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Aug 19, 2008

Kinds of Concerted Activities (Art. 263)
1. strikes – temporary stoppage of work by the concerted action of employees as a result of a labor or industrial dispute
  • General Strike – extends over a whole community, province, state or country; an extended form of sympathy strike, intended to put pressure upon the government or to paralyze present economic and social systems
  • Local Strike – undertaken by workers in a particular enterprise, locality or occupation
  • Sit-down Strike – when a group of employees or others interested in obtaining a certain objective in a particular business forcibly take over possession of the property of such business, establish themselves within the plant, stop its production and refuse access to the owners or to the others desiring to work
  • Slowdown – willful reduction in the rate of work by a group of employees for the purpose of restricting the output of the employer
  • Partial Strike – “quickie” strike; takes the form of intermittent, unannounced work stoppage, including slowdowns, unauthorized extension of rest period and walkouts for portions of a shift or for entire shifts
  • Primary Strike – declared by the employees who have a direct and immediate interest, whether economic or otherwise
  • Secondary Strike – coercive measures adopted by workers against an employer connected by product or employment with alleged unfair labor conditions or practices
  • Economic Strike – to force wage and other concessions from the employer, which he is not required by law to grant
  • ULP Strike – against the ULP of the employer, usually for the purpose of making him desist from further committing such practices
  • Sympathetic Strike – the strike employees have no demands or grievances of their own, but strike for the purpose of directly or indirectly aiding others, without direct relation to the advancement of the interest of the strikers
2. picketing – presence of striking workers or their union brothers who pace back and forth before the place of business of an employer
- not generally subject to injunction because a part of exercise of freedom of speech, EXCEPT if blocking the ingress to and egress from the workplace or public thoroughfare

3. lockout – temporary refusal of an employer to furnish work as a result of a labor or industrial dispute

Assumption of Jurisdiction by SOLE (Art. 263 (g))– applicable when strikes or lockout occur or is likely to occur in an industry indispensable to the national interest; SOLE may decide it or certify the same to the NLRC for compulsory arbitration; within 24 hours from knowledge

  1. enjoin the strike (automatic)
  2. if there are prohibited acts committed, SOLE may issue injunction

1. notice of strike or lockout at least 30d prior to the DOLE
- EXCEPT: if ULP, notice of 15d is sufficient; if union-busting, then no 15d cooling-off period

2. during cooling-off period, DOLE shall exert all efforts at mediation and conciliation to effect a voluntary settlement

3. 7-day strike ban is mandatory - if the strike vote was arrived at within the 30-day period, add the 7 days after the termination of such period; if it was after the 30-day period, then wait 7 days from the time strike vote was reported before going on strike

4. after lapse of period, strike or lockout may be declared
- STRIKE: approved by majority of union members by secret ballot
- LOCKOUT: approved by majority of BOD members by secret ballot

Prohibited Activities (Art. 264)
  1. strikes or lockout declared without first having bargained collectively or notice
  2. no strike or lockout after assumption of jurisdiction or after certification to the NCMB
  3. reinstatement with full backwages if worker is terminated as a consequence of unlawful lockout
  4. union officer who knowingly participates in an illegal strike or knowingly participates in commission of illegal acts during strike
  5. worker who knowingly participates in commission of illegal acts during strike may be terminated; but mere participation in illegal strike, no termination of worker
  6. obstruct, impede or interfere with by force, violence, coercion or threats or intimidation any peaceful picketing by employees, not allowed
  7. no strike-breakers
  8. police force shall keep out of the picket lines UNLESS actual violence or other criminal acts occur therein
  9. no acts of violence, coercion or intimidation or obstruct the free ingress to or engress from the employer’s premises for lawful purposes, or obstruct public thoroughfares

NOTA BENE: Third parties who are affected by commission of any prohibited acts may go to the regular courts for relief of injunction. This is the only time when the regular court may issue injunction in a labor dispute.

ADDENDUM: If the union members and employer have both committed prohibited acts during strike, they are in pari delicto and therefore, no termination but only suspension of employment.

  1. statutory prohibition
  2. procedural requirements
  3. purpose of strike (economic strikes not allowed)
  4. means and methods
  5. violation of injunction
  6. agreement of the parties
- “no-strike” provision in CBA
- But stipulation is only valid as to economic provisions, not to ULP

  • collective bargaining deadlock
  • employer’s ULP
NOTA BENE: ULP under Art. 248 is strikeable. ULP under Art. 249 is not strikeable, since it results in intra/inter-union dispute, EXCEPT termination of employee as a result of the enforcement of the closed-shop provision of the CBA.

  1. when there’s no CBA yet - bargaining deadlock with management is strikeable
  2. when there’s CBA and 3 yrs. has expired – bargaining deadlock on economic provisions is not strikeable, but ULP is strikeable
  3. 5 yrs. after CBA is entered into – bargaining deadlock is strikeable since there’s no CBA

Arrest and Detention (Art. 266)
- no union members or union organizers may be arrested or detained for union activities without previous consultation with the SOLE

  • national security
  • public peace
  • commission of a crime

- prosecutors must first secure clearance from the DOLE or Office of the President before taking cognizance of complaints for preliminary investigation and filing in court of corresponding information

- criminal cases should be suspended until the completion of the compulsory arbitration proceedings in the NLRC


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