Labor

251. duty to bargain collectively . in the absence of agreement or voluntary arrangement

providing for a manner of cba, it shall be the duty of employer and the representatives of
employees to bargain collectively.

CBA involves process

Legislative- negotiation
Executive- administration of contracts
Judicial- interpretation application of contracts

Jurisdictional preconditions of cba

-possession of status of majority representation
-proof of majority representation
-demand to bargain

If an employer bargains with minority when there is majority representative, ULP. If no majority,
he is at peril, since majority may demand to negotiate.

Certification year- 12 months ff the determination and certification of employees exclusive

bargaining representative

252. duty to bargain collectively means performance of mutual obligation to meet and convene
promptly and expeditiously in good faith for purposese of negotiation of an agreement with
respect to wages hours of work and other terms and conditions of employment.

253. duty to bargain collectively when there exists a collective bargaining it means that neither
party shall not terminate nor modify such agreement during its lifetime. However either party
can serve written notice to terminate or modify agreement atleast 60 days prior to expiration
date. Parties are to maintain status quo and continue in full force and effect the terms until a
new agreement is reached by parties.

2 kinds of duty to bargain

If there is no cba- to negotiate and execute a contract if requested by either party
If there is—the article applies.

60 days is to renegotiate non representational provisions of the agreement not the 60 days
freedom period in representational provisions.

4 forms of violation of duty to bargain as ULP

Failure refusal to meet and convene
Evading mandatory subjects of bargaining
Bad faith in bargaining failure or refusal to execute a collective agreement if requested
Gross violation of the CBA
 1. To bargain in good faith not only meet and confer but to recognize the union as the
bargaining representative, in the appropriate bargaining unit
Refusal to bargain= interference with latters right of self organization
Duty is present notwithstanding cancellation of union registration

Exception to successor employer: when he makes non discriminatory personnel changes

and changes in operational structure of business, he is not bound as successor and not bound by
previous employers duty to bargain.

Acts that are not refusal to bargain:

Adoption of adamant position in good faith particularly when company operating at loss
Refusal to bargain over demands for commission of ulp
Refusal to bargain during illegal strike

There is no duty to bargain where:

No request for bargaining from union
Union seeks recognition for inappropriately large unit
Union seeks to represent persons excluded in the act
Rank and file includes supervisors
Demand for recognition made within 1 year after certification in which a clear choice was no
union.
Union makes unlawful bargaining demands

What evidence is needed to prove?

Substantial= a reasonable mind might accept as adequate to support a conclusion

2. Duty to bargain with respect to hours other terms and conditions of

employment(Mandatory) refusal of which is ULP but if the case is you cannot agree on a
mandatory subject it is ok even if u bargain in impasse so long as good faith it is ok. Duty
to bargain limited to mandatory as for other aspects he may or may not bargain. In order
to be mandatory it must significantly and materially affect the terms and conditons.
Mandatory subjects:
Wages and compensation
Working hours and days shifts
Vacation and holiday
Bonuses
Pension and retirement plans
Seniority
Transfer
Lay-offs
Employee workloads
Work and rules and regulation
Rent of company houses
 Union security arrangements
Solomonic Approach- cut in between, so that both sides are satisfied.

Impasse doesn’t mean end of bargain, just means bargaining needs the help of a third party
as conciliator or arbitrator.

3. Bargaining in bad faith- bargaining with lack of good faith

Bargaining in bad faith occurs in bargaining in process, should still be in progress.
Evidence of bad faith= delay, imposing time on negotiation
Surface bargaining- going tru negotiation without any legal intent to an agreement
Blue sky bargaining= exaggerated unreasonable proposals
Boulwarism: take it or leave it bargaining—company terms

4. Bargaining in gross violation of the Contract

There must be faithful adherence to contractual provisions if there is none ULP.

Steps in Bargaining
Ratification
Execution
Registration

1. Ratified and approved by majority workers in a bargaining unit- Mandatory

Post five days in 2 conspicuous place before ratification

Ratification not needed if product of an arbitral award but needs to be posted in two places
in workplace only for information and it needs to be registered.

