LABOR MANAGEMENT RELATIONS

The labor Movement

A labor union can be defined as an organization of employees that uses
collective action to advance its members interests in regard to wages, benefits, working
conditions, and other terms and conditions of employment.

The impact of unionization on productivity, profitability, and employee attitudes

can be positive or negative depending on the circumstances. The presence of a union
significantly alters several HR activities.
Unions typically try to extend their influence into other areas of management
aside from wages and benefits such as establishment of work standards, scheduling of
work, subcontracting, and the introduction of new equipment and methods which
management claims as exclusive management prerogatives.
Whether an employer succeeds in maintaining exclusive control over these
prerogatives depends on the relative strength of each side in collective bargaining and
on the resolution of other conflicts, such as grievances, strikes, and lockouts.

A Background on the Early Philippine Labor Movement

While it is contended that trade unions in the Philippines may be traced back to
the years when this country was still exerting efforts to extricate herself from the grip of
Spain, Philippine trade unionism did not begin to take healthy roots and development
unti11901. In that year, Isabelo delos Reyes formed the Union de Litografos e
Impressores de Filipinas upon his return to the country from his exile in Spain. He is
thus acknowledged as the Father of Philippine trade unionism. 71

During this time, the workers were not protected by any labor law or accorded
protection by the government as there were hardly any labor law regulating labor and
employment in the Philippines. As a result, Filipino workers suffered a lot of injustices
from the hands of the Spaniard employers. Without state legislation to protect their
rights, laborers and farmers often worked under extremely difficult conditions. Filipino
workers were often forced to give free labor to their Spanish masters.

Up to the 1960s, due to the oppression and excesses of landowners, farm

laborers were burdened with debt and were compelled to till the land of their masters.
The passage of R. A. No. 3844 0n August 8, 1963 known as the Agricultural Land
Reform Code made a slight improvement on the living conditions of the tenants.
This legislation was strengthened by the passage of the Labor Code. It was on
May 1, 1974 when the former president, Ferdinand E. Marcos issued Presidential
Decree No. 442,"a decree instituting a labor code and consolidating labor and social to
afford protection to labor, promote employment and human resource development, and
insure industrial peace based on social justice."It took effect six months from its
promulgation on November 1, 1974.
Construction in favor of labor makes it explicit that all doubts in the
implementation and interpretation of the provisions of the Labor Code, including its
implementing rules and regulations, shall be resolved in favor of labor which further
strengthened protection of workers. 72
The provisions of the 1935 Constitution on social justice and on the promotion
of the employees were also found inadequate. It was only in the plebiscite held on
January 17, 1973 when the provisions of the 1973 Constitution on the protection of
labor were made broader and more explicit.
After the EDSA Revolution that ushered the administration of President
Corazon Aquino, a new constitution was drafted, wherein a full section was devoted to
the protection of labor. It also enjoins the workers and employers to observe the
principle of shared responsibility in running the enterprise.
From then on, the fundamental law of the land sets the broad policies regarding
labor protection and. Employment. Legislations have been enacted to translate these
policies into specific terms. Most of these find expression in amendments to the Labor
Code and its implementing rules and guidelines. Gradually, the wage earners secured
social sanction for the right to organize.

Three Categories of Employees

1. Managerial employees
2. Supervisory employees
3. Rank-and-file employees

Distinction between Managerial Employees and Supervisory Employees

The principal distinction between managerial employees and supervisory
employees is that the former have the "power to decide" and do managerial acts, while
the latter have the power only "to recommend" managerial acts such as laying down
policy, hiring or dismissal of employees, and the like.

Distinction between a Labor Organization and a Workers' Association

A labor organization is established principally for collective bargaining
purposes, while a workers' association is organized for the mutual aid and protection of
its members but not for collective bargaining purposes.

