Strikes, Picketing
and Lock-Outs
[The State] shall guarantee the rights of all workers to xxx
peaceful concerted activities, including the right to strike in
accordance with law
Basis
• [The state] shall guarantee the rights of all workers to self-organization,
collective bargaining and negotiations, peaceful concerted activities, including
the right to strike in accordance with law [Const. Art. XIII §3].
• No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the
government for redress of grievances [Const. Art. III §4].
• Workers shall have the right to engage in concerted activities for purposes of
collective bargaining or for their mutual benefit and protection. The right of
legitimate labor organizations to strike and picket and of employers to lockout,
consistent with the national interest, shall continue to be recognized and
respected. However, no labor union may strike and no employer may declare a
lockout on grounds involving inter-union and intra- union disputes [Labor Code
Art. 278 (b)].
Concerted Activity
• Definition: A concerted activity is one undertaken by two or more
employees to improve their terms and conditions of work.
• Limitation: Must be in accordance with law
• The strike is a powerful weapon of the working class. Precisely because
of this, it must be handled carefully, like a sensitive explosive, lest it
blow up in the workers’ own hands. Thus, it must be declared only after
the most thoughtful consultation among them, conducted in the only
way allowed, that is, peacefully, and in every case conformably to
reasonable regulation. Any violation of the legal requirements and
strictures will render the strike illegal, to the detriment of the very
workers it is supposed to protect. [Batangas Laguna Tayabas Bus Co. v
NLRC, 1992]
Concerted Activity
• Forms:
• Employees/Labor Organization
• Strike
• Picket
• Employer’s Response to Concerted Activities
• Lockout
Strike
• Definition: Any temporary stoppage of work by the concerted action of
employees as a result of an industrial or labor dispute. [Art. 219(o)]
• The term “strike” shall comprise not only concerted work stoppages,
but also slowdowns, mass leaves, sit-downs, attempts to damage,
destroy or sabotage plant equipment and facilities, and similar
activities.
• Important Notes:
• Coercive measure
• No severance of employer-employee relationship during the lawful strike
• No work no pay
Forms of Strikes
• As to legality
① Legal
② Illegal
Note: Effect of Illegality / Liability of participating employees depends on
whether they are ordinary union members or officers
• As to grounds
① Economic
② ULP strike
Note: It is possible for a strike to change its character from an economic to
a ULP strike.
Forms of Strikes
• As to how committed
① Slowdown strike
② Wild-Cat strike
③ Sit-down strike
④ Sympathetic strike
⑤ Mass leave
As To The Employer Directed Against
① Primary strike
② Secondary strike
③ Sympathy strike
④ General strike
⑤ Particular strike
Picket and Lockout
• The right of legitimate labor organizations to strike and picket and of
employers to lockout, consistent with the national interest, shall
continue to be recognized and respected. [Art. 278 (b)]
• Peaceful Picketing is the right of workers during strikes consisting of
marching to and fro before an establishment involved in a labor dispute
generally accompanied by the carrying and display of signs, placards
and banners intended to inform the public about the dispute.
[Guidelines Governing Labor Relations, October 19, 1987] [NCMB
Manual, §1]
• Lockout is the temporary refusal of an employer to furnish work as a
result of an industrial or labor dispute. [Art. 219 (p)]
Strike
• Requisites of a Valid Strike
1. Valid Ground
o Bargaining Deadlock
o ULP
Note: No strike can be declared on the following:
Ground is an inter-union or intra-union dispute
No notice of strike
No strike vote obtained and reported to the NCMB
After assumption or certification by the SoL
Wage distortion
Note: A “no strike, no lock-out” is a valid provision in the CBA. However, it only applies
to economic provisions. It cannot prevent a strike which is grounded on unfair labor
practice. [Phil. Metal Foundries vs. CIR, 90 SCRA 135]
Strike
2. Observance of Procedural Requisites
oEffort to bargain
oFiling and service of notice of strike
oObservance of cooling-off period
oStrike vote
oStrike vote report
oObservance of the waiting period
3. It should be staged by a certified or duly recognized collective
bargaining representative, whether an economic or ULP strike. In the
absence of a duly certified or recognized collective bargaining
representative, a legitimate labor organization in the establishment can
declare a strike but ONLY on grounds of ULP. In short, employees of
establishments without unions cannot strike.
Strikes – Procedural Requirements
1. Effort to bargain
•No labor organization [...] shall declare a strike [...] without first having
bargained collectively in accordance with Title VII of this Book [...] (Art.
279(a))
•In case of bargaining deadlocks, the notice shall, as far as practicable,
further state the unresolved issues in the bargaining negotiations and be
accompanied by the written proposals of the union, the counter- proposals of
the employer and the proof of a request for conference to settle differences.
In cases of unfair labor practices, the notice shall, as far as practicable,
state the acts complained of, and efforts taken to resolve the dispute
amicably. [Rule XXII, Section 4, Omnibus Rules Implementing the Labor
Code]
Strikes – Procedural Requirements
2. Filing and service of NOTICE OF STRIKE
• Bargaining deadlocks – 30 days before the intended date of strike
• ULP – 15 days before the intended date of strike
Action on Notice
• Upon receipt of a valid notice of strike or lockout, the NCMB, through its
Conciliator-Mediators, shall call the parties to a conference the soonest
possible time in order to actively assist them to explore all possibilities for
amicable settlement.
