STRIKES, LOCKOUTS AND PICKETING

CONCERTED ACTIVITIES
➢ People PLANNING AND ACTING TOGETHER
➢ One undertaken by TWO OR MORE EMPLOYEES, or by one on behalf of others

STRIKES
➢ TEMPORARY STOPPAGE of work by the concerted action of the employees as a result
of an INDUSTRIAL OR LABOR DISPUTE.
➢ Consists not only of concerted work
stoppages but also sitdowns, mass leaves,
slowdowns, attempts to damage, destroy or
sabotage plant equipment or facilities and
similar activities.
➢ CESSATION OF WORK by employee in an effort to get more favorable terms for
employment
➢ CONCERTEDREFUSAL by employees to do any work for their employees, or work at
their customary rate of speed until the object of strike is attained by employer’s
concession

CHARACTERISTICS OF STRIKES
➢ Established relationship between strikers and
➢ persons against whom the strike is called
➢ Relationship must be of employer-employee
➢ Existence of dispute between the parties and
the utilization by labor of the weapon of
concerted refusal to work as a means of
persuading or coercing compliance to
demands
➢ Even though work cessation is by ―belligerent
suspension,‖ Employment relations still
continue
➢ Work stoppage is temporary
➢ Concerted action by employees
➢ Striking group is a LLO, and in the case of
bargaining deadlock, the sole bargaining
representative

LOCKOUT – Temporary stoppage of work by reason of refusal of an employer to furnish work

as a result of an industrial or labor dispute.

➢ An employer’s means of protecting his

bargaining position
 ➢ Employer must show that his act is primarily
defensive, and not an act of hostility to
collective bargaining or of discriminaiton.

VALID LOCKOUTS
➢ To forestall threatened acts of sabotage (Rizal
Cement Workers Union vs. Madrigal Co.)
➢ In anticipation of a threatened strike where
motivated by economic considerations
➢ In response to unprotected strike or walkout
➢ In response to a whipsaw strike
PICKETING

- A right given to workers to peacefully march to and from before an establishment

involved in a labor dispute accompanied by the carrying and display of signs, placards
and banners intended to inform the public about the dispute. Can be performed by
persons even in the absence of Er-Ee Relationship.

LIMITATIONS

➢ Right to peaceful picketing should be exercised with due respect to the right of others;
coercion, intimidation or acts of violence are strictly prohibited
➢ Picketers cannot rightfully prevent employees
of another company which is not their
employer from entering or leaving their
rented premises (innocent bystander)

KINDS OF STRIKES
➢ Extent
◦ General – occur over a whole community, province,
state or country. An extended form of sympathetic
strike; many workers stop working to put pressure
on government or paralyze economic & social
systems
➢ ◦ Local or Particular – applies only in a particular
enterprise or locality
NATURE OF THE ACT

➢ Sitdown Strike – Possession, trespass and prevention of access and operation

➢ ◦ Slowdown – reduction of production output
➢ ◦ Partial or quickie strike – intermittent, unannounced
work stoppage; used interchangeably with wildcat
strike
KINDS OF STRIKES
Employee Interest
◦ Primary Strike – declared by employees who have a
direct and immediate interest in the subject of the
dispute between them and the Er
➢ ◦ Secondary Strike – Coercive measure adopted by
workers against an employer connected by product
or employment with alleged unfair labor conditions
or practices
➢ ◦ Sympathetic Strike – striking employees have no
demands or grievances of their own, but strike to
directly or indirectly aid others without direct
relation to the advancement of the interest of the
strikers.
➢ Economic Strike – one intended to force wage
and other concessions from the employer,
which he is not required by law to grant.
➢ Unfair Labor Practice Strike – called against
the ULP of the employer, usually for the
purpose of making him desist from further
committing such practices. Called for mutual
protection, and for the discontinuance of
employer abuses.

AVOIDANCE OF STRIKES

• Parties must first exhaust measures or

remedies that will avoid the strike, akin to the
doctrine of Exhaustion of Administrative
Remedies.
• Only when non-disruptive alternatives have
proved unsuccessful may strikes be deemed
justified.
• Jumping the gun on the grievance
procedure/voluntary arbitration of a dispute
will mean that the strike is PREMATURE, thus
illegal
• Once an issue has been submitted for
conciliation, mediation or compromise, the
employees cannot resort to a strike.
• Discussions during conciliation proceedings
are confidential and treated as privileged
information
• Parties can enter into compromise
 agreements to avoid a strike, which
compromise shall be immediately final and
executory.

