural Requirements — must comply with the 4 Procedural Requirement for a Valkd Strike (,@ notice of strike, c.0.p, stiike vote and sirtke vote report period. Non- compliance wil make the atrike itegal. P.504 3. Purpose of strike ~ there are only 3 purpose or ground of strike |.e deadlock, ULP ‘and unton busting, Any other ground is non-sirikeable or Hegal. (Means and Methods — « employs uniawtul means in the pursuit of Its objective ke widespread terruriem of non-sirkerd; trike for uniéwiul purpose; -non- ‘compliance with procedural requirements. It would always be an legal strike. ‘5. Injinetion - when the NLRC in is original Jurisdiction issues injunction, or when the Pree/SOLE aseumes jurediction (Ar1,278(g)), you cannot conduct 8/1 or cannot ‘continue conducting @/, otherwise such 64 Is Hegel, AAVILEZA ayesea a ©. "No stnke-no lockout” agroemen Wate, geen foreman ote paso os ‘hey willnot resort into sf and ithey conduct st thet ere oe ‘Dind the incumbent union, Hence, It there: ' not covered by ‘no stike-no lockout ‘Such provision in the CBA, is change of EBR, the n Provision, Note on the principle that the new ER is ‘ot covered by the new EBRis covery the old CBA. The no steno Wake pace ote ‘@xception, Such provision does not bind the new ERR. “No strike-no lockout" agreement only covers economic stnke, nol ULP sinke. “No strke-no lockout” agreement is under VA jursdletion, tt despite such agreement, the ees deciared sirke, ten itis an Wegal stke, Don-irkaabie waves p12 (trac) ‘Ast. 280. Improved Offer Value- if ER changed his offer tr a better one, DOLE shat conduct ‘secret batol (referendum by secret baoting) on or before the 30* day of strike, The workers shal decide I strike should be continued or not. If the EEs acoapted the improved offer, then no more stike. The striking workers shall immediately retum to work and employer shal thereupon readmit them upon signing of ihe agreement. {In case of lockout, the same proceduse shall also be conducted K the union has reduced ts offer Picketing — pacing back end forth before the place of business of an ER in order to persuade ‘other workers not to work and customers not to patronize the estabishment. That is legal. part Of your right to freedom of expression. But once they stopped walking, that's slegal already pecause you are prohibled to obstruct the ingress and egress of an establishment. Hence, ‘you must continue to walk so that i willnat be conskiered as prohibited activities 1 you are walking continuously, itis not @ prohibited activty because you are only ‘exercising your right as a pedestrian (Pedestrian Right). So long as you will not block the entrance and exit of the establishment. You can only picket in a business enterprise. You cannot picket in the house of the ER. What If the house of ER is also the place of his business? Atly. Piedad believes that you can also conduct the picketing because his house is sil his place of business, “There may be picketing without a strike because ees may picket without engaging in work stoppage. Although picketing is @ form of concerted action, net every concerted action isa strike, P.675 There mut frat be EER Boycott - other concerted activity which encourages the people not to patronize the ER and its product or business. !s boycott alowed and lawtut? YES as long as the means and moans ‘employed are lawful. (Read p. 687 tor discussion). Jee Summary on Dismissal of Strikers p.718 AAVILLEZA BroAAST: DETERMINE THE EBR 1. Registration of LOs at oe 'BLR to become LO (but non-repistration shai not make LO 2. BLR shail issue certiicate of registrat and become LLO (art 240), Serres ne ae get orton 3. LLO can now enjoy rights under Article 251 like right to be elected chive Bargaining Representative (EBR) participating in Gertitcaton fi conducted by BLR. " net = — 4. Any LLOs (including F&N, Local Chapter of F&N, and ER) in an establishment can fle Petition for certification elections (PCE). Hence, an LLO can be elected as EBR: ‘Ata fling PCE, hearing shal be had to determine win here is existing bar {TWENEDECECO), {and win the 25% requirement is compfied wih, DO: £ shel then order fr te CE Note that there are ther methods of determining ns EBR sekde from PCE, such ax Consart Election and Voluntary Recognition. 