Definition of Terms
a. Labor relations-refer to that part of labor law which regulates the relations between
employers and workers. Example Book V of the Labor Code which deals with labor
organizations, collective bargaining, grievance machinery, voluntary arbitration,
conciliation and mediation, unfair labor practices, strikes, picketing, and lockout
b. Labor standards-refer to that part of labor law which prescribes the minimum terms
and conditions of employment which the employer is required to grant to its employees.

c. Labor organization-means any union or association of employees which exists in

whole or in part for the purpose of collective bargaining or of dealing with employers
concerning terms and conditions of employment.

d. Legitimate labor organization-any labor organization duly registered with the

Department of Labor and Employment (DOLE).

e. National union or federation-an alhance of a group of unions in one industry in any

area, region, or country.

g. Collective bargaining-is the decision-making process where management and the

union set the terms and conditions of employment and the rules and procedures in the
employee-Employer relationship.

h. Collective bargaining agreement-the end result of collective bargaining refers to the

negotiated contract between a legitimate labor organization and the employer
concerning wages, hours of work, and all other terms and conditions of employment in a
bargaining unit, including mandatory provisions for grievances and arbitration
machineries.

i. Labor disputes-refer to questions or controversies regarding terms and conditions of

employment, including the ways by which such terms and conditions are negotiated,

j. Arbitration-represents the final stage in the dispute resolution process.

The grievance does not always result in an acceptable solution because when a
deadlock occurs, labor contracts call for arbitration. It has two kinds: voluntary and
compulsory.

k. Strike-any temporary stoppage of work by the concerted action of employees as a

result of an industrial or labor dispute.

l. Lockout-the temporary refusal of any employer to furnish work as a result of an

industrial dispute.

m. Labor arbiter-the hearing officer of the National Labor Relations Commission

(M RC) and his decision is appealable to NLRC.

n. Union security agreement-a contractual agreement, usually part of a collective

bargaining agreement, in which union agree on the extent to which the union may
compel employees to join the' union, and/or whether the employer will collect dues,
fees, and assessments on behalf of the union.
Types of Labor Disputes

 Rights Disputes-involves alleged violation of a right recognized by law, collective

bargaining agreement (CBA), contracts, or company policy.
 Interest Disputes-economic or bargaining dispute where the issues involved are
not mandated by law and could be negotiated.
 Labor Standards Disputes-include nonpayment or underpayment of wages and
wage-related benefits and violations of health and safety standards.
 Labor Relations Disputes-involves employee discipline, unfair labor practice,
deadlocks, strikes, etc.
 Welfare and Social Legislation Disputes-refer to claims arising from the failure of
the employer to comply with the social and welfare obligations under the law.

National Policy on Labor Dispute Settlement

The present national policy on labor dispute settlement is enunciated in the
following instruments
1. 1987 Constitution
Sec. 3, Article XIII provides
'The State shall promote the principle of shared responsibility between
workers and employers and the preferential use of voluntary modes in settling disputes,
including conciliation, and, shall enforce their mutual compliance therewith to foster
industrial peace.

2. Labor Code, as amended by Republic Act 6716

Article 211 of the Code provides, among others
a. "... It is the policy of the State... To promote and emphasize the primacy
arbitration, mediation, and conciliation, as modes of settling labor of
industrial disputes."
b. “”To provide adequate administrative machinery for the expeditious
settlement of labor or industrial disputes.””
Early Policies Adopted by the Government on Settling Labor Disputes
Philippine labor policy may be said to have evolved over four periods
A. Conmonwealth Period (1936-1953)
Commonwealth Act No. 103 established our Grst labor dispute settlement
system by creating. The Court of Industrial Relations and vesting it with
compulsory arbitration powers over labor disputes involving both workers in the
private sector and in government-owned or controlled corporations.
B. Industrial Peace Act Period (1953-1972)
In 1953, Republic Act No. 875 was enacted fundamentally changing the
framework of labor relations policies from that of compulsory arbitration to
collective bargaining. The 'Act severely restricted the compulsory arbitration
powers of the Court of Industrial Relations (CIR). The latter was divested of the
power to set wages, rates of pay, hours of work, other terms or conditions of
employment, or otherwise regulate the relation between employers and
employees, as a compulsory arbitration body, except in labor disputes involving
industries indispensable to the national interest.
C. Martial Law Period (1972-1986)
It was during the period of martial law that voluntary arbitration became an
integral part of the Philippine labor relations policy. This period was also marked
by the banning of strikes in the so-called vital industries." To cushion the impact
of the strike ban, presidential Decree No. 21 was issued creating the National
Labor Relations Commission, which exercised original jurisdiction over
practically all kinds of labor disputes.
D. Post-Martial Law Period (1986-present)
There was emphasis on the promotion of voluntary modes of dispute
settlement. By virtue of Executive Order No. 126, which reorganized the
Department of Labor and Employment, the National Conciliation and Mediation
Board (NCMB) was created to oversee the implementation of the constitutional
policy of promoting the preferential use of the voluntary modes of dispute
settlement, including conciliation.
Republic Act 6715 introduced amendments to the Labor Code which
strengthened trade unionism and collective bargaining as essential elements of
an effective labor dispute settlement system.