Cba effective on ratification. Even unsigned by union president notwithstanding if there is

provision that it is not effective unless signed.

Unratified but implemented = VALID- cannot claim benefits under it and declare it void after

If unwritten and unsigned= VALID provision says if requested so it can be waived that a
contract may not be in writing to be executionable.

Zipper clause- both parties waive the right to demand bargaining on any matter not dealt
with in the contract regardless of whether the matter was contemplated when the contract
was negotiated or signed.

Registration requirements
Cba
 Statement that cba has been posted in 2 conspicuous place for 5 days before ratification
Statement that cba was ratified by majority of workers

Part of the duty to bargain is faithful adherence to the cba as well as to renegotiate the cba
when its about to expire.
It pertains only to renegotiable provisions, that do not pertain to identity and political status
of the bargaining union.

253-a. cba entered into has a term of 5 years. No petition questioning the majority status of
bargaining agent shall be entertained no certification election shall be conducted outside the
freedom period, all other provisions renegotiated 3 years after its execution
Any agreement on such other provisions entered 6 months before the expiration of the term,
shall retroact to th day immediately following such date. If any other entered beyond 6
months parties shall agree on the retroactivity thereof. In case of deadlock in renegotiation
of the cba, parties shall exercise rights under this code.

If cba first ever in the bargaining unit, effectivity is whatever date the parties agree on
perhaps the date negotiation started
If renegotiated- if concluded within 6 months from expiry of old one, the new effectivity starts
a day after the expiry date, if no new cba completed within 6 months, the new cba when done
will not automatically retroact, but can if negotiated by panel.

What is the date of conclusion or it was entered into?

-not signing but the date they agreed.

254. no temporary or permanent injunction/restraining order in any case involving or growing

out of labor disputes shall be issued by any court or other entity.
Injunction can happen to any illegal acts being committed in connection with labor dispute it
cannot be directed to dispute itself.

255. exclusive bargaining representation and workers participation in policy and decision
making
Designated employees shall be exclusive representative of majority in the cba,
However individual employee may present grievances to their employer
- They may form labor management council but must be elected by majority of the
employees in said establishment.
- Their participation is only insofar as grievance procedures and modes of settling disputes
and not to formulation of corporate program and policies
Enterprise level- 3 democratic devices
Airing of grievance
Participation in policy and decision making
Cba
A subgroup is appropriate if it shares substantially common concerns and interest.

Globe doctrine- desires of employees are relevant to determination of the appropriate bargaining
unit
2 companies cannot be treated as single bargaining unit because they have separate juridical
personalities
Even subsidiary companies and spun off corporations

Cbu distinct from union

c.e voters are cbu, whether union or non union
cba ratification voter are the unit, not just union members
in strike, not all of unit but only union members

256. representation issue in organized establishment

Tru a verified petition questioning the majority status of the incumbent bargaining agent filed
with dole within 60 days before expiration of cba, med arb automatically order an election by
secret ballot when supported by 25% of all employees in bargaining unit, to have valid election
atleast majority of voters must have cast their votes. Union who receive most votes shall the
certified as exclusive bargaining agent of all workers in the unit. When no choice happens not
majority of valid votes cast , run off elections shall be conducted, between 2 union with highest
number of votes provided that total number of votes for all contending unions is atleast 50% of
number of votes cast , if petition by national union, not required to disclose names of local
chapter members
After expiration of the freedom period, employer shall continue to recognize the majority status
of the incumbent bargaining agent where no petition for certification election is filed.

257. if there are no cb agent, a certification election shall automatically be conducted by med arb
upon filing of any legitimate labor organization, even a national union or federation who issued
a charter certificate to local chapter.

258. when employer may file petition, when requested to bargain collectively employer may
petition the bureau for election. If there is no existing cba in the unit, bureau orders certification
election
Certification cases decided within 20 working days
Certification election within 20 days

258. employer a bystander in cases where he filed certification election.

Participation of employer is only limited to being notified or informed of petitions of such nature
And submitting the list of employees during pre election conference shud med arb act favorably
on petition.

