Requisites of a Valid Strike
Chapter XVII: STRIKES
Meaning of Strike:
Strike is any temporary stoppage of work by the connected
action of employees as a result of a Labor Dispute. [Art. 218 (o),
LC]
To constitute a strike the stoppage of work must be:
• Concerted;
• Temporary;
• Result of a Labor Dispute.
Meaning of Labor Dispute:
Labor dispute refers to any controversy or matter concern-
ing terms or conditions of employment or the association or repre-
sentation of persons in negotiating, fixing, maintaining, changing,
or arranging the terms and conditions of employment, regardless of
whether the disputants stand in the proximate relation of the em-
ployer and employee. [ Art. 218 (l), LC]
The phrase “regardless of whether the disputants stand in
the proximate relation of the employer and employee.” Means that
there need not be a direct employment between the parties in order
that their controversy can be considered as a Labor Dispute.
Limitation on the Right to Strike:
Under the law, a strike cannot be declared:
• Without first having bargained collectively;
• Without first having filed the notice of strike;
• Without conducting a strike vote and submitting a strike
vote report;
• After assumption of jurisdiction by the Secretary of Labor
and Employment;
• After the certification submission of the dispute to arbitra-
tion;
• During the pendency of cases involving the same grounds
for the strike; or
• On inter-inion or intra-union disputes. [Art. 268 and 269,
LC]
Kind of Strikes:
As to Purpose:
A) Unfair Labor Strike- A concerted activity staged to protest the
employer’s ULP.
B) Economic Strike- A concerted activity staged to force wage or
other concessions from the employer which he is not required by
law to grant.
As to the Manner of Execution:
A) Walk-out- A for of strike where the employees leave their work-
place and establish themselves outside the plant and refuse ac-
cess to the owners and the employees who want to work.
B) Sit-down- A form of strike where the strikers establish them-
selves within the plant, stop its production and refuse access to
the owners and other employees who want to work.
C) Slowdown- A form of strike where the strikers merely retard
production.
D) Mass Leave- A form of strike where the strikers take time-off
from work simultaneously.
E) Wildcat- A strike staged without the authorization of the union.
As to the Employer Against Whom it is Directed:
A) Primary Strike- Directed against the employer because of a la-
bor dispute with him.
B) Secondary Strike- Directed against the employer with the pri-
mary labor dispute connected by-product or employment with
the employer of the secondary strikers.
C) Sympathy Strike- A strike staged to make common cause with
strikers in other establishments, without any dispute between the
strikers and their employer.
D) General Strike- Directed against all the employers, participated
in by the workmen irrespective of the employers for whom they
are working.
E) Particular Strike- Directed solely against the strikers’ em-
ployer.
A) It should be staged by a legitimate labor organization;
B) It should be declare only on grounds specified by law;
C) It should comply with the requirements prescribed by law; and
D) It should have a lawful purpose and carried out through lawful
means.
Who can declare a strike?
Only a certified or duly recognized collective bargaining
representative can declare a strike. If there is no certified or duly
recognized collective bargaining representative, a strike can be de-
clared by a legitimate labor organization, but on the ground of Un-
fair Labor Practice. [Art. 268, LC]
Employees of establishments where there is no union can-
not strike.
The Legal Grounds for Declaring a Strike:
a) Deadlock in Collective Bargaining; and
b) Unfair Labor Practice. [Art. 268 (c), Labor Code]
The Legal Requirements of a Strike
a) Notice of Strikes;
b) Strike Vote; and
c) Strike Vote Report.
Notice of Strike: [Art. 268 (c), LC]
(Should be filed at least)
• 15 days before the intended date of strike - if based on
ULP;
• 30 days before the intended date of strike - if based on
Collective Bargaining Deadlock.
Where to file the Notice of Strike?
Should be filed with the National Conciliation and Media-
tion Board (NCMB).
The Cooling-Off Period
The cooling -off period is the span of time allotted by law
for the parties to settle their disputes in a peaceful manner before
declaring a strike. The duration of the cooling-off period are as fol-
lows:
• 15 days from the filing of the notice of strike - if based on
ULP;
• 30 days from the filing of the notice of strike- if based on
Collective Bargaining Deadlock.
Can the cooling-off period be dispensed with?
GR: No, it cannot be dispensed with. Observance of the cooling-
off period is mandatory.
XPN: In ULP, it may be dispensed with, where the duly elected
union officers are dismissed in such a way that the existence of the
Union is threatened, this, 15 day cooling-off period will not apply.
[Art. 268, LC]
But while the union is not obliged to observe the cooling-
off period, it is still obliged to file a notice of strike, obtain a strike
vote, and strikes vote report before staging the strike.
Strike Vote
The decision on whether or not go on strike will be deter-
mined by the union members through secret ballot in a referendum
duly called for the purpose. [Art. 268 (f), LC]
Strike Vote Report
The union should report the results of the strike referen-
dum to the NCMB at least seven (7) days before the intended
strike.[Art. 268 (f), LC]
The Seven-Day Strike Ban
The seven-day period reckoned from the submission of the
strike vote report. During this period the union is forbidden to strike.
[Art. 268]
When can the union stage a strike?
• After the lapse of the cooling-off period; and
• After the lapse of the seven-day strike ban.
How long is the validity of the decision to declare a strike?