Different Modes of Settling labor Disputes

1. Negotiation
a. Parties control the process.
b. Parties engaged in verbal interaction completely in their own terms
c. Decision is made by the two conflicting parties.
d. Outcome is whatever the parties agree to.
e. Applied to the nonunionized or unorganized group of workers in the private and
government sectors
2. Collective Bargaining
a. Decision-making process between union and management
b. Aims to set the terms and conditions of employment and procedures in the
employer-Employee relationship
c. Aims to ensure that the agreement is enforced through the grievance machinery
with voluntary arbitration as the last step in the process

3. Grievance Machinery
a. Internal rules of procedures intended to resolve all issues arising from the
implementation and interpretation of the collective bargaining agreement
b. Part of the continuous process of the collective bargaining. Intended to promote
friendly dialogue between labor and management as a means of maintaining
industrial peace
c.
4. Mediation
a. Similar to conciliation although the mediator is expected to put forward settlement
proposals
b. Parties fully participate in deciding issues and in creating, evaluating, and solving
the conflict to come up with a win-win solution.

When is Mediation Useful?

a. When parties want to resolve the conflict.
b. When parties are able to verbalize the cause of their distress.
c. When they need to continue or maintain a relationship
d. When they have issues that are complicated by strong emotions
e. When they feel uncomfortable confronting the other
f. When they are able to live up to their promises

Benefits of Mediation
a. It is time saving.
b. It costs a fraction of 10% of litigation.
c. It is private and confidential
d. It restores relationships.
e. It improves understanding of underlying issues.
f. It does not close doors to other options if the parties are not satisfied.
g. It is proven to be more successful in the Philippines.

5. Conciliation
a. Occurs when a conciliator-mediator intervenes in a negotiation
b. Conciliator cannot decide upon the dispute.
c. Can only reconcile the dispute by facilitating the meeting of the minds
d. In the meeting with the conciliator, the disputing parties are given the chance of
state their demands and position with the aim of reaching a variable agreement.
Role of Conciliator-Mediator

An officer of the NCMB has the principal function to assist in the settlement of
labor disputes through conciliation and preventive mediation, including the promotion
and encouragement of voluntary approaches to labor disputes prevention and
settlement.

6. Arbitration
a. Process where a third party, the arbitrator, decides upon the agreement or award
in a labor dispute
b. A quasi-judicial process in which the parties agree to submit an unresolved
dispute to a third neutral party for binding settlement
c. Represents the final stage in the dispute resolution process. The grievance does
not always result in an acceptable solution because when a deadlock occurs,.
Iabor contracts call for arbitration.

Two Kinds of Arbitration

a. Voluntary Arbitration-the parties agree to submit themselves to arbitration.

b. Compulsory Arbitration-parties are compelled or ordered to submit themselves to
arbitration in case there is deadlock during collective bargaining.

Authority of an Arbitrator
a. Investigate and hear the ease upon notice of the parties
b. Render an award (decision) based on the contract and record of the case
c. Set and conduct hearing, attendance of witnesses and proof documents
d. Conduct fact-Ending and other modes of discovery
e. Conduct reopening of hearing
f. Modify any provision of existing agreement upon which a proposed change is
submitted for arbitration

Unionism in the Philippines

Unionization and labor action have dwindled. According to the Bureau of Labor
and Employment Statistics, one of the department bureaus of DOLE if one will look at
the percentage of labor union members to total wage and salary workers, there is a
notable decline from 30. 7% in 1982 to 29. 5 in 1993 down to 10. 6% in 2009.

But for labor leaders and those who are active in the labor movement, they
claim that the prevalent practice of contractualization has been the main culprit in the
reduction of union membership on a national scale. Remollino cited the case of I1aw at
Buklod ng Manggagawa (IBM), the union of workers of the San
Miguel Corporation (SMC) conglomerate, the country’s largest food and beverage
corporation. According to Remollino, it used to be a showcase of what being a strong
union was all about. During the early 1990s, majority of San Miguel’s then 39,000 strong
workforce were members of IBM. Remollino mentined that our of 26,000 employees,
only 1,100 remained as regular employees and members of the union at the same time.
This was based, on the interview with Ka Neri, a full-time KMU organizer working with
the IBM union who is also a former contractual employee at SMC. This, according to
him, was brought about by contractualization in the workplace. There were several
employees who were laid-off, got dismissed, or had availed early retirement and then
they were replaced with contractual employees with lower wages.