259. appeal from certification election orders

Any party to an election may appeal order or results of the election as determined by the med
arb directly with SOLE
Ground: rules and regulations or parts thereof established by SOLE has been violated.
Appeal to be decided in 15 calendar days

To bargain one must be legitimate labor org designated by employees in CBU.

In an unorganized establishment employer may voluntarily recognize the bargaining agent, if

there is no legal impediment, except within 12 months after a CE

In organized, no voluntary recognition petition for ce to be filed only during the freedom period
with 25% written support of employees in the bargaining unit.

Ce is needed when two or more orgs are vying for the position of EBR, but when there is one
employer is by law allowed to voluntarily recognize the union.

3 methods to determine Bargaining union

Voluntary recognition
Certification election
Consent election

1. 3 conditions are required for VR

Only in unorganized establishment
Only one union is asking for recognition
Union recognized must be majority union

If voluntary recognition is entered it is a bar for 1 year of any CE, after one year any llo may file
petition for certification.

2. Certification election – most democratic method

if voted no union, 12 months unionized

petitioner or intervenor should be LLO.

Where to file? Regional office who issued the certificate of registration

When to file? If no cba anytime outside of the 12 month bar . if cba, the freedom period

Grounds on action of the petition

Non appearance for 2 consecutive conference
Illegitimacy- unregistered union
Illegitimacy- no charter
Absence of EER
Election bar 12 month bar
Election bar- deadlock- should be genuine not drama(artificial)
Existing cba- cannot apply if defective cba------ and lack of support(25%)
Fly by night union- one who files then approaches the target enterprise with a proposition that
in exchange for something they will not pursue the CE.

If there is failure of election- pce can be filed within 6 months

Parties can renegotiate cba even if there is representational dispute

Cannot be appealed granting of ce in unorganized, law wants the unionized to unionize

Appealable- order granting ce in organized, dismissal or denial of petition whether org or unorg
is appealable to SOLE within 10 days from receipt.

Conduct of CE
Pre election conference- raffle of case within 24 hrs from receipt of the notice or entry of final
judgment
Cause the issuance of pre election conference
Set the date time, place which is not later than 45 days from date of first conference\
List of eligible and challenged voters
Number and location of polling places
Names of watchers and representatives

Failure to appeal- waiver of right to be heard

Minutes of pre election conference
Notice- 10 days before election date, in 2 conspicuous places

Who will vote? All members in the CBU, from employer certified list of emplpyees
A dismissed employee who contested legality of dismissal a valid voter
Even probationary employees

3. Consent elections voluntarily agreed upon by parties w w/o intervention of dept

Cbr may represent retired employees who were former members to prosecute their
claim, they retain status of employee entitled to protection of the labor code.

260. grievance machinery and voluntary arbitration parties shall include in the agreement that
will ensure mutual observance of terms and conditions. They shall establish machinery for
adjustment and resolution of grievances arising from interpretation and implementation of their
CBA and those from interpretation or enforcement of company personnel policies. Grievances s
not settled with 7 calendar days from submission shall be referred to voluntary arbitration in the
CB. Parties shall name in advance and designate voluntary arbitrator or panel of voluntary aror
include procedure for their selection. If it fails board shall designate one or many as necessary

Contract administration part of the duty to bargain.

Unilateral formulation of rules and policy cannot contradict nor undermine the cba provisions.
Proposal in minutes not in the CBA itself
Labor contract not binding on transferee of an enterprise it being in personam
Exceptions: if colored with bad faith

Wiley doctrine: disappearance by merger of a corporate employer who entered cba does not
terminate all rights, even if merger is genuine. A duty to arbitrate arising from cba survives.

By passing the grievance machinery ULP

Criteria for accreditation as VA

Filipino citizen residing in Ph
Holder of BS Degree in applied or behavioral science
5 year experience in labor management relations
Completion of training course provided for by the Board

How chosen? By the parties.

261. jurisdiction of Va Or Panel of VA

Orig juris to hear and decide all unresolved grievances arising from the interpretation or
implementation of the CBA, and those from interpretation or enforcement of company personnel
policies. Violations of the CBA not gross in character – gross= these are flagrant and malicious
refusal to comply with the economic provisions of such agreement. The commission regional
directors shall not entertain disputes over original jurisdiction of the VA and shall immediately
refer it to Grievance machinery or va as provided for in the CBA.