The decision to declare a stake is valid for the duration of
the dispute that existed at the time when the strike vote was taken.
[Art. 268 (f), LC]
Referendum on Improved Offer
Notwithstanding the declaration of strike, the NCMB is
still obliged to continue mediating and conciliating. If in the course
of the mediation and conciliation, the employer presents an im-
proved offer, the NCMB will conduct referendum among the union
members to determine whether or not improved offer is acceptable
or not. If majority of the Union members votes to accept the im-
proved offer, the strike end. [Art. 270, LC]
Can employees of hospitals and similar medical institutions
strike?
Strikes in hospitals, clinics and similar institution are
strongly discouraged, but should a strike be inevitable, the striking
union must provide and maintain and effective skeletal workforce of
medical and health personnel whose movement and services shall
be unhampered un unrestricted.
The Secretary of Labor and Employment may immediately
assume jurisdiction over the dispute or certify the same for compul-
sory arbitration within twenty-four (24) hours from knowledge of
the occurrence of the strike. [Art. 268 (g), LC]
Does strike cut-off the employment status of strikers?
The employment status of strikers subsists during a strike.
A strike is not a renunciation of employment relation. While out on
strike, it is not considered that the strikers have abandoned their em-
ployment but rather have only ceased from their labor.
Can an employee be dismissed for participating in a lawful
strike?
No, it is not a group for termination of employment, even
if a replacement had been hired by the employer during such lawful
strike. [Art. 269 (a), LC]
Are strikers entitle to wages during strike?
No, under the principle of “A FAIR DAY’S WAGE FOR A
FAIR DAY’S LABOR”. Considering that no work was performed by
the employee during the strike, there can be no wage or pay. It is
hardly fair or just for an employee to litigate against his employer
on his employer’s time.
Employment of Strike Breakers Prohibited
During a strike, employers are prohibited from employing
strike breakers. [Art. 269, LC]
Meaning of Strike-Breaker
A person who obstructs, impeded, or interferes with by
force, violence, threats or intimidation any peaceful picketing by
employees during any labor controversy. [Art. 218 (r), LC]
Escorting of Replacements by any person is prohibited
During a strike, public officers, military and police person-
nel or any armed person are prohibited from bringing in or escorting
any individual in entering or leaving the premises of a strike area to
replace striking employees. [Art 269 (d), LC]
What is prohibited is the escorting of individuals in enter-
ing or leaving the strike area to replace the striking employees. If
the person escorted will not replace the strikers, Article 269 (d) of
the LC is not violated.
Strike Area
Refers to an establishment, warehouses, depots, plants or
offices, including the sites or premises used as run-away shops of
the employer's well as the immediate vicinity actually used by pock-
eting strikers in moving to and fro before all points of entrance. [Art
218 (s), LC]
Role of Police Offices in Labor Disputes
In strikes, lockouts or other labor disputes, the role of po-
lice officers is limited to enforcing the laws and maintaining peace
and order to protect life and property. Peace keeping personnel
should maintain themselves at a distance of fifty (50) meters from
the picket line, except, if the 50-meter radius includes a public thor-
oughfare, in which case, they may station themselves in such public
thoroughfare for the purpose of insuring the free flow of traffic.
[Art. 269]
Role of Police officers in the Service of Lawful Orders or Writs
The DOLE may seek the assistance of police officers in
enforcing legal orders or writs in labor disputes, the role of police
personnel is only to support the government agency which issued
the writ or oder,. Only when specifically requested can police per-
sonnel enforce such orders or writs.
Arrest or Detention of Union Officers or Members
GR: Union officers, members or organizers cannot be arrested or
detained for union activities without previous consultation (not ap-
proval) with the SOLE.
XPN: Consultation with SOLE is not necessary if the arrest is
made:
a) On ground of national security and public peace; or
b) In case of commission of a public crime. [Art. 271, LC]
When Prior Consultation is Not Necessary
Prior consultation with the SOLE is not necessary if the
arrest is made:
A) On grounds of national security and public peace; or
B) In case of commission of a crime. (Art. 271, LC)
Therefore, strikers may be arrested without prior consulta-
tion if they:
A) Obstruct public thoroughfares or the free ingress to and egress
from the employer’s premises; or
B) Possess deadly weapons such as knives, bolos, blunt or pointed
instruments and firearms or explosives.
Filing of Criminal Cases Against Strikers
Clearance myst first be obtained from the DOLE or the
Office of the President before filing a criminal case relating to or
arising out of a labor dispute. An Injunction issued in a labor case
is considered compliance with the clearance requirement.
Categories of Illegal Strike
a) Strike staged in violation of a specific prohibition of law;
b) Strike staged in violation of specific requirement of law;
c) Strike declared for an unlawful means;
d) Strike carried out through unlawful means;
e) Strike declared in violation of an existing injunction; and
f) Strike staged in violation of an existing agreement.
Sanction for Illegal Strike
In case of illegal strike, the following strikers can be dis-
missed from employment (ex. penalized with loss of employment
status):
a) Union officers who knowingly participate in an illegal strike;
and
b) Union officers or members who knowingly participate in the
commission of illegal acts.
[Art. 296 (c), LC]