Added to this, certain processes are already contracted out by big companies.
This paved the way for the growth of business process outsourcing here in the
Philippines. For example, in the case of PLDT, installations of new telephone lines are
now being done by contractuals who are hired by agencies. These contractual are paid
by piecemeal where their pay depends on the number of telephone lines they installed ;
no installation, no pay.

Contractualization and Unionism

Based on the data from the Bureau of Labor Relations (BLR), there was a
sharp slide in union membership from 2001 during the presidency of Gloria Macapagal-
Arroyo. Union membership decreased from 3. 85 million in 2001 to only 1. 47 million in
2002. The number of union members decreased by almost half.

The sorry state of unionism in the Philippines is further emphasized when one
looks' at the total number of the labor force. As of January 2012, only 64. 3% of the 40.
316-million labor force is employed. The total union membership as of January 2012 is
only 5. 7 percent of the country's employed labor force.

This, according to Remollino, was brought about by contractualization.

Based on Department Order (DO) No. 10 issued by DOLE, contracting and
subcontracting arrangements are expressly allowed by law. With this DO issued by
DOLE, big companies started to outsource rather than hire employees. As claimed by
experts, the business process outsourcing industry is considered as one of the fastest
business sectors in the world including the Philippines. On the other side of the fence,
this practice has led in the reduction of union membership on a national scale. Another
culprit to this decline is the issue on globalization. What came alongside globalization
was the practice of most companies to focus more on market efficiency,. Increase of
return of investments (ROis), low-cost procedures, among others. According to
Guerrero, a clear manifestation of this trend is the growing incidence of labor
contractualization, casual, and temporary employment not only by large and
multinational companies, but also by medium- sized ones. These labor practices
enabled companies to have a clear edge over less competitive ones that eventually just
fade out inevitably displacing quite a number of employees 107, 439 companies not
renewing registration in 2003, nearly a million workers were dispatched. 82 This is
another reason why there is continuous decline when it comes to union membership in
the Philippines. Although the provisions in the labor code are very specific when it
comes to workers 'protection, these usually cover only regular employees.

As pointed out by Guerrero, with the massive trend toward contractualized

labor characterized by less benefits, fragile security and tenure, and lower overhead,
occurrences of high attrition are all detrimental to non-regular employees. It is now easy
to remove contractual employees be it in the enterprise level or macroeconomic level. In
the case of Shoe Mart (SM), for example, it is difficult to organize and maintain a labor
union considering employees change every now and then. With all these developments,
it is no longer surprising to note the weakening of labor movement in the country.

Unions' Contributions and Effects

1. To the Employee
a. Improvement of working rules, protection from the employer, and increase
in job security
b. The grievance procedure negotiated by the union assures an employee
full and just consideration of his/her complaint.
c. Better terms and conditions of employment through bargaining collectively
with management
2. To the Employer
a. Lost the power to set wages without prior discussion with the union
b. Limited power to terminate or discipline employees
c. Union may provide management with useful information about the status
of employee morale
d. Cooperation in the grievance procedure can prevent minor complaints
from growing into major issues.

