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Self-organization
Collective Bargaining
Negotiations
Peaceful concerted activities
o Includes everything short of strike
o 277 : engage in concerted activities for
purposes of collective bargaining and
for their mutual protection and benefit
Right to Strike in accordance with Law
ARTICLE 277:
2.
Degree of EE Interest
Primary direct and immediate interest
Secondary 3rd party (supplier); there is
connection in product or employment
Sympathetic illegal strike; no direct grievance
or concession; in sympathy to other strikers;
Purpose/Nature of EE Interest
Economic (bargaining deadlock)
ULP
SIX (6) FACTORS AFFECTIVE LEGALITY OF STRIKE
Ludwig Teller
P contrary to a specific probation of law (govt
employees striking)
R contrary to a specific requirement of law
U declared for unlawful purpose (inducing ER to
commit ULP)
M declared for unlawful means (widespread terrorism
against nonstrikers)
I in violation of an existing injunction
A in violation of an existing agreement (no strike
clause, conclusive arbitration agreement)
Slowdown / Overtime Boycott = Illegal Strike
Strike during Arbitration / Preventive Mediation =
Illegal
Violation of a Valid NLRC Order = illegal strike
Grievance Procedure Bypassed = Illegal
*Dismissal of Employee During Conciliation: EEs defiant
(GTE directories corp. v. Sanchez)
NON-STRIKEABLE ISSUES: IVACEN
I inter-union and intra-union disputes
V violation of labor standards
A any issue involving wage distortion
C cases PENDING before dole, blr, nlrc, ca, supreme
court, etc.
E enforcement and execution of final orders,
resolutions, decisions, and awards in the foregoing
N issues covered by a no-strike commitment in a duly
executed CBA
CONVERSION DOCTRINE : started out as an
economic strike but converted to ULP strike because
the actions of the employer prolonged the time that
the strike would have terminated in due course if it
were an economic strike; applied in the case of Laid
Law Corp.
Strikers that are permanently replaced during the
economic phase of the strike are not entitled to
immediate reinstatement but those that have been
replaced after the date of conversion are.
Legality of Strike : Not dependent on the ability of
MGMT to grant demands; If cannot grant = reject
demands, do not punish employees