STRIKE AND LOCKOUT

Constitutional Guidepost

1. Par (b) Sec. 3, Art. XIII, 1987 Consti.

It shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance with
law..

2. Sec. 4 Art. III 1987 Consti.

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.

Statutory Guidepost

1. ILO Convention No. 87

2. Art. 263
- 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.

1. FORMS OF CONCERTED ACTIVITIES.

There are three (3) forms of concerted activities, namely:

1. Strike;

2. Lockout; and

3. Picketing

DEFINITIONS

Strike - any temporary stoppage of work by the concerted action of the employees as a result of
an industrial or labor dispute.

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

Picketing is the act of workers in peacefully 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.
Forms and classification of strikes.

A strike may be classified:

1. As to nature:

a. Legal strike - one called for a valid purpose and conducted through means allowed by
law.

b. Illegal strike - one staged for a purpose not recognized by law or, if for a valid purpose, it
is conducted through means not sanctioned by law.

c. Economicstrike-
onedeclaredtodemandhigherwages,overtimepay,holidaypay,vacationpay,etc.Itisone which
is declared for the purpose of forcing wage or other concessions from the employer for
which he is not required by law to grant.

d. Unfair labor practice (ULP) or political strike - one called to protest against the
employers unfair labor practices enumerated in Article 248 of the Labor Code, including
gross violation of the CBA under Article 261 and union- busting under Article 263(c) of the
Labor Code.

e. Slowdownstrike-
onestagedwithouttheworkersquittingtheirworkbutbymerelyslackeningorreducingtheir normal
work output. It is also called a strike on the installment plan.

f. Mass leaves - One where the employees simultaneously filed leaves of absence based on
various reasons such as, inter alia, vacation and sick leaves.

g. Wildcat strike - one declared and staged without the majority approval of the
recognized bargaining agent.

h. Sitdown strike - one where the workers stop working but do not leave their place of work.

i. Overtime boycott one involving the act of the workers in refusing to render overtime
work in violation of the CBA, resorted to as a means to coerce the employer to yield to their
demands.
 j. Boycott of products one which involves the concerted refusal to patronize an
employer's goods or services and to persuade others to a like refusal.

k. Attempts to damage, destroy or sabotage plant equipment and facilities and similar
activities;

l. The sporting by the workers of closely cropped hair or cleanly shaven heads after
their union filed a
notice of strike as a result of a CBA deadlock is a form of illegal strike.1

2. As to coverage:

a. General strike one which covers and extends over a whole province or country. In this kind
of strike, the employees of various companies and industries cease to work in sympathy with
striking workers of another company. It is also resorted to for the purpose of putting pressure on
the government to enact certain labor- related measures such as mandated wage increases or to
cease from implementing a law which workers consider inimical to their interest. It is also mounted
for purposes of paralyzing or crippling the entire economic dispensation.

b. Particular strike one which covers a particular establishment or employer or one industry
involving one union or federation.

3. As to purpose:

a. Economic strike.

b. Unfair labor practice strike or political strike.

4. As to the nature of the strikers action:

a. Partial strike one which consists of unannounced work stoppages such as slowdowns,
walkouts or unauthorized extension of rest periods.

b. Sit-down strike.

c. Slowdownstrike.

5. As to the extent of the interest of strikers:

a. Primary strike refers to a strike conducted by the workers against their employer,
involving a labor dispute
 directly affecting them.

b. Secondary strike

c. Sympathystrike

1. WHO MAY DECLARE A STRIKE?

Only a legitimate labor organization may declare a strike.

1. REQUISITES FOR A VALID STRIKE.

a. Procedural but mandatory requisites.

In accordance with Article 263 and pertinent prevailing jurisprudence, a strike, in order to be valid
and legal, must conform to the following procedural requisites:

1. It must be based on a valid and factual ground;

2. A notice of strike must be filed with the NCMB-DOLE;

3. A notice must be served to the NCMB-DOLE at least twenty-four (24) hours prior to the taking
of the strike vote by secret balloting, informing said office of the decision to conduct a strike vote,
and the date, place, and time thereof;

4. A strike vote must be taken where a majority of the members of the union obtained by secret
ballot in a meeting called for the purpose, must approve it;

5. A strike vote report should be submitted to the NCMB-DOLE at least seven (7) days before the
intended date of the strike;

6. Except in cases of union-busting, the cooling-off period of 15 days, in case of unfair labor
practices of the employer, or 30 days, in case of collective bargaining deadlock, should be fully
observed; and

7. The 7-day waiting period/strike ban reckoned after the submission of the strike vote report to
the NCMB-DOLE should also be fully observed in all cases.

All the foregoing requisites, although procedural in nature, are mandatory and failure of the union
to comply with any of them would render the strike illegal.

REQUISITES FOR A VALID LOCKOUT

1. SUBSTANTIALLY SIMILAR REQUISITES AS IN STRIKE.

With a slight, insignificant variation, the procedural but mandatory requisites for a valid strike
discussed above are substantially similar to those applicable for valid lockout. For purposes of
ease and clarity, the same are presented as follows:

1st requisite - It must be based on a valid and factual ground;

2nd requisite - A notice of lockout must be filed with the NCMB-DOLE;

3rd requisite - A notice must be served to the NCMB-DOLE at least twenty-four (24)
hours prior to the taking of the lockout vote by secret balloting, informing said office of the
decision to conduct a lockout vote, and the date, place, and time thereof;

4th requisite - A lockout vote must be taken where a majority of the members 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 the purpose, must approve it;

5th requisite - A lockout vote report should be submitted to the NCMB-DOLE at least
seven (7) days before the intended date of the lockout;

6th requisite - The cooling-off period of 15 days, in case of unfair labor practices of the
labor organization, or 30 days, in case of collective bargaining deadlock, should be fully
observed; and

7th requisite - The 7-day waiting period/lockout ban reckoned after the submission of
the lockout vote report to the NCMB-DOLE should also be fully observed in all cases.

. REQUISITES FOR LAWFUL PICKETING

1. THE REQUISITES FOR A VALID STRIKE ARE NOT APPLICABLE TO
PICKETING.
The seven (7) requisites for a valid strike discussed above do not apply to picketing.
2. REQUISITES FOR LAWFUL PICKETING.
The most singular requirement to make picketing valid and legal is that it should be
peacefully conducted.
Based on the foregoing provision, the requisites may be summed up as follows:
1. The picket should be peacefully carried out;
2. There should be no act of violence, coercion or intimidation attendant thereto;
3. The ingress to (entrance) or egress from (exit) the company premises should not be
 obstructed; and 4. Public thoroughfares should not be impeded.

Liability of Union Officers

The mere finding or declaration of illegality of the strike will result in the termination of all
union officers who knowingly participated in the illegal strike. Unlike ordinary
members, it is not required, for purposes of termination, that the officers should commit an
illegal act during the strike.

Liability of Union Officers

The mere finding or declaration of illegality of a strike will not result in termination of ordinary union
members. For an ordinary union member to suffer termination, it must be shown by clear evidence
that he has committed illegal acts during the strike.