Strikes and Lockout avoid the occurrence of actual

labor disputes.
1. What is alternative dispute
resolution (ADR)? 5. Suppose the issue on
preventive mediation is not
Alternative Dispute Resolution
settled, what action may be
means any process or procedure
taken?
used to resolve a labor dispute
through conciliation, mediation, The individual, union or
voluntary arbitration, or plant- management may file a notice of
level bipartite mechanisms, such strike/lockout.
as labor-management cooperation
6. Who can file a notice of strike?
(LMC) and grievance machinery.
Unions that are certified as the
2. What is conciliation-mediation?
sole and exclusive bargaining
Conciliation-mediation is a non- agent (SEBA) may file a notice of
litigious, non-adversarial, less strike at the NCMB Regional
expensive and expeditious Branch. In the absence of a SEBA,
mechanism in assisting the a legitimate labor organization
parties towards voluntarily may file but only on grounds of
reaching their own mutually ULPs.
acceptable settlement to the
7. What are the valid
labor dispute. Under this informal
issues/grounds that may be the
set-up, the parties arrive at an
subject of a notice of
amicable settlement without
strike/lockout?
going through legal procedures.
A notice of strike or lockout may
3. Who can avail of conciliation
be filed on grounds of unfair labor
and mediation services?
practice (ULP) or deadlock in
Any party to a labor dispute, collective bargaining (CB).
whether an individual, union or
8. May the union or management
management, can avail of the
bring the case to voluntary
conciliation mediation services at
arbitration?
the National Conciliation and
Mediation Board (NCMB) and its Yes. Upon agreement, the parties
Regional Branches thru a request may bring the matter for
for assistance, notice of resolution before an accredited
preventive mediation or notice of voluntary arbitrator of their own
strike/lockout. choice, in which case the Notice
is deemed automatically
4. What are the issues that may be
withdrawn and dropped from the
the subject of preventive
dockets.
mediation?
9. What happens in case no
A preventive mediation may be
settlement is reached?
filed by an individual, union or
management on any issue arising The union/management may go on
from violation of the right to self- strike/lockout provided the
organization, including issues for following are complied with:
notice of strike or lockout, to
a) A request to the concerned
NCMB regional branch to observe
the conduct of the strike/lockout
vote;
b) Actual conduct of
strike/lockout vote must be
approved through secret ballot by
the majority of the union
members/board of directors of the
corporation or association or of
the partners in a partnership;
c) The result of the strike or
lockout VOTE shall be submitted
to the concerned NCMB-Regional
Branch;
d) The union must wait for the
lapse of the 7-day mandatory
strike ban period from the
submission of the strike/lockout
vote results to give NCMB last
ditch effort to effect settlement.
10. What are the periods to be
observed before going on strike?
If the ground of the notice of
strike is CB deadlock, the cooling-
off period is 30 days. If ULP, 15
days. During these periods, the
NCMB shall exert all efforts at the
mediation and conciliation to
effect voluntary settlement. If
Union Busting, the cooling-off
period is dispensed with but the
mandatory 7-day Strike Ban period
must be complied with.
11. When may a strike or lockout
be declared illegal?
A strike or lockout may be
declared illegal if any of the
requirements for a valid strike or
lockout is not complied with. It
may also be declared illegal if it is
based on non-strikeable issues or
if the issues involved are already
the subject of arbitration. During a
strike or lockout, when either of
the parties commits prohibited
acts or practices, the strike or
lockout may be declared illegal.
12. Who has jurisdiction to
determine the legality of strike or
lockout?
In general, the Labor Arbiter in the
appropriate Arbitration Branch of
the NLRC has the power to
determine questions involving the
legality or illegality of a strike or
lockout upon the filing of a proper
complaint and after due hearing.
Where the matter of legality or
illegality of a strike is raised in
the dispute over which the
Secretary assumed jurisdiction or
in compulsory arbitration, the
same may be resolved by the
Secretary or the Commission,
respectively. (IPI vs. Sec. of Labor
and Associated Labor Unions, G.R.
No. 92981-83, January 9, 1992.)
13. Is conciliation-mediation still
possible during actual strike or
actual lockout?
Yes. Conciliation-mediation can
still continue even during an
actual strike or lockout to exhaust
all possible remedies and explore
solutions mutually acceptable to
both parties in resolving the labor
dispute.
14. What may the union do if the
ground for notice of strike is ULP
that involves dismissal of union
officers?
In case of dismissal of union
officers, the 15-day cooling-off
period shall not apply and the
union may declare a strike after
observing the 7-day mandatory
strike ban period which starts
after submission of the strike vote
results.
15. What may happen if the illegal at the NLRC-RAB where the
dispute is considered to be employer is located.
imbued with national interest?
20. What is the consequence of an
The Secretary of Labor and illegal strike?
Employment may assume
When the strike is held illegal,
jurisdiction over the dispute or
only the union officers who
certify it to the NLRC for
knowingly participated will be
compulsory arbitration.
considered to have lost their
16. Is conciliation-mediation still employment status. The union
possible even if the dispute has members who knowingly
already been assumed or participated in the commission of
certified? illegal acts during the strike may
be held liable.
Yes. The duty to bargain
collectively continues until all 21. What is a grievance?
issues involved in the dispute
A grievance is any question by
have been resolved and at any
either the employer or the union
point during the pendency of the
regarding the interpretation or
case at the Office of the Secretary
implementation of the collective
or at the NLRC, the parties can
bargaining agreement or
still submit the dispute to
interpretation or implementation
voluntary arbitration.
of company personnel policies or
17. What is the effect of interpretation or implementation
assumption of jurisdiction or of the productivity incentive
certification for compulsory programs or wage distortion
arbitration? issues or any claim by either party
that the other party is in violation
The strike is enjoined and the
of any provision of the CBA or
striking workers after due notice
company personnel policies.
are ordered to return to work and
the management to accept them 22. What are the sources of a
while the Secretary of Labor or grievance?
the NLRC resolves the dispute.
a. Contract (Collective Bargaining
18. What is the effect if the Agreement)
strikers refuse to obey the
b. Company Personnel Policies
assumption/certification order?
and Company Rules and
The strike becomes a prohibited Regulations
activity and the strike becomes
c. Company Productivity
illegal. The union officers or
Incentive Programs
members will be deemed
dismissed from employment. d. Law