262. va or pva upon agreement of parties shall also decide other labor disputes and including ulp
and bargaining deadlocks.

Unresolved grievances arising from interpretation or implementation of cba.

Arbitrable disputes : contract negotiation arbitration of interest

Contract interpretation disputes arbitration of rights

Money claims and retirement benefits

Termination disputes
Cba violations not constituting ulp

Its ulp if : gross violation of the cba, violation to economic provisions

How voluntary arbitration is initiated, either by submission- no agreement to arbitrate

Demand notice invoking cba arbitration clause

Submission agreement – extent of arbitrators authority

Arbitrator can assume that he has nec power to make final settlement.
Source of arbitrator power in cba is dispute clause

He cannot add or subtract from the agreement in the contract

Arbitral award does not draw its essence from cba :
If there is unfounded reason and fact
Unconnected with wording and purpose of agreement
Without factual support in view of its language, context and intetion of parties
Ignores or abandons the plain language of contract
Mistakenly based on a crucial assumption which concededly is non fact
Unlawful, arbitrary or capricious
Contrary to public policy.

262. procedure va o pva shall have the power to hold hearings, receive evidence and take
whatever action is needed to resolve the issue, including effecting a voluntary settlement.
Parties are entitled to attend arbitration.attendance and exclusion of third parties and witnesses
shall be determined by voluntary arbitrator. Hearing may be adjourned for cause or upon
agreement of parties. Unless there is agreement it shall be mandatory for va to render a award
within 20 calendar days.
Award are final after 10 days from receipt of the award or decision
No va or unavailable, panel of va may issue writ of execution to sheriff of comm regular court or
any public official whom parties may designate in the submission agreement to execute final
decision order or award.

If arbitration is needed before court action, then it must be followed. But they may be waived by
parties

What are the procedures used?

Labor code, implementing rules and cba agreements of the parties,directives of arbitrator.
Exceptions:rule 65- to SC

Appeal what mode: 43 – quasi judicial this is from va to ca

Finding of va great respect by the courts, they have to be supported by substantial evidence.

262-b. cost of VA parties to the cb shall provide for proportionate sharing scheme on cost of va
including the fee of arbitrator.
What subsidizes it? SPECIAL VOLUNTARY ARBITRATION FUND
ON THE NATURE OF THE CASE
TIME CONSUMED
PROFESSIONAL STANDING OF VA
CAPACITY TO PAY OF THR PARTIES
FEES PROVIDED ON THE REVISED RULES OF COURT

263. strikes pickets and lockout

Policy of the state to encourage free trade unionism and free collective bargaining.

Workers shall have the right to engage in concerted activities for purposes of cb, or for mutual
benefit and protection, the right to LLO, to strike and picket and of employers to lockout
consistent with national interest shall continue to be recognized and respected. No labor unuin
may strike and no employer may declare a lockout on grounds involving inter union and intra
union disputes

In case of bargaining deadlock the duly certified recognized agent may file a notice of strike or
the employer may file a notice of lockout with the labor department 30 days before intended
date thereof
In cases of ulp,period is 15 days, and in absence of certified agent the notice of strike may be filed
by legitimate labor org, in behalf of its members
In case of dismissal from employment of union officers duly elected in accordance with union
constitution and by laws which constitutes union busting, where existence of union is threatened
the 15 day cooling period shall not apply union may take action immediately.

The notice must be in accordance with such implementing rules and regulations, as the minister
of labor and employment may promulgate.

During the cooling off period, it shall be the duty of ministry to exert all efforts at mediation and
conciliation to effect voluntary settlement should dispute remain unsettled until lapse of the
period, the union may strike or employer may implement lock out

Decision to declare strike must be approved by majority of the total union membership in the
bargaining unit concerned, obtained by secret ballot in meeting or referenda called for that
purpose, a decision to declare lockout must be approved by majority of the board of directors,
obtained by secret ballot, in a meeting called for that purpose. Decision shall be valid for duration
of the dispute, based on substantiality, the same grounds considered when the strike or lockout
vote was taken. The department may supervise, on its own initiative or upon request of parties
the conduct of secret balloting, union or employer shall furnish the dep the results of the voting
atleast 7 days before the intended strike or lockout, subject to cooling off period.

