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Primer On Strike Picketing and Lockout
Primer On Strike Picketing and Lockout
LOCKOUT
TABLE OF CONTENTS
I. FOREWORD chanroblespublishingcompany
III. APPENDICES
REFERENCES
PRODUCTION STAFF
FOREWORD TO THE SECOND EDITION
FOREWORD
On the other hand, when strikers abandon the strike and apply
for reinstatement despite the existence of valid grounds but the
employer either refuses to reinstate them or imposes upon their
reinstatement new conditions that constitute unfair labor
practices, the strikers, who refuse to accept the new conditions
and are consequently refused reinstatement, are entitled to the
losses of pay they may have suffered by reason of the employer’s
discriminatory acts from the time they were refused
reinstatement. chanroblespublishingcompany
A. No. Since it is not part of the strike area the same could
not be blocked or picketed.
APPENDIX 2
DEFINITION OF TERMS
Sec. 3 Article XIII. — The State shall afford full protection to labor,
local and overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for all.
The State shall regulate the relations between the workers and
employers, recognizing the right of labor to its just share in the fruits
of production and the right of enterprises to reasonable return on
investments, and to expansion and growth. chanroblespublishingcompany
In line with the national concern for and the highest respect accorded
to the right of patients to life and health, strikes and lockouts in
hospitals, clinics and similar medical institutions shall, to every
extent possible, be avoided, and all serious efforts, not only by labor
and management but government as well, be exhausted to
substantially minimize, if not prevent, their adverse effects on such
life and health, through the exercise, however legitimate, by labor of
its right to strike and by management to lockout. In labor disputes
adversely affecting the continued operation of such hospitals, clinics
or medical institutions, it shall be the duty of the striking union or
locking-out employer to provide and maintain an effective skeletal
workforce of medical and other health personnel, whose movement
and services shall be unhampered and unrestricted, as are necessary
to insure the proper and adequate protection of the life of its patients,
most especially emergency cases, for the duration of the strike or
lockout.
APPENDIX 4
Legal Requirements
b. bargaining deadlock
CONCILIATION
PICKETING
15. During strikes, workers enjoy the right to peaceful picketing
which is the marching to and from before the premises of an
establishment involved in a labor dispute, generally accompanied by
the carrying and display of signs, placards or banners with statements
relating to the dispute.
INJUNCTIONS
20. Injunction orders issued under Article 218 and 263 of the Labor
Code, as amended, shall be served and enforced by appropriate
officials or employees of the National Labor Relations Commission or
by such officials or employees of the Department of Labor and
Employment who may be designated by the labor secretary.
26. The employer or the union may file the proper petition to the
appropriate Arbitration Branch of the NLRC to seek a declaration of
the illegality of the strike or lockout subject to the provision of Article
263 (g). It shall be the duty of the Labor Arbiter concerned to act on
the case immediately and dispose of the same subject only to the
requirements of due process. chanroblespublishingcompany
19 October 1987.
GENERAL POLICY
8. The peace keeping detail shall not be stationed in the picket (or
confrontation line) but should be stationed such that their presence
may deter the commission of criminal acts or any untoward incident
from either side. The members of the peace keeping detail shall stay
outside a 50 meter radius from the picket line, except, if the 50 meter
radius includes a public thoroughfare, they may station themselves in
such public thoroughfare for the purpose of insuring the free flow of
traffic.
10. Any person who, during the strike/lockout, violates any law,
statute, ordinance or any provision of Batas Pambansa Blg. 880 or
the Public Assembly Act may be arrested and charged accordingly in
court.
11. Any person who obstructs the free and lawful ingress to and
egress from the employer’s premises in contemplation of Article 264,
par. (e) of the Labor Code, as amended, or who obstructs public
thoroughfares may be arrested and accordingly charged in court.
ADMINISTRATIVE JURISDICTION
LIAISON
ADMINISTRATIVE ACTION
EFFECTIVITY
WITNESSES:
PRODUCTION STAFF
Project Manager
Acting Exec. Dir. Rosalinda D. Baldoz
Project Director
Dir. Gilbert D. Pimentel
Atty. Elenita F. Cruz
Technical Coordinators
Atty. Leah C. Tiozon
Atty. Josefina S. Olais
Administrative Staff
Junice M. Osunero
Sandi G. Carlota-Comla
Noel T. Diones
NCMB-Regional Branch IV
Room 101 NTA Bldg., Panay Ave., cor. St. Reyes, Quezon City 1100
9276837/9276841
NCMB-Regional Branch V
E.L. Yu Bldg., Circumferential Road, Legaspi City 4500
(05221) 243417
NCMB-Regional Branch VI
RS Bldg., Capitol Shopping Ctr., Bacolod City 6100
(034) 20237; 22501
NCMB-Regional Branch IX
3rd Floor P. Fermin Bldg., Veterans Ave., Zamboanga City 7000
(062) 9912186
NCMB-Regional Branch X
3rd Floor PBCom Building, Tiano-Hayes St. Cagayan de Oro City 7000
(08822) 4298/4378; 723922-DD
NCMB-Regional Branch XI
Lourdes Go Bldg., Magsaysay Ave., Davao City 8000
(082) 79553; 63465-DD
REFERENCES
Guidelines for the Conduct of PNP Personnel, Private Security Guards and
Company Guard Forces During Strikes, Lockouts and Labor Disputes in
General
PAL vs. Secretary of Labor and Employment (GR 88210, 23 January 1991)
United CMC Textile Workers Union vs. Ople (120 SCRA 355)
St. Scholastica’s College vs. Hon. Ruben Torres (G.R. No. 100158, June 29,
1992)
Consolidated Labor Association of the Phil. vs. Marsman and Company (11
SCRA 589)