NOTES OF ADA ABAD FOR BAR REVIEW 2013

CHART E-2: REQUISITES FOR A VALID STRIKE

Who may declare a strike or lock-out? (B5,R13, S2, IRR)

General Rule: Any certified or duly recognized bargaining representative may declare a
strike in cases of bargaining deadlocks or ULP.
Exception: In the absence of a certfied or duly recognized bargaining representative,
any legitimate labor organization may declare a strike, BUT ONLY ON THE
GROUND OF ULP

VALID PURPOSE
ONLY TWO KINDS OF
STRIKES ALLOWED:
(a) Economic strike
(b) ULP strike

LAWFUL MEANS
No

force, violence,
threat, intimidation or
coercion
in
the
conduct of a strike
No obstruction to the
free ingress to and
egress
from
the
employers premises for
lawful purposes, or to
obstruct
public
thoroughfares

What are non-strikeable

issues?
1. Violations of CBA which
are
not
gross
in
character
shall
be
resolved
via
the
Grievance Machinery;
2. Inter-union or intraunion disputes;
3. Labor standards cases
such as wage orders
4. Those issues which had
already been brought to
voluntary
or
compulsory arbitration

LIABILITIES FOR
PROHIBITED ACTIVITIES:

VIOLATIONS OF CBA NO
LONGER ULP, EXCEPT IN
CASE
OF
GROSS
VIOLATION OF ECONOMIC
PROVISIONS OF CBA

Union member: only for

prohibited acts

Loss of employment
status
Union officer: for illegal
purpose, unlawful
means/prohibited acts
and non-compliance
with procedure

PROCEDURAL
COMPLIANCE
1. Notice of Strike
2. Cooling-off period
30-days for economic strike
15-days for ULP strike
3. Strike vote
4. 7-day strike ban
If ULP on the ground of union
busting: Union may take action
immediately, but note that a
strike vote must have been
conducted and results
submitted to DOLE (Art. 263 [b];
Dept Order No. 9, Rule 22, Secs.
3 and 7)
Strike vote approved by a
majority of the TOTAL UNION
MEMBERSHIP in the bargaining
unit (hence: only members of
the majority union may vote), via
secret ballot, in a meeting or
referenda specially called for the
purpose
Lock-out vote - majority of the
Board of Directors of the
employer company, by secret
ballot in a meeting called for
such purpose