When there exist a labor dispute causing or likely to cause a strike or lockout in an industry
indispensable to the national interest, the sole, may assume jurisdiction, over dispute and decide
it or certify the same to comm, for compulsory arbitration, assumption or certification shall have
the effect of automatically enjoining the intended or impending strike or lockout, as specified in
the assumption or certification order. If one has taken place at time of assumption, all striking or
locked out emoployees shall immediately return to work and employer shall immediately resume
operations and re admit all workers under the same terms and conditions prevailing before strike
or lockout. Sole may seek assistance of law enforcement agencies to ensure compliance with this
provision as well as with other such orders he may issue to enforce the same.
In line with the national concern and highest respect accorded to right of patients to life and
health, strikes and lockout in hospitals, clinics and similar medical institutions, shall to every
extent possible, be avoided, and all serious efforts by labor and management but government as
well be exhausted, to minimize or prevent their adverse effects on such life and health, it shall
be the duty of the striking union, or locking out employer to provide and maintain, an effective
skeletal workforce of medical and other health personel whose movement and services shall be
unhampered as are nec to insure proper and adequate protection of life and health of patients,
most especially in emergency cases, in such case sole is mandated to assume within 24 hours
from knowledge, jurisdiction over the same or certify it to com for compulsory arbitration,
contending parties are enjoined to strictly comply with such orders, prohibitions and injunctions
as are issued by sole, under the pain of immediate disciplinary action, including dismissal or loss
of employment status, or payment by the locking out employer of backwages, damages and
reliefs, even criminal prosecution against both of them

The president of Ph shall not be precluded from determining industries that in his opinion are
indispensable to national interest, and from intervening at any time and assuming jurisdiction
over any such labor dispute in order to settle or terminate the same,

Before any stage of compulsory arbitration the parties may submit their dispute on voluntary
arbitration

Sec of labor, comm or va, shall decide and resolve dispute within 30 calendar days, from date of
assumption, or certification or submission to dispute, as the case maybe the decision of the
president sec the com or va, shall be final and exec 10 calendar days after receipt thereof by
parties,

264. prohibited activities

No labor org or employer shall declare strike or lockout without first having bargained collectively
or without having first filed the notice required in preceeding article, or without the nec lockout
vote first having been obtained and reported to the ministry,
No strike or lockout shall be declared after assumption of jurisdiction by president or sole, or
after certification or submission of the dispute to compulsory or voluntary arbitration during the
pendency of cases involving grounds for lockout or strike.
Any worker whose employment has been terminated as a consequence of an unlawful lockout
shall be entitled to reinstatement with full backwages. Any union officer who knowingly
participates in an illegal strike and any worker or union officer who knowingly participates in
illegal activities during strike may be declared to have lost his employment status, provided that
mere participation of a worker in a lawful strike shall not constitute sufficient ground for
termination of his employment even if replacement had been hired by employer during such
lawful strike.

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 of self organization or cb, or shall aid or abet obstruction or interference.
No employer shall use or employ any strike breaker nor shall any person be employed as a strike
breaker.

No public official or employee including officers and personnel of armed forces, or police, or
armed person shall bring in, introduce or escort in any manner any individual who seeks to
replace strikers, in entering or leaving the premises of strike area, or work place in place of
strikers, the police shall keep out of the picket lines unless actual violence or other criminal acts
occur therein, they are not prevented from taking any measure nec to maintain peace order,
protect life and property, or enforce law or legal order.

No person engaged in picketing shall commit any act of violence, coercion or intimidation or
obstruct free ingress or egress from the employers premises for lawful purposes or obstruct
public thoroughfares.

265. improved offer balloting

In an effort to settle a strike, dole shall conduct a referendum by secret ballot on the improved
offer of the employer on or before the 30th day of strike. When majority of union members vote
to accept the improved offer , striking workers shall immediately return to work and employer
shall readmit them upon signing agreement
. in case of lockout, dole shall also conduct a referendum by secret balooting on the reduced
offer, on or before 30th day of lockout, atleast majority of board of directors vote to accept offer.
The workers shall immediately return to work and employer shall thereupon re admit them upon
signing of the agreement.

