GROUP 7: STRIKES & LOCKOUTS ✓ It should be declared only on

grounds specified by law;

✓ It should comply with the
Right to Engage in Peaceful Concerted requirements prescribed by law.
Activities • Notice of strike - shall be
filed with Regional Office of
Workers shall have the right to engage in
NCMB (If based on CB
concerted activities for purposes of
Deadlock, 30 days before the
collective bargaining or for their mutual
intended date of strike. If
benefit and protection.
based on ULP, 15 days before
*Concerted Activity - when an activity is the intended date of strike.)
planned and accomplished by people acting • Strike vote - must be
together or when an individual acts for the approved by the majority of
good of many. The right of legitimate labor the total union membership in
organizations to strike and picket and of the bargaining unit
employers to lock-out, consistent with concerned.
national interest, shall continue to be • Strike vote report - The
recognized and respected. report is filed with the
STRIKE regional branch of the NCMB
at least 7 days before the
It refers to any temporary stoppage of work intended strike.
by the concerted action of employees as a
result of an industrial or labor dispute. *Cooling-off Period - is the mandatory span
of time allotted by law for the parties to
Two kinds of Strikes according to purpose settle their disputes in a peaceful manner
or nature of employee interest: before declaring a strike. 30 days from the
a) Unfair labor strike - is a concerted activity filing of notice of lockout- for CBD and 15
staged as a result of the employer’s unfair days from filing the notice of lockout- for
labor practice. ULP.

b) Economic strike - is a concerted activity ILLEGAL STRIKES

staged to force wage or other concessions The following strikes have been held illegal:
from the employer which he is not required
by law to grant. • Strike staged on grounds other than
those prescribed by law.
Legal Grounds for declaring a strike: • Strike staged without complying
Collective bargaining deadlock - the with any of the legal requirements of
situation between the labor and management the strike.
of the company where there is failure in the • Strike declared before the lapse of
collective bargaining negotiations resulting the cooling-off period or the 7-day
in a stalemate. There is a deadlock when strike ban.
there is a complete blocking or stoppage • Strike declared after the Secretary of
resulting from the action of equal and Labor and Employment has assumed
opposed forces. jurisdiction over the dispute or
certified the same for compulsory
Unfair labor practice - practice/s that violate arbitration.
the constitutional right of workers and
• Strike declared after the notice of
employees to self-organization.
strike has been converted into
Requisites of a Valid Strike preventive mediation.
• Strike carried out with the use of
✓ It should be staged by a certified or
force, violence, physical injuries,
duly recognized collective
sabotage and unnecessary obscene
bargaining representative or in the
language.
absence thereof, by a legitimate labor
organization;
 • Strike staged in violation of the no- Exceptions:
strike stipulation of a CBA.
a) If a strike is declared against an industry
• Strike staged without giving the
indispensable to national interest, wherein
employer ample time to consider and
the Secretary of Labor may assume
act on the demands of the union.
jurisdiction or certify the dispute for
• Strike without exhausting or availing compulsory arbitration. The assumption or
of the grievance machinery under the certification automatically enjoins the strike;
CBA.
• Strike staged without first resorting b) If the strike is staged by employees who
to pacific means provided by law. are not accorded with the right to strike or
• Strike declared to correct wage employees of government-owned or
distortion. controlled corporations with original
• Strike staged by a minority union to charters; and
compel the employer to bargain with c) If the strike is staged because of an intra-
it despite the existence of a certified union or inter-union dispute.
bargaining agent.
Strike
• Strike declared for trivial, unjust or
unreasonable purpose. *Return-to-Work Order
• Strike on a simple violation of the
Even if an MR has been filed, strikers are
CBA.
required to immediately comply with the
• Strike on grounds involving inter-
RTWO issued by the Secretary. Strikers who
union or intra-union disputes.
refuse an RTWO may have their work status
• Strike declared without first having
revoked.
bargained collectively.
*Reinstatement of Strikers
Sanction for Illegal Strike
General Rule: Striking employees are
The Current Doctrine
entitled to reinstatement, whether or not the
An Illegal strike does not automatically strike was the consequence of the
warrant the wholesale dismissal of strikers. employer’s ULP.
Only the following strikers can be penalized
Exceptions:
with loss of employment status:
• Union officers who knowingly
a) Union officers who knowingly participate
participate in an illegal strike;
in an illegal strike;
• Union officers or members who
b) Union officers or members who knowingly participate in the
knowingly participate in the commission of commission of illegal acts during the
illegal acts during a strike. (Violence, strike; and
physical injuries, coercion, intimidation, • Strikers who defy a RTWO
possession of deadly weapons, obstruction
of the free ingress to and egress from the *Employment of Strike-Breakers Prohibited
A strike-breaker is a person who obstructs,
employer’s premises and defiance of RTWO
impedes, or interferes with by force,
or assumption/certification order.)
violence, coercion, threats, or intimidation
Injunction Against Strikes any peaceful picketing by employees during
any labor controversy.
General Rule: A strike cannot be enjoined
even if it may appear to be illegal. PICKETING