• The Conciliator-Mediator may suggest/offer proposals as an alternative
avenue for the resolution of their disagreement/conflict which may not
necessarily bind the parties.
• If conciliation/mediation fails, the parties shall be encouraged to submit
their dispute for voluntary arbitration.
Strikes – Procedural Requirements
3. Observance of the COOLING OFF PERIOD
• Bargaining deadlock – 30 days
• ULP but not union busting – 15 days
• ULP and union busting – no cooling- off period
Purpose: To provide an opportunity for mediation and conciliation.
4. Conduct of STRIKE VOTE
Requirements for a declaration of a strike in a strike vote
• approval by a majority of the total union membership in the bargaining nit
concerned
• approval is obtained by secret ballot in a meeting/referendum called for
the purpose
Strikes – Procedural Requirements
5. Submission of STRIKE VOTE REPORT
Regardless of the ground, shall furnish the Department the results of the voting at least
7 days before the intended strike, subject to the cooling-off period herein provided.
[Art. 278 (f)]
6. Observance of 7-DAY WAITING PERIOD (aka STRIKE BAN)
The 7-day period reckoned from the submission of the strike vote report. Purpose:
To provide opportunity for the members of the union or the management to
take the appropriate remedy in case the strike or lockout vote report is false or
inaccurate.
To give the DOLE an opportunity to verify whether the projected strike really
carries the imprimatur of the majority of the union members.
Lockout
Requisites of a Valid LOCKOUT
① Valid Ground
o Bargaining Deadlock
o ULP of labor organizations
② Observance of Procedural Requisites
o Effort to bargain
o Filing and service of notice of lockout
o Observance of cooling-off period
o Lockout vote
o Report of lockout vote
o Observance of the waiting period
Lockout – Procedural Requirements
1. Effort to bargain
•No labor organization shall declare a lockout without first having
bargained collectively in accordance with Title VII of this Book.
2. Filing and service of NOTICE OF LOCKOUT
• Bargaining deadlocks – 30 days before the intended date of lockout
• ULP – 15 days before the intended date of lockout
3. Observance of COOLING OFF PERIOD:
• bargaining deadlock – 30 days
• ULP – 15 days
Lockout – Procedural Requirements
4. Conduct of LOCKOUT VOTE
A decision to declare a lockout must be approved by a majority of the
board of directors of the corporation or association or of the partners in a
partnership, obtained by secret ballot in a meeting called for that
purpose
5. Submission of LOCKOUT VOTE REPORT
Regardless of the ground, shall furnish the Department the results of the
voting at least 7 days before the intended lockout, subject to the cooling-off
period herein provided.[Art. 278 (f)]
6. Observance of 7-DAY WAITING PERIOD
PICKETS
Prohibited activities in picketing
•By any person. No person shall obstruct, impede, or interfere with, by
force, violence, coercion, threats or intimidation, any peaceful picketing by
employees during any labor controversy or in the exercise of the right to
self- organization or collective bargaining, or shall aid or abet such
obstruction or interference. [Art. 279 (b)]
•By police force. The police force shall keep out of the picket lines unless
actual violence or other criminal acts occur therein: Provided, That nothing
herein shall be interpreted to prevent any public officer from taking any
measure necessary to maintain peace and order, protect life and property,
and/or enforce the law and legal orders. [Art. 279 (d)]
PICKETS
• By person engaged in picketing. No person engaged in picketing
shall commit any act of violence, coercion or intimidation or obstruct
the free ingress to or egress from the employer’s premises for lawful
purposes, or obstruct public thoroughfares. [Art. 279 (e)]
• In general, picketing is part of freedom of speech/expression
• Peaceful picketing is legal even in the absence of employer-employee
relationship
Assumption or Certification Order
Effect(s)
(1)Automatic injunction of intended or impending strike or lockout
A strike undertaken despite the issuance by the Secretary of Labor of an
assumption or certification order becomes a prohibited activity and thus,
will be considered an illegal strike/lockout.
(2) Return-to-work and re-admission of workers, if there’s already strike or
lockout
(3) Immediately executory
LIABILITIES & PENALTIES
UNION OFFICERS
•Any union officer who knowingly participates in an illegal strike and any
worker or union officer who knowingly participates in the commission of
illegal acts during a strike may be declared to have lost his employment
status. [Article 279(a)]
•N o t e : Mere participation in an illegal strike by a union officer is
sufficient ground to terminate his employment. In case of a lawful strike,
the union officer must commit illegal acts during a strike for him to be
terminated. [Article 279(a)]
LIABILITIES & PENALTIES
UNION EMPLOYEES
•General rule: Participation by a worker in a lawful strike is not ground for
termination of his employment. [Article 279(a)]
•Exception: When the worker participated in illegal acts during the strike.
•When the strike is or becomes illegal, the workers who participate in it are
not deemed to have lost their employment status. Only the union officers
are deemed to have lost their employment status.
EMPLOYER
Any worker whose employment has been terminated as a consequence of
any unlawful lockout shall be entitled to reinstatement with full backwages.
LIABILITIES & PENALTIES
Stricter penalties for non-compliance with orders, prohibitions, and/or
injunctions issued by the Secretary of Labor in strikes involving
hospitals, clinics, and similar medical institutions
•Immediate disciplinary action against both union and employer
•Dismissal/loss of employment for members of the striking union
•Payment by employer of backwages, damages, and other affirmative relief
•Criminal prosecution against either or both the union and employer