State guarantee the right of all workers to self organization, cb and negotiations and peaceful
concerted activities, including the right to strike, in accordance with law.

Concerted- planned and accomplished by people acting together.

But individual may be deemed engaged in concerted activity, employee seeking to induce group
activity, or representative of atleast one other employee. Preparing leaflet to distribute to other
employees about needed improvements and need for union, is concerted activity.

By jurisprudence- concerted activity is one undertaken by two or more employees or by one on

behalf of the other even a conversation including only speaker and listener is concerted if it has
relation to group action in the interest of employees.

Strike is a cessation of work by employees in an effort to get more favorable terms for
themselves, or as concerted refusal by employees to do any work for their employer or to work
at their customary rate of speed until object of strike is attained by the employer granting the
demanded concession.

Strike may be held on: cba deadlock, or ulp of employer.

A strike has ff characteristics:
There must be an established relationship between the strikers and the person or persons against
whom the strike is called

Relationship must be one of employee and employer

Existence of a dispute between parties use of labor the weapon of a concerted refusal

Contention advanced by workers that work ceases, the employment continue albeit in a state of
belligerent suspension

There is work stoppage, which stoppage is temporary

The work of stoppage is done through concerted action of the employees

The striking of a group is a legitimate labor organization, in case of bargaining deadlock is the
employees sole bargaining representative.

A strike is to compel company engaged in profitable business to accede to their demands, a

profitable business cannot have impairment of production and interruption of activies, much less
paralyzed.

Lockout means temporary refusal of any employer to furnish work as a result of an industrial or
labor dispute,

Requisites: notice of intention to declare lockout with the dole

30 days has elapsed since filing of notice
Impasse has resulted in negotiations
Lockout not discriminatory

Lockout valid:
In anticipation of threatened strike where motivated by economic considerations
In response to unprotected strike or walkout
In response to whipsaw strike

Unlawful when:
Discourage and dissipate membership in a labor organization or kill the union
To aid particular union by preventing further organizational work of its rival to coerce the
employees to join the favored union
To avoid bargaining
It is unlawful when it is declared to defeat organizational and bargaining rights

Kinds of strike
General strike
Local
Strike power
Sit down strike
Partial or quickie strike
Primary strike
Secondary
Sympathetic strike
Economic strike
Unfair labor practice strike

General strike- extends over a whole community province state or country it involves workers
who cease to work in sympathy with workers of another employer or in order to put pressure
upon the government in order to paralyze economic and social systems

Local strike- one undertaken by workers in a particular enterprise locality occupation , one union
or one industry

Sit down strike- when a group of employees or others interested in obtaining 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 owners or others desiring
to work- it’s a strike plus refusal of strikers to leave the property of employer

Slowdown- is willful reduction in rate of work by group of employees for that purpose of
restricting output of the employer.

Partial strike- quickie strike takes the form of intermittent unannounced work stoppages
including slowdowns unauthorized extension of rest periods, and walkouts for portions of a shift
for entire shifts. (Illegal)

Wildcat strike- stoppage of work that violates the labor contract not authorized by union

Primary strike- is one declared by employees who have a direct and immediate interest whether
economic or otherwise, in the subject od dispute which exists between them and their employer.
Example is employee who strike for raise of their wages,

Secondary strike- refers to coercive measure adopted by workers against an employer connected
by product or employment with alleged unfair labor practice, occurs when group of employees
refuse in concert to remain at work for an emplopyer not because of him but because he persists
to deal with a third person against whom they have a grievance.

Economic strike(bargainable strike)- is intended to force wage and other concessions from the
employer which by law he is not required to grant
Unfair labor practice strike- against the ulp of the employer, usually from making him desist from
such practices, strike for mutual protection

Valid strike needs labor dispute

It is any controversy concerning terms and conditions of employment, or the association or
representation of persons in negotiating, fixing maintaining changing or arranging terms and
conditions of employment, regardless whether the disputants stand in the proximate relation of
employer and employee.