Picketing is the marching to and for before

the premises of an establishment involved in
a dispute, generally accompanied by the
carrying and display of a sign, placard or
banner bearing statements in connection
with the dispute.
Injunction against picketing • Lockout vote- must be approved
by the majority of the BoD, in
General Rule: Picketing cannot be enjoined
case of a corporation, or the
because it is part of the freedom of speech.
partners in the case of a
Exceptions:
partnership, through secret ballot
a) If necessary to protect the rights of third in a meeting called for the
parties or innocent bystanders; purpose.
• Lockout vote report - The
b) If the picketing is carried out through the
employer must report the results
use of illegal means; and
of the voting at least 7 days
c) If the picketing is carried out through the before the intended lockout.
use of violence or illegal act
ILLEGAL LOCKOUTS
BOYCOTT
The following lockout have been held
Boycott is a combination formed for the illegal:
purpose of restricting the market of an
individual or group of individuals. • Lockouts on grounds other than
those prescribed by law.
• Primary boycott – one which is • Lockouts without complying with
applied directly and alone to the any of the legal requirements.
offending person by withdrawing • Lockout before the lapse of the
from him all business relations on cooling-off period or the 7-day
the part of the organization that lockout ban.
initiated the boycott. • Lockout declared after the Secretary
• Secondary boycott – a combination of Labor and Employment has
to exercise coercive pressure upon assumed jurisdiction over the dispute
the customers of an employer, actual or certified the same for compulsory
or prospective, in order to cause arbitration.
them to or withhold or withdraw • Lockout declared without first
patronage from him through fear of having bargained collectively.
loss or damage to themselves should
they deal with him. *Sanction: An employer guilty of illegal
lockout may be held liable for back wages.
LOCKOUT
Improved Offer Balloting
Lockout is the temporary refusal of an
employer to furnish work as a result of an - A referendum conducted by the
industrial or labor dispute. The refusal to DOLE wherein the strikers vote by
furnish work must be: secret ballots on whether to accept
the improved offer of management
a) Temporary; and on or before the 30th day of the
b) The result of a labor dispute. strike.
- When at least a majority of the union
Requisites of a Valid Lockouts members vote to accept the
✓ It should be declared only on improved offer the striking workers
grounds specified by law; and shall immediately return to work and
✓ It should comply with the the employer shall there upon
requirements prescribed by law. readmit them upon the signing of the
• Notice of lockout - shall be filed agreement.
with Regional Office of NCMB
(If based on CB Deadlock, 30
days before the intended date of
the strike. If based on ULP, 15
days before the intended date of
strike.)
Reduced Offer Balloting 6. Bringing in, introducing or escorting
on the part of an armed person,
- A referendum conducted by the
public officer, personnel of the AFP
DOLE wherein the BOD or trustees
or PNP, any person who seeks to
or the partners holding the
replace strikers, in entering or
controlling interest in the case of
leaving the premises of a strike area.
partnership, vote by secret ballot on
7. Committing acts of violence,
whether to accept the reduced offer
coercion or intimidation while
of the strikers on or the 30th day of
engaged in picketing.
the lockout.
8. Obstructing the free ingress to and
egress from the employer’s premises
- When at least a majority of the board
while engaged in picketing.
of directors or trustees or the partners
9. Obstructing public thoroughfares.
holding the controlling interest in the
case of a partnership vote to accept
the reduced offer, the workers shall
Penalties for Violation
immediately return to work, and the
employer shall there upon readmit - Any person violating the prohibited
them upon the signing of the acts (A.272) shall be punished by a
agreement. fine of not less than one thousand
pesos (P1,000.00) nor more than ten
Requirement for Arrest and Detention
thousand pesos (P10,000.00) and/or
Except on grounds of national security and imprisonment for not less than three
public peace or in case of commission of a months nor more than three (3)
crime, no union members or union years, or both such fine and
organizers may be arrested or detained for imprisonment, at the discretion of the
union activities without previous court. Prosecution under this
consultations with the Secretary of Labor. provision shall preclude prosecution
for the same act under the Revised
Prohibited Acts
Penal Code, and vice versa.
1. Declaring a strike or lockout without - Upon the recommendation of the
having first bargained collectively Minister of Labor and Employment
2. Declaring a strike or lockout without and the Minister of National
complying with the legal Defense, foreigners who violate the
requirements prohibited acts shall be subject to
3. Declaring a strike or lockout after an immediate and summary deportation
assumption or certification order has by the Commission on Immigration
been issued or after the dispute has and Deportation and shall be
been submitted to permanently barred from re-entering
compulsory/voluntary arbitration or the country without the special
during the pendency of cases permission of the President of the
involving the same grounds for the Philippines.
strike or lockout;
4. Obstructing or interfering with by
force, violation, coercion, threats or Group members:
intimidation, any peaceful picketing
Abdulrahman, Raifah R.
during any labor controversy or
aiding or abetting such obstruction or Barandia, Abdelghaffar B.
interference
Bayabao, Hanna A.
5. Using or employing strike-breakers.
Ismail, Jaminah L.

Macadato, Ahmed
Polog, Roshan T.