19. Can the employer file a e. Past practice

petition to declare the strike
23. What are the types of
illegal?
grievances?
Yes. An employer may file a
petition to declare the strike
a. Rights disputes – pertain to any c. The Union
violations arising from rights
d. Management or Employer
established under collective
agreements, laws, rules and 26. How is a grievance resolved?
regulations and customary
The grievance is resolved through
practices.
the grievance machinery or
b. Interests disputes – are often committee as provided for in the
referred to as bargaining deadlock CBA. The procedure may vary
issues which may also be from CBA to CBA, but the ideal
submitted to voluntary arbitration procedure shall be as follows:
upon agreement of the parties.
a) An employee shall present the
c. Discipline cases – refer to grievance or complaint orally or in
violators of the usual norms or writing to the shop steward;
personnel conduct or behaviour of
b) If the grievance is valid, the
employees.
shop steward shall immediately
24. What are the grounds for a bring the complaint to the
grievance to exist? employee’s immediate supervisor;

a. There is a violation of the CBA c) If no settlement is reached, the

provisions. (It arises out of grievance shall be referred to the
interpretation or implementation grievance committee which shall
of CBA) have ten (10) days to decide the
case. (Rule 19, Sec. 2. D.O. 40-03)
b. A worker has been treated
unfairly by some decision or policy 27. What happens if a grievance is
of the company. (It involves a not resolved?
disciplinary action of
The unresolved issue/s in
management)
the grievance shall be submitted
c. There is violation of law or to voluntary arbitration.
health and safety regulation.
28. What is Voluntary Arbitration?
d. There is violation of a past
Voluntary Arbitration is a mode of
practice.
settling labor-management
e. There is a violation of employer dispute by which the parties
responsibility. select a competent, trained and
impartial person who decides on
f. Wage distortion issues.
the merits of the case and whose
g. Issues arising from the decision is final, executory and
interpretation or implementation binding. It is the terminal step
of the productivity incentive after the parties have exhausted
programs. their grievance machineries.
25. Who can file/initiate a 29. Who is a voluntary arbitrator?
Grievance?
Any person who has been
a. Aggrieved (individual) accredited by the Board as such,
employee or any person named or
designated in the collective
b. Group of employees
bargaining agreement by the
parties as their voluntary
arbitrator, or one chosen by the
parties with or without the
assistance of the Board, pursuant
to a selection procedure agreed
upon in the CBA or one appointed
by the Board in case either of the
parties to the CBA refuses to
submit to voluntary arbitration.
The term includes panel of
voluntary arbitrators.
30. What are the kinds of
voluntary arbitrator?
a. Permanent Arbitrator – the
voluntary arbitrator specifically
named or designated in the
collective bargaining agreement
by the parties as their voluntary
arbitrator.
b. Ad-hoc-arbitrator – the
voluntary arbitrator chosen by the
parties in accordance with the
established procedures in the CBA
or the one appointed by the Board
in case there is failure in the
selection or in case either of the
parties to the CBA refuses to
submit to voluntary arbitration.
31. What are the disputes/issues
that may be submitted to
voluntary arbitration?
a. All unresolved grievances
arising from the interpretation or
implementation of the collective
bargaining agreement. (Art. 261,
Labor Code)
b. All unresolved grievances
arising from the implementation or
enforcement of company
personnel policies. (Art. 261, LC)
c. All wage distortion issues
arising from the application of any
wage orders in organized
establishments. (Art. 124, LC)
d. All unresolved grievances
arising from the interpretation and
implementation of the productivity
incentive programs RA 6971.
e. All other labor disputes
including unfair labor practices.
(Art. 262, LC)
f. Bargaining deadlocks (Art.
262,LC)
g. Assumed or certified “national
interest cases” before or any
a stage of the compulsory
arbitration process (Art. 263[h],
LC)
h. Illegal dismissal cases under
Policy Instruction No. 56 dated
April 6, 1993.
32. How does a voluntary