Sympathetic strike(illegal)- have no demands or grievances but strike for the purpose of directly
and indirectly aiding others without direct relation to the advancement of the interest of the
strike.

Peoples strike(illegal)

An issue awaiting resolution in arbitration whether compulsory or voluntary cannot serve as basis
of strike.

Premature strike
It was declared without giving the board of directors time to act on demands of the union that
the officials to whom it was submitted could not take action.
Going on strike knowing demand cannot be acted upon yet because absence of president
Going on strike without the fiscals investigation of the case,

Strike is not subject to labor injunction or restraining order

Employees may not be discriminated against merely because they have exercised the right to
strike
Use of strike breakers prohibited
Mere participation does not severe employment relationship.

Peacekeeping details should be outside a 50 meter radius from picket line

It is not prohibited for a worker to work in place of a striker but is if he is escorted by police or
armed person

The declaration of strike does not amount to renunciation of employment relation, it continues
despite work stoppage. It is suspended. He is not entitled to wage during strike.

*****Illegal strike
-One which is contrary to prohibition of law- like government or public teachers
-Violates specific requirement of law(notice, cool off period, strike vote 7day duty vote
report)deemed to have lost their employment status in case of failure
-Declared for an unlawful purpose, such as inducing employer to commit ulp against a non union
employee
-Employs unlawful means in pursuit of objectives
-Declared in violation of existing injunctions
-Contrary to existing agreement, such as no strike clause
-procure commission of unlawful act
-to compel an employer to join a boycott
-overthrow a government

Who may strike? Only registered labor org, the cb agent, if no agent, the notice maybe filed by
unrecognized labor union , provided registered.

Cooling off period 30 days in deadlock 15 in ulp , union busting no days but 7 day strike ban
should be complied with
Notify the ncmb 24 hrs before the conduct of a strike vote meeting, 7 days should be given to
report the strike vote to ncmb, in order for them to verify such
If strike vote filed within the cooling off period 7 days shall be counted from the expiration of
such

Chronology- notice of strike- cooling of period 30 days if deadlock 15 days ulp, union busting 0
days0 but 7 day no strike ban complied with- strike vote inform 24 hrs before ncmb- strike vote
report 7 days- then declaration of strike

Declaration of strike or lockout- the ncmb shall continue mediating and conciliating ,

Strike on installment, overtime boycott/work slowdown amounts to illegal strike

Union busting – when union officers are being dismissed

Those officers are duly elected
The existence of union is threatened
In this no cooling off period, but union must still file notice of strike, take a strike vote and submit
a vote report- these are mandatory

Dismissal of employees during conciliation possible if it is in violation of direct orders of the

employer, these can be sanctions and suspensions

CONVERSION DOCTRINE- a strike may start economic then become ulp or vice versa
A strike is is initiated over bargaining demands, then employer commits ulp,

Legality of strike not dependent upon ability of management to grant demands

2 tests to determine ulp strike

When strike is declared in protest of ulp which is found to have been committed
When strike declared in protest of what the union believed to be unfair labor practice commited
by management and circumstances warranted such belief in good faith
Even if there is no ulp commited if employees belive in good faith there was strike is ok, but needs
rational basis and must follow procedural requirements

Actual participation in strike is needed, but if you voted for strike and didn’t participate. You
cannot be liable for illegal strike

No strike clause of cba, applicable only to economic strikes

Strike for lawful purpose- strike to compel recognition of bargaining with majority union- plus
rbargaining in bad faith

Unlawful- strike for union recognition without having proven majority status
Strike held to compel recognition while case is unresolved , trivial unjust and unreasonable

Minority union cannot strike- because no labor dispute can exist between the two, cannot even
demand cb, much more strike
However It can file peaceful concerted activity and file ulp.
Strike to compel removal of an employee unlawful- implied assertion of union infallibility
Cannot strike if non strikeable issue re physical rearrangement of office
Sales evaluation policy is also non strikeable
Non strikeable wage distortion under wage rationalization act
Non strikeable interunion and intraunion dispute

Even if purpose of strike is valid, it may be invalid where the means employed are illegal. This
means use of violence, intimidation restraint or coercion.