Labor Organizations in the Philippines

1. The Trade Union Congress of the Philippines (TUCP), with 1. 2 million members,
is the biggest confederation of labor federations in the Philippines. It was founded
on December 14, 1975 by 23 labor federations which saw the necessity and
importance of, uniting themselves into a strong and dynamic labor center. Today,
the TUCP, as the most representative labor center in the country is composed of
almost 30 federations with members in all sectors and industries (from agriculture
to manufacturing to services) including government employees. It also has
members coming from associations/organizations of groups from the OFWs,
informal sector, drivers, urban poor, youth groups, cooperatives, alliances,
coalitions, and other civil society groups.
 2. The Partido ng Manggagawa (PM) was born on the very day the late labor leader
Filemon "Ka popoy" Lagman was laid to rest (February 2001) in the very place
where the working class champion was treacherously slain. The triumphant
formation of the Partido ng Manggagawa amidst the trying times marks the
assumption of the working class to the center stage of the country's
3. The Alliance · of progressive Labor (APL) is a "national labor center." APL was
formally organized on November 1996 through a National Founding Congress. It
is committed to the advancement of social movement unionism-a strategy
directed at recognizing, organizing, and mobilizing all types of workers and
unions for engagements in different arenas of struggle. It recognizes the
broadness of workers' interests and the diversity and complexity of work
arrangements. As such, it is geared toward the struggle for 'workers' rights in all
aspects-economic, political, and socio-cultural-and at all levels local, national,
and global. In short, the strategic objective of social movement unionism is
nothing less than social transformation.
4. The Bukluran ng Manggagawang Pilipino (BMP) is a labor organization
comprised of militant, socialist, and democratic workers and unions. More than
200 local unions nationwide with mass membership of over t00, 000 make up
BMP. It also influences 800 independent unions with mass membership of over
200, 000 through the Kapatiran ng mga PanguIo ng Unyon sa Pilipinas (KPUP),
a fraternal organization of local union presidents in the Philippines. BMP unions
are organized in manufacturing and service industries, chemicals and mines,
agriculture, construction, and transport sectors.

Who May Join Unions?

The Labor Code has enunciated, among others, the policy of the State- to
promote free trade unionism as an agent of democracy, social justice, and development
and to rationalize and restructure the labor movement in order to minimize or avoid
conflicts. The employees covered by this provision include all persons employed in
commercial, industrial, and agricultural enterprises, including religious, charitable,
medical, or educational institutions operating for profit.
Ambulant, intermittent, and itinerant workers, self-employed people, rural
workers, and those without any definite employers may form labor organizations for
their mutual aid and protection.

Employees right to self-organization

Right of employees in the public seruice. Employees of government

corporations established under the Corporation Code shall liave the right to organize
and to bargain collectively with their respective employers. All other employees in the
civil service shall have the right to form associations for purposes not contrary to law.
Exempted from this Provision

1. Security guards and other personnel employed for the protection and security of
the person, properties, and premises of the employer
2. Managerial employees
3. Employees of religious, charitable, medical, and educational institutions not
operating for profit provided the latter do not have existing collective agreements
or recognized unions at the time of the effectivity of the Code nor have
voluntarily waived their exemption

Forms or Union Security

 Closed shop- The employer agrees to hire only union members.

 Union shop- The employer may hire anyone regardless of union membership
status, but the employee must join the union within a set time period (such as 30
days) if the employee wants to retain his/her job in the organization. Agency
shop. The employer may hire anyone regardless of their union membership
status, and the employee need not join the union. However, all non-union
employees must pay a fee (known as the" agency fee") to the union to cover the
costs of collective bargaining.
 Open shop- The employer may hire anyone regardless of their union voluntary
membership status, and the employee need not join the union. Membership is
voluntary.
 Dues checkoff- A contract between the employer and union where the employer
agrees to collect the dues, fees, assessments, and other monies from union
members and/or nonmembers directly from each worker's paycheck and transmit
those funds to the union on a regular basis.

Requirements in the Registration of o Labor Organization
a. Fifty pesos (P50. 00) registration fee
b. The names of its officers, their addresses, the principal address of the labor
organization, the minutes of the organizational meetings, and the list of the
workers who participated in such meetings
c. The names of all its members comprising at least twenty percent (20%) of all the
employees in the bargaining unit where it seeks to operate (as amended by
Executive Order No. 111, December 24, 1986)
d. If the applicant union has been in existence for one or more years, copies of its
annual financial reports and
e. Four (4) copies of the constitution and by · laws of the applicant union, minutes
its adoption or ratification, and the list of the members who participated in it.
Rights or o Legitimate Labor Organization
a. To act as the representative of its members for the purpose of collective
bargaining
b. To be certified as the exclusive representative of all the employees in an
appropriate bargaining unit for purposes of collective bargaining
c. To be furnished by the employer, upon written request, with its annual audited
financial statements, including the balance sheet and the profit and loss
statement, within thirty (30) calendar days from the date of receipt of the request,
after. The union has been duly recognized by the employer or certified as the
sole and exclusive bargaining representative of the employees in the bargaining
unit, or within sixty (60) calendar days before the expiration of the existing
collective bargaining agreement, or during the collective bargaining negotiation
d. To own property, real or personal, for the use and benefit of the labor
organization and its members
e. To sue and be sued h its registered name; and
f. To undertake all other activities designed to benefit the organization and its
members, including cooperative, housing, welfare, and other projects not
contrary.