Arbitrator or panel of Voluntary
Arbitrators acquire jurisdiction
over a case?
Pursuant to DO 40-03 and Revised
Procedural Guidelines on VA, a
Voluntary Arbitrator or panel of
Voluntary Arbitrators acquire
jurisdiction over a specific dispute
upon receipt of the following:
a. submission agreement signed
by the parties;
b. notice to arbitrate signed by a
party to a CBA with an agreement
to arbitrate; or
c. appointment/designation as VA
by the National Conciliation and
Mediation Board (NCMB) in either
of the following circumstances:
 In the event the parties fail to
select an arbitrator; or
 In the event that: a) a NTA is
served; b) the CBA does not
name in advance an
arbitrator; and c) the other
party upon whom the notice
 is served does not reply
favorably within seven (7)
days from receipt of such
notice.
33. What is a Submission
Agreement?
It is written agreement by the
parties submitting their case for
arbitration containing the issues,
the chosen arbitrator and
stipulation to abide by and comply
with the resolution, including the
cost of arbitration.
34. What is the remedy of a party
who wants to submit to a
Voluntary Arbitration despite the
refusal of the other party after
exhaustion of grievance
procedure but the grievance
remains unresolved?
Submit the case through a
procedure called the Notice to
Arbitrate.
35. What is a Notice to Arbitrate?
It is a formal demand made by one
party to the other for the
arbitration of a particular dispute
in case of refusal of one party to a
CBA to submit to arbitration.
36. What is the procedure to a
Notice to Arbitrate?
1. The Notice is served upon
the unwilling party, copy
furnished the permanent
arbitrator and the NCMB
Regional Branch having
jurisdiction over the
workplace;
2. Upon receipt of a notice to
arbitrate after the lapse of
the seventh-day period
within which to respond, the
permanent arbitrator/s shall
immediately commence
arbitration proceedings.
3. In the absence of a
permanent arbitrator in the
CBA, the Board/Branch
appoints a voluntary
arbitrator who shall
immediately commence
arbitration proceedings upon
receipt of such appointment.
37. What is the period required of
a voluntary arbitrator or panel of
voluntary arbitrators to render an
award or decision?
Unless the parties agree
otherwise, a Voluntary Arbitrator
or panel of voluntary arbitrators
are mandated to render an award
or decision within 20 calendar
days from date of submission for
decision.
38. May the parties to a case
enter into an amicable settlement
of their dispute pending resolution
by the arbitrator?
Yes. In the event that the parties
finally settle their dispute during
the pendency of the arbitration
proceedings, the terms of
settlement shall be reduced into
writing and shall be adopted as
the DECISION of the arbitrator.
39. What are the advantages of
resorting to voluntary arbitration
in the resolution of a dispute?
a. Speedy
b. Fair
c. Finality of decisions
d. Economical for both in terms of
time, money and resources
e. Alternative to Industrial Action
f. Non-litigious, non-adversarial,
non-technical
g. Arbitrable issues are not combination of direct and indirect
strikeable as mandated by law participation mechanisms like
joint bodies and small group
40. What is labor-management
activities.
cooperation?
Labor-management cooperation is
a state of relations where labor
and management work hand in
hand to accomplish certain goals
using mutually acceptable means.
It provides schemes of workers’
participation in decision making
process through information
sharing, discussion, consultation
and negotiations.
41. Is there a need for labor-
management cooperation?
Yes, because labor and
management are social partners
sharing a common interest in the
success and growth of the
enterprise and the economy to
promote workers’ participation in
decision-making processes,
create a labor relations climate
conducive to productivity
improvement, improve the quality
of working life and achieve and
sustain economic growth.
42. What are the mechanisms to
promote labor-management
cooperation?
The following are the
mechanisms:
a. direct participation
mechanisms through small group
activities like quality control
circles or productivity
improvement circles;
b. indirect participation
mechanisms through joint
consultative bodies like labor-
management councils or
committees;