Officials inability to leave premises not illegal detention

Blockade or obstruction, these are nuisances which local government authorities can summarily
remove.
Obstructions to entrance or exit of a private company during a labor dispute may be removed
upon orders of the SOLE, NLRC or its branches. Removal to be done by police authorities.

National interest cases- injunction

Automatic injunction and return to work

What are national interest cases? They are defined by statutory declaration like
Banking industry as per general banking law
***Assumption of jurisdiction of the sec does not need prior notice and is constitutional – it does
need a strike only an industrial dispute
Jurisdiction over said labor dispute must include and extend to all questions and controversies
arising therefrom including cases which LA has jurisdiction
Assumption order regulates management prerogatives
But he can also commit grave abuse of discretion- when he impose something the union did not
ask for
When he excludes workers from re admission

DEFIANCE TO CERTIFICATION OF SOLE deemed illegal committed in the course of strike or lockout
Assumption or certification order immediately effective even without return to work order .
strike becomes illegal
It is executory however needs the parties to be duly notifed thereof.
Refusal to receive rtwo (24 hrs) is defiance of order of the sole, makes strike illegal

When a workers defies a rtwo, he is deemed to have abandoned his job. Due process must be
observed.
When they return they should be returned to the last terms and conditions existing before the
dispute arose.

Can company accept workers with pending criminal charges?

Yes but must determine if they knowingly commited illegal acts

Re admission to work is actual not payroll readmission.

Voluntary return to work is not waiver of original demands

A cba contains no strike/ no lockout clause- should be threshed at VA not strike. It covers only
economic strike thus ulp strike is not covered and workers may go on strike despite the no strike
provision. However in some cases, they ruled that no strike is a contractual commitment

There is primacy of voluntary arbitration over assumption of jurisdiction

No strike clause not binding upon newly certified bargaining agent.

If members disregard a no strike clause union may be liable
No violation if work stoppage not initiated or supported by union
No strike is inferable from cba establishing arbitration as means of settling disputes

Picketing- Involves the presence of striking woerkers or union who pace back and forth before
the place of business of an employer considered unfair to organized labor.- should be done within
the bounds of law.
There can be picketing without dispute as an exercise of freedom of expression.

Moving picket- right one of passage, a pedestrian right

Picketers will be liable to innocent bystanders if they prevent employees from getting in and out
of the rented premises
Picketing may be an obstruction and the courts agree that it would be a nuisance – to free use of
property
Picketing at home unlawful
If accompanied with violence force intimidation threats coercion or force picketing is unlawful
Untruthful picketing unlawful picketing and is enjoinable even though purpose is valid
Discourteous and impolite language not ground for damages

Other concerted activities

Collective letters informal action participated by atleast 2 employees for mutual protection,
through a letter published and signed by them

Publicity- member of union make known the facts of a labor dispute,handbill newspaper

Placards and banners- provided not libelous

Wearing of armbands- not valid ground for dismissal

Speeches music broadcasts

Picket against police abuse – valid exercise of their freedom of expression and their right to
assembly or petition for redress or grievances.

Rallies are illegal strike

Boycott combination to harm one person by coercing the others to harm him, an attempt by
arousing fear and loss to coerce others against their will to withhold from one denominated
unfiriendly to labor their beneficial business intercourse

Kinds of boycott
Primary boycott applied directly alone to the offending person from him all business relations on
the part of the organization that initiated the boycott

Secondary- combination to refrain from dealing with a person, coercive pressure customers
actual or prospective in order to cause them to withhold or withdraw patronage

Lawful when for lawful purposes

Unlawful if to coerce employer to do something

Overtime boycott and work slowdown may amount to illegal strike .

Slowdown- retard production and distribution in an effort to compel compliance by employer
with the labor demands made upon him, strike on installment , it is preliminary to strike

266. requirement for arrest and detention, except on ground of national security and public
peace or in case of commission of a crime no union member or union organizers may be arrested
or detained for union activities without previous consultation with labor sec

Criminal case should be suspended until completion of the compulsory arbitration

Strikers retention to employment