TOPIC 3

THE LEGAL ENVIRONMENT: 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 until 1901.
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.

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

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 service. Employees of government corporations

established under the Corporation Code shall have 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 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 nonunion
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.