Unfair Labor Practices of Employers (Practices prohibited by Law)

a. To interfere with, restrain, or coerce employees in the exercise of their right to
Self-organization;
b. To require as a condition of employment that a person or an employee shall not
join a labor organization or shall withdraw from one to which he/the belongs
c. To contract out services or functions being performed by union members when
such will interfere with, restrain, or coerce employees in the exercise of their
rights to self-organization
d. To initiate, dominate, assist, or otherwise interfere with the formation or
administration of any labor organization, including the giving · of financial or
other support to it or its organizers or supporters
e. To discriminate in regard to wages, hours of work, and other terms and
conditions of employment in order to encourage or discourage membership in
any labor organization.
f. To dismiss, discharge, or otherwise prejudice or. Discriminate against an
employee for having given or being about to give testimony under this Code
g. To violate the duty to bargain collectively as prescribed by this Code
h. To pay negotiation or attorney’s fees to the union or its officers or &gents as part
of the settlement of any issue in collective bargaining or any other dispute or
i. To violate a collective bargaining agreement.
Contents of the Contract Agreement

1. Recognition and Union Security

2. Management Rights
3. Grievance Procedure
4. Arbitration of Grievance
5. Disciplinary Procedure
6. Compensation and Benefits Provisions
7. Hours of Work
8. Layoff Procedure
9. Health and Safety Provision
10. Employee Security and Seniority Provisions
11. Contract Expiration Date

Collective Bargaining process

a. When a party desires to negotiate an agreement, it shall serve a written notice

upon the other party with a statement of its proposals. The other party shall
make a reply thereto not later than ten (10) calendar days from receipt of such
notice
b. Should differences arise on the basis of such notice and reply, either party hay
request for a conference which shall begin no later than ten (10) calendar days
from the date of request.
c. If the dispute is not settled, the Board shall intervene upon request of either or
both parties or at its own initiative and immediately call the parties to conciliation
meetings. The Board shall have the power to issue subpoenas requiring the
attendance of the parties to such meetings. It shall be the duty of the parties to
participate fully and promptly in the conciliation meetings that the Board may call
d. During the conciliation proceedings in the Board, the parties are prohibited from
doing any act which may disrupt or impede the early settlement of the disputes ;
and
e. The Board shall exert all efforts to settle disputes amicably and encourage the
parties to submit their case to a voluntary arbitrator.

Bargaining Impasses /Deadlock

This takes place when neither side is willing to give in. It refers to the failure of
both the employer and the employees to arrive at the terms and a condition of the
latter's employment despite previous efforts to arrive at a compromise. When there is an
impasse, any of the following might take place
1. Strikes-occur when employees refuse to work to make greater concessions at
the bargaining table.
2. Injunction-the employer obtaining a court order or restraining order to prevent
the workers from engaging in strikes in specified situations.
3. Lockout-the employer refuses to furnish work to their workers by getting non-
union members as substitutes for the plant's continuous operation.
 4. Picketing-when a union calls a strike, it usually establishes picket lines to
advertise the strike and discourage the employer from continuous operations. It
is the act of strikers where they patrol back and forth, carry placards or banners
with statements relating to the dispute, and distribute literatures at the entrance
of the company's gate.
5. Third party intervention-both parties have to agree to use, any of the third party
interventions
a. Mediation and conciliation
b. Fact-finding
c. Arbitration

Grievance Machinery and Voluntary Arbitration

The parties to a collective bargaining agreement shall establish machinery for
the adjustment and resolution of grievances arising fk6m the interpretation or
implementation of their collective bargaining agreement and those arising from the
interpretation or enforcement of company personnel policies.
All grievances submitted to the grievance machinery which are not settled
within seven (7) calendar days from the date of its submission shall automatically be
referred to voluntary arbitration prescribed in the collective bargaining agreement.

Procedural but Mandatory Requisites of a Lawful Strike or Lockout

There are seven (7) mandatory requisites, namely
First requisite valid and factual ground
a. Valid grounds:
1. CBA deadlock
2. Unfair labor practice (ULP)
b. No other grounds are allowed except the two mentioned above.