LABOR CODE PROVISIONS PROTECTING THE RIGHT TO STRIKE

• Art. 260 – Not subject to labor injunction or
restraining order
• Art. 254 – No discrimination against striker in
the exercise of the right
• Art. 270(a) – Preservation of employment
relationship
• Art. 270(c) – Prohibition on Strike-breakers

STRIKES, MANDATORY REQUISITES

➢ First requisite: Valid and factual ground
(1) CBA Deadlock; and
(2) Unfair labor practice (ULP).
➢ Second Requisite: Notice (of Strike or Lockout)
(1) CBA Deadlock - 30 days from intended
date of strike
(2) Unfair labor practice (ULP) – 15 days.
➢ Third requisite: Notice to NCMB-DOLE at least
24 hours prior to the taking of the strike or
lockout vote (secret ballot)
Decision to conduct vote
Date, time and place
➢ Fourth Requisite: Strike or Lockout Vote
Majority approval required
Must be implemented even in cases of union-
busting
➢ Fifth requisite: Strike/Lockout Vote Report
Submitted at least seven days prior to strike/lockout
If report submitted during cooling off period, seven
day waiting period begins on the day following the
cooling off period
If for union busting, cooling period may be dispensed
with
Sixth Requisite: Cooling Off Period
Reckoned from filing of notice of strike/lockout
30 days for deadlock, 15 for ULP
If strike is for union-busting, period is dispensed
with
➢ Seventh requisite: Waiting period
Seven days from submission of strike vote
 report

NOTA BENE: STRIKE RULES

1. Failure to comply with requisites will render the strike or
lockout illegal.
2. A strike or lockout based on non-strikeable issues is illegal
3. A strike or lockout is illegal if the issues involved are
already subject of compulsory or voluntary arbitration or
conciliation or the steps in grievance machinery are not
exhausted.
4. A strike or lockout is illegal if unlawful means were
employed or prohibited acts or practices were committed
(e.g., Use of force, violence, threats, coercion, etc.;
Barricades, blockades and obstructions of ingress to
[entrance] or egress from [exit] the company premises).
5. A strike or lockout is illegal if the notice of strike or notice
of lockout is already converted into a preventive mediation case.
6. A strike or lockout is illegal if staged in violation of
the No-Strike, No-Lockout clause in the collective
bargaining agreement.
7. A strike or lockout is illegal if staged in violation of
a temporary restraining order or an injunction or
assumption or certification order.
8. A strike is illegal if staged by a minority union.
9. A strike or lockout is illegal if conducted for
unlawful purpose/s (e.g.: Strike to compel dismissal
of employee or to compel the employer to
recognize the union or the so-called ―Union-
Recognition Strike‖)
10. The local union and not the federation is liable to
pay damages in case of illegal strike.

PREVENTIVE MEDIATION

• The NCMB has the authority to convert a notice of

strike filed by the union into a preventive mediation
case if it finds that the real issues raised therein are
non-strikeable in character.
• NCMB has duty to exert all efforts at mediation and
conciliation to enable parties to settle the dispute
• amicably and in line with the state policy of favoring
voluntary modes of settling labor disputes.
• Once a notice of strike/lockout is converted into a
preventive mediation case, it will be dropped from
 the docket of notices of strikes/lockouts.
• Once dropped therefrom, a strike/lockout can no
longer be legally staged based on the same notice.
The conversion has the effect of dismissing the notice.

ASSUMPTION OF JURISDICTION

• Occurs when labor dispute that caused or may cause strike is in an industry indispensable
to the national interest
• DOLE Secretary assumes jurisdiction and
◦ May decide the case, or
◦ Certify the same to the NLRC for compulsory arbitration
• The power of assumption of jurisdiction over
labor disputes in these industries is in the
nature of the POLICE POWER measure.

EFFECTS OF ASSUMPTION

• Automatically enjoins intended or impending strike or lockout

All striking or locked out employees shall return to work immediately
• ◦ Note that striking employees are not considered to
have abandoned their employment, but only ceased from their labor
• Employer shall resume operations and admit all workers under same conditions pre-
strike
• No Motion for Reconsideration will stay the
assumption order.

WAGES TO BE PAID DURIING STRIKE

• No work, no pay rule applied

• Exceptions
◦ ULP strike
◦ Unconditional and voluntary offer to return to work
is refused by employer
◦ Employees are discriminated against despite a
RTWO
◦ Non-participating employees were locked out by
employer
◦ Reinstatement no longer possible
PROHIBITED ACTIVITIES

• Article 270 - Note prohibitions on:

 ◦ Labor Organizations
◦ Third Persons
◦ Employers
◦ Public Officials or Employees
◦ Picketers

RETURN TO WORK ORDER

• Enjoins striking workers to RETURN TO WORK

Defiance of RTWO is considered an illegal act
Strike becomes illegal
Defiant strikers may be sanctioned with
disciplinary measures, e.g. dismissal or loss
of employment status or criminal prosecution

IMPROVED OFFER REDUCED OFFER

BALLOTING BALLOTING
• NCMB shall conduct a • NCMB shall conduct a
referendum by secret referendum by secret
ballot on or before 30th ballot on or before
day of the strike; 30th day of the
• If majority of union lockout;
members accept offer • If majority of board
◦ Striking workers shall members, trustees or
return to work directors accept offer
immediately ◦ Locked out workers
◦ Employer readmits shall return to work
striking workers upon immediately
signing of ◦ Employer readmits
agreement workers upon signing
• Initiated when of
EMPLOYER makes agreement
an offer that • Initiated when
is, in his opinion, STRIKERS make an
better than his offer that is,
previous in their opinion, more
stance in the labor dispute acceptable than their
previous stance in the
labor dispute