Can the SOLE restrain the employer from imposing sanctions
against the union officers who knowingly participated in the il-
legal strike?
If the strike is declared illegal, the SOLE cannot restrain
or enjoin the employer from imposing the appropriate sanctions
against the union officers who knowingly participated in the illegal
strike and against any striking employee who committed illegal acts
during the strike. kSince the strike is illegal, the employer has the
right to take disciplinary action against the union officers who par-
ticipated in it and against any member who committed illegal acts
during the strike. (PAL vs. SOLE, 193 scar 223)
Liability of Damages Arising from Illegal Strike
 The local union and not the mother federation is liable for • Temporary; and
damages resulting from illegal strike. The reason is because the • The result of a Labor Dispute.
mother federation is a mere agent of the local union. (Filipino Pipe
vs. NLRC, 318 scar 68) Lockout Shutdown
Can injunction issue against strikes? The plant continues to operate. The plant ceases to operate.
GR: No, a strike cannot be enjoined even if it may appear to be
illegal because strike is weapon that the law grants the employees All shutdowns are lockouts but The willful act of the employer
for their protection and advancement of their interest. (Caltex vs. not all lockouts are shutdowns. himself following a complete
Lucero, 4 scar 1196) lockout as contrasted to the
compulsory stoppage of
operations as a result of a strike
XPN: a strike may be enjoined: and walkout.
a) If declared against an industry indispensable to the National In-
terest;
b) If staged by employees who are not accorded the right to strike;
c) If staged on other non-strikeable issues. Limitations on the Right to Lockout
Under the Law, a lockout cannot be declared:
Who may issue injunction against strikes?
• SOLE- in strikes against an industry indispensable to the national A) Without first having bargained collectively;
interest [Art. 268(g), LC] B) Without first having filed the notice of lockout;
• NLRC- in the other exceptional cases [Art. 224(e), LC] C) Without conducting a lockout vote and submitting a lockout vote
report;
D) After assumption of jurisdiction by the Secretary of Labor and
Chapter XVIII: PICKETING Employment;
E) After the certification or submission of the dispute to arbitration;
Meaning of Picketing F) During the pendency of cases involving the same grounds for
Picketing is the marching to and fro before the premises of the lockout; or
an establishment involved in a dispute, generally accompanied by G) On inter-union or intra-union disputes.
the carrying and display of a sign, placard or banner bearing state-
ments in connection with the dispute. Requisites of a Valid Lockout
A) It should be declared only on grounds specified by law; and
Is the right to picket absolute? B) It should comply with the requirements prescribed by law.
No, it is not. Persons or employees engaged in picketing
are forbidden from: Legal Grounds for Lockout
a) Committing any act of violence, coercion, or intimidation; A) Collective Bargaining Deadlock; and
b) Obstructing the free ingress to and egress from the employer’s B) Unfair Labor Practice.
premises; and
c) Obstructing public thoroughfares. [Art. 269, LC] Legal Requirement for Lockout
A) Notice of Lockout;
Can the obstructions placed by picketing employees be sum- B) Lockout Vote; and
marily removed? C) Lockout Vote Report.
In Public Properties, they may be summarily removed by
the local governments, through their respective law enforcement au- Where to file the Notice of Lockout?
thorities without consulting with the DOLE, because these obstruc- • National Conciliation and Mediation Board
tions are considered as nuisances per se.
When to File the Notice of Lockout?
In Private Properties, it may be removed only upon injunc- • 15 days before the intended date of lockout - if the lockout is
tive order from the NLRC. They cannot be summarily demolished based on ULP.
by law enforcement authorities. • 30 days before the intended date of lockout - if the lockout is
based on CBA deadlock.
Can picketing be enjoined? (This is expressly provided for in Article 268(c) of the LC.)
GR: No, it cannot be enjoined because it is part of the freedom of
speech guaranteed by the Constitution. The Cooling-Off Period
XPN: Injunction against picketing, however, may issue under the • The span of time allotted by the law for the parties to settled their
following certain exception circumstances: disputes in a peaceful manner before declaring a lockout.
a) If necessary to protect the rights of third parties or innocent by- • 15 days from the filing of the notice of lockout - if the
standers; lockout is based on ULP.
b) If the picketing is carried out through the use of violence and • 30 days from the filing of the notice of lockout - if the
other illegal acts; and lockout is based on CBA deadlock.
c) If the picketing is carried out through the use of illegal means.
Lockout Vote
The Innocent By-Stander Doctrine • The majority of the Board of Directors (in case of a corporations,
The right to picket may be regulated at the instance of third or the partners (in case of a partnership) decides on whether to
parties or innocent by-standers if it creates an impression that a la- declare a lockout or not, through secret balloting in a meeting duly
bor dispute to which they have no connection or interest, exists be- called for the purpose.
tween them and the picketing union. Under this situation, courts can
confine or localize the picketing to the disputants and insulate es-
Lockout Vote Report
tablishments with no industrial connection or interest to the dispute. • The employer should report the results of the lockout voting to
the National Conciliation and Mediation Board (NCMB) at least
Chapter XIX: LOCKOUT seven (7) days before the intended lockout. [Art. 268(f), LC]

The Seven-Day Lockout Ban

DEFINITION: Lockout is the temporary refusal of an employer to
• The seven-day period is reckoned from the submission of the
furnish work as a result of an industrial or labor dispute [ Art. 218
lockout vote report.
(p), LC]. To constitute a lockout, the refusal to furnish work must
• During this period, the employer is forbidden to lockout.
be:
• Observance of the seven-day lockout ban is mandatory.
When the Employer Can Lockout?
A) After the lapse of the cooling-off period; and
B) After the lapse of seven-day lockout ban.
[Art. 268(f), LC]

How long is the validity of the decision to declare a lockout?

• Shall be valid for the duration of the dispute based on substan-
tially the same grounds when the lockout vote was taken. [Art.
268(f), LC]

What is a Referendum on Reduced Offer?

• NCMB is still obliged to continue mediating and conciliating.
• If in the course of the mediation and conciliation, the Union pre-
sents a reduced offer, the NCMB shall conduct a referendum
among BODs, trustees, or partners of the company for the pur-
pose of determining whether or not the reduced offer is acceptable
or not.
• If the majority of the board of directors, trustees, or partners of
the company votes to accept the reduced offer, the lockout ends.

Can hospitals or medical institutions declare a lockout?

• It is strongly discourage because of their effects on the life and
health of patients.
• Should a lockout be declared, the employer must provide and
maintain an effective skeletal workforce of medical and health
personnel whose movement and services shall be