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Labor 2
LDCU College of Law
by: ngeeng2x
Strike – is any temporary stoppage of work by the concerted action of employees as a result of any industrial or
labor dispute. The purpose of strike is to put economic pressure upon the employer so that he will accede to the
demands of the union.
Lockouts – is one of the economic shields of the employer against employees. It is an act of the employer
temporarily refusing to furnish work as a result of an industrial or labor dispute. It may comprise shutdowns,
mass retrenchments and dismissals. It may constitute of replacing the employees who are member of the union
by employees who are not members of a union.
Classification of strike
a.) Authorized – strike called upon or approved by the majority of the union membership.
b.) Unauthorized (wildcat) – they are called w/o the majority approval of the union members in the bargaining
unit. They take form of rebellion by the rank and file members against the union leadership or part of the
members against the union leadership or part of the membership against the total membership.
What are the valid issues/grounds that may be the subject of a notice of strike/lockout?
A notice of strike or lockout may be filed on grounds of unfair labor practice (ULP) or deadlock in collective
bargaining (CB).
Union Busting
a.) A dismissal from employment of union officers duly elected in accordance with the union constitution by laws
b.) the existence of the union must be threatened by such dismissal
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.
A union intending to stage a strike is mandated to notify the NCMB of the meeting for the conduct of strike vote,
at least 24 hours prior to such meeting, known as the 24hour prior notice rule.
Purpose of 24 hour notice rule and its effects – designed to inform the NCMB of the intent of the union to
conduct a strike vote, give NCMB ample time to decide whether or not there is a need to supervise the conduct
of strike vote to prevent any acts of violence or irregularities and should the NCMB decide motu propio or upon
the request of an interested party including the employer, to supervise strike vote, to give ample time to prepare
for the deployment of the requisite personnel including peace officers if need be.
Purpose of strike vote – is intended to give the DOLE an opportunity to verify whether the projected strike
really carries the approval of the majority union members. It also discourages wildcat strikes, union bossism, and
even corruption.
Purpose of Mandatory cooling-off period - The 15 and 30 days requirement is design to afford the parties the
opportunity to amicably resolved the dispute with the assistance of the NCMB conciliator/Mediator.
Purpose of Mandatory 7 days strike ban – is intended to give the DOLE an opportunity to verify whether or not
the projected strike really carries the imprimatur of the majority of the union members.
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.
Lockouts – is one of the economic shields of the employer against employees. It is an act of the employer
temporarily refusing to furnish work as a result of an industrial or labor dispute. It may comprise shutdowns,
mass retrenchments and dismissals. It may constitute of replacing the employees who are member of the union
by employees who are not members of a union.
Declaration of lockout
If the dispute is not settled after the lapse of the cooling-off period and the 7 day period from the submission of
the lockout vote report, the employer may declare a lockout.
Assumption of jurisdiction over national interest cases by the Secretary of labor and Employment
When a labor dispute is likely to cause a strike or lockout in an industry indispensible to the national interest, the
secretary may assume jurisdiction over the dispute and decide it or certify the same to the National Labor
Relations Commission for compulsory arbitration, provided, that any of the following conditions is present:
1.) Both parties have requested the secretary to assume jurisdiction over the labor dispute
2.) After conference called by the office of the secretary of labor and employment on the propriety of its issuance,
motu propio or upon a request or petition by either parties to the labor dispute.
The grant of breadth of discretion to the secretary of Labor under art. 278 must be within the confines of law. The
assumption power granted to the President and the secretary of labor is an extraordinary and pre-emptive
authority strictly limited to the national interest cases.
The main purpose of the assumption is the resumption of the employer’s operations so essential to the national
interest and to prevent a tremendous damage to national interest. The striking workers must cease and/or desist
from any or all acts that tend to, or undermine this authority of the secretary of Labor, once an assumption
certification is issued. The mere issuance of an assumption order automatically carries with it a return to work
order although not expressly stated therein. When the secretary assumes jurisdiction over a labor dispute, any
strike or lockout, actual or intended, is automatically enjoined and to ensure compliance the secretary can seek
assistance of law enforcement agencies. This is in keeping with the rationale that any work stoppage or
slowdown in an industry can be inimical to national economy.
In case of non-compliance with return to work order in connection with the certification or assumption of
jurisdiction, the party may be subjected to immediate disciplinary action, including dismissal or loss of
employment status or payment by the locking-out employer of back wages, damages and other affirmative relief,
even criminal prosecution against either or both of them. The certification orders are executor in character and
are to be strictly complied with b the parties even during the pendency of any petition questioning their validity.
Picketing – is a device used by the union to bolster their strike. It refers to outside patrolling or marching to and
fro of the strikers at the company’s premises usually accompanied by the display of placards and other signs
making known the facts involved in a labor dispute. In order to be lawful, picketing must be carried on peacefully
and in conformity with lawful objectives. In short, the ends and means must concur. Picketing may be declared
illegal if the picketers start to utter forceful, coercive statements in an attempt to prevent members of other
unions crossing the picket line.
Stranger Picketing – the kind of picketing by a union having no members employed in the place picketed.
There exists no employer-employee relationship.
Injunction upheld to be valid
1.) An injunction prohibiting the union from blocking the ingress of an industrial plant
2.) Picketing that resulted in preventing other employees of a company
3.) Picketing union cannot prevent employees of another company from getting in and out of its rented
premises for it could be liable for damages.
Boycott – is a combination, the purpose of which is to coerce the employer by the restriction and withholding of
patronage so as to diminish his volume of business.
Kinds of boycott
1.) Primary boycott – where the refusal to patronize is confined to the employees who have direct interest in
the dispute with the employer. There is employer-employee relationship.
2.) Secondary boycott – where the refusal to patronize is done by persons who have no economic interest
in the dispute, enlisted to assist the employees in coercing the employer to meet the demands of the
workers.
1. A written notice specifying the grounds for termination and giving the employee a reasonable opportunity
to explain his side
2. Another written notice indicating that upon due consideration of all circumstances, grounds have been
established to justify the employer’s decision to dismiss the employee
A worker merely participating in an illegal strike may not be terminated from employment. It is only when he
commits illegal acts during a strike that he may be declared to have lost employment status. In contrast, a union
officer may be terminated from employment for knowingly participating in an illegal strike or participates in the
commission of illegal act during a strike.
Strikers not entitled to back wages; exceptions
As a general rule, striking employees are not entitled to the payment of wages for unworked days during the
period of the strike. On the other hand, even after the labor tribunal has made a finding of unfair labor practice, it
shall have the discretion to determine whether or not to grant back wages.
1. Discriminatory dismissed employees must receive back wages from the date of the act of discrimination,
that is, from the day of their discharge
2. The strikers did not strike but were practically illegally locked out.
3. The strikers voluntarily and unconditionally offered to return to work, but the employer refused to accept
the offer.
Neither shall the employer use or employ any strike breaker nor shall any person be employed as a strike-
breaker or fink.
As a general rule, a plocie officer cannot arrest or detain a union member or union organizer without previous
consultation with the secretary of labor and employment.
a. Any person who obstructs the free and lawful ingress to and egress from the employer ’s premises or
who obstructs public thourough fares may be arrested and accordingly charged in court.
b. Any person who shall have in his possession deadly weapons