5. The LLO who.will get the majonty vote can be certfied by DOLE as the EBR representing the employees of the entire bargaining unk; Exclusive Bargaining Representative (EBR) ~ LLO duly recognized or cried as Sole and Exolusive Bargaining Agent (SEBA) of representative of ai the emeioyees in a bargaining unt that wil negotiate @ colecaive contract with ER EBR shall be the exclusive representative of the employees of the CBU forthe pupose of cofectve bargaining. ‘Noto tat in ordt to have a valid election of EBR, Double Majonty must be mat majorty of the oes in Ine CBU meat voto, majonty of the voters must have voted fr the EBR, 6. The EBR has the obligation to negotiate with ER to come up with a CBA after it has been certified by the BLR. Note that before EBR can start bargaining, compliance wih the 3. Junsdictonal Requrements must be met mejorty statis, prooticarfeation of majonty status, and darrand to bargain. B. 2ND: EBR TO NEGOTIATE WITH THE EMPLOYER TO EXECUTE CBA 1, Submission of proposal by the EBR: “Take note that the EBR must negotiate with ER within 1 year after its certification as EBR by the BLR, so that no PCE will be entertained by BLR. This is known as Gertification Year Bar Rule. The majority status of the EBR is presumed conclusive within the certification year. Such negotiation/proposal is presumed to represent the entire CBU. 1 the 9 juracictonal requirement are present, the bargaining shoukd mbe made winin 12 ‘monthal1 year folowing the certification of the winning union as EBR (Certification Year). Reckon {he 12 months from the date the BLR certfy the EBR. -if the EBR did not initiate the negotiation within 1 year, any other LLO can contest the majortty status of the EBR by filing another PCE (but only after 1 year). ‘AAVILLEZA MAY easis PCE proper? No. thera is the Negotiatio . n Bar Rule whi Of PCE if the negotiation for CBA is ongoing, although tert bane eee 2. Within 10 days from win ys scent ot proposal: ne ER ust ‘submit reply or counter proposal. 3. If the counter-proposal corresponds with the proposal, then there is an agreement known @s CBA. (vanaty of ine CBA depends on tne agreement ofthe partes a8 tote date of x effective) Note: CBA must contain ts 3 Mandatory contents under ifustration 3, 34 Posting requirement - after CBA has been entered into, posting of the CBA is required in 2 conspicuous places for § days, to enable the employees to clearly inform themselves of its provisions. 3.2 Ratification —atter posting, it should be ratified or approved by the majorty of all ‘employees in the CBU (not just the employees of majonty union). (Failure to observe the. posting and ratification requirements (Art. 237) would rander the GBA ineffective) p.422 ‘Who will ratify the CBA in case of deadlock? EBR to decide. —Gibo notes p23 ‘An exception to the requirement of posting and ratification ia he cour-imposed CBA as an Arhiva! ‘Award. 1 can be registered at BLR even without rafeation and posting. 3.3 The parties shall then submit copies of CBA for registration directly to BLR within 30 days from execution (Art. 237; see p.428), with proof of ratification and posting (out CBA is stil valid and binding between the parties even without BLR registration); 3.4 After Registration of the CBA, BLR is barred from hokling an election contesing the majority status of the incumbent union (Contract-Bar Rule under Art. 238) 4. if there is difference between proposal and counter-proposal (ex. EES wants P50 salary increase and ER offers P20), the dispute arises. Parties (EBR and ER) must try to resolve the difference amicably. 5 If stil unresolved, NCMB may intervene upon request of any parties or motu propio. (see ftustration 2 where ¥ there is no CBA yet, # goes to NCMB). Board shail exert efforts to settle dispute amicably and encourage parties to submit dispute to VA. (Note that even if iis under LA jurtedition, VA shall teke cognizance if the partes agreed to subrrit it to VA) 6. if NCMB cannot resolve the difference despite all efforts, then there is deadlock. Note that the deadlock must refer to WHO, hence the difference between proposal and ‘counterproposal must refer to WHO only. Any other disagreement will not result in deadlock. 7. If there is deadtock (Impasse) the solution offered by iaw is S/L. There is stoppage of work, ether by dectaration of strike by EES, or deciaration of Lockout by ER. (note that only EBR can declare a strike) (Deadlock is only one of the grounds for deciaration of s). To have a valid S/L, observe the (4) procedural requirements. in case of legal strike, the ER is under no duty to negotiate/bargain with EBR ‘AAVILLEZA, MS Pap1 hare’ akondy deacook, 1 doesnot naan heeato cal he satan of NCMD.Andaven trol tfenayn tence caa sonena ine conan, when he ER ofr 90, an you malcom CO pce, Du Oe i148 important fo know one is good faith Inference may be dhewe iro ‘and surrounding circumstances, fen ueiorr ving in Bad Faith (which constitutes @ ULP) must be Benoa raised while s Wnepotaton was done an teres aeedy a CBA tat executed, basa aba 1a longer be rlsed ole unaneble, hn emaete, bargaining bas ath an 8. LA now has axclusive jurisdiction over Sf. (o00 Art. 224 and istration 2), VA may also assume juniadiction upon agreement of the parties. 9. If the sit affects an industry involving national interest, SOLE/Pros may assume Jurtedtiction (Ast. 278(9)), ‘once they assumed jurisdiction, #/f cannot be continued because the ‘automatic injunction, You must retun to work. If you continue your si, then it is considered an illegal atrike/locko..i. (no #/1 shall be declared afer assumption by sole/pres; or 8/ shall not be continued after such assumption) -No fling of PCE during the strike/lockout. This Is what we call as Deadlock Bar Rule. ‘Actcla 201, Regpdrement ter Art and Detention Not cucusend? ‘GR: No union merrberslorganzare may be arrested or detained for union actives witout previous consutaon wth SOLE. .Xpn: On grounds of nations secur, pubic peace, or incase of commision of «creme Just road Article 204-288 (p.728), Art. 289, Vieltoriel Power (of SOLS). 20% needed. ‘The SOLE or his DARep Is empowered to inquire in to the financial activites or to examine the books of eccounts of LLO upon fing of complaint duly supported (with written consent) of atleast 20% of the total membership of said LLO. ‘Such Visilorial power is not available during the 60-day freedom pertod nor within the 30- days immediately preceding the date of election of union officials. ‘There are 3 Visitorial Powers of SOLE 1. Art. 37 - under Placement of workers. 2. Art. 126 It pertains to the enforcement of compiance of establishments to Labor ‘Standards, wage order and other labor laws and regulations. 3, Art. 289 — SOLE to inquire into financial status and examine books of LLO upon fing of complaint supported by ateaet 20% of ot memberenip oF ULC conceme Ast. 290. Tipartiom and Tripartite Conferences: 3 Perties in tripartite Conferences; Govemment, Representalive of Employer Representative of Workers. and ‘AAVILLEZA MBI Fue‘are. 791. Government Employees (naising enporent | COces) p73 reas no wr ane conto li empaynant shal be goveredby the Ci Serica ea, ne and agus Art, 282. Mieceflansous Provisions p735 Note of paragraph C, G &H. ‘Aside from LMCouncil, there are also th Management Cooperation Program (LMCP). Por. C: any EE shat be considered an EE beginning on his 1* day of service for purposes Of membership in any labor union. Par. G: LMCP is developed (with agreement of LO and ERs) in order to ensure industrial peace and improvement in working conditions. is formed vouuntanly by EES and ERS for purpose e Labor Management Commitee and Labor ‘They are different from LMC. (Par. G&H). Par, H: where no LLO exists, LMCommittee of promoting industrial peace. (BOOKS POR EMH OUMNH Note that Labor Gode does not only cover EER. ‘covers Post-Emplayment where there is no more EER. Hence, Labor Code stil apples even i there is no EER. nar 08 of 0k 8 apps 10 at etbashment. Te most mporant pra s SEU TT OF TENURE oor eh means an EE wil not be terminated without st or sutho cause. Stherwise, non-compliance with ST consthutes ‘ST presupposes that there are Employer-Employee Relationship (EER) Art. 204. Security of Tenure pre reat ~ in cases of regular employment, tere are only 2 cases of justiegal dle missal: lust cause and Gumnorized cause, (According to Art. 264, But tis actualy 3 (JAG). - Inthe case ot an EE who enjoys ST, the ER cannot terminate the services of EE except for: (grounds for lawfuviegal termination) 4. J—Just cause 2. A- Authorized cause 3. G—ground of disease (Pia of ocr can fanmail oe saan 009 apo wen a an i eminatad on gare which doesnt te among the 3, hen terse There a ihegal dismissal. nt or Oremanuapen ard ober beetia (ncaa of yen durian is ented to Fae cre bart ceeses tm tr une Ns Gompersaten Woe ETO owas E seni ame felogets wider (oltdude ny ‘erecting manages (ec ee cogidnce os : a7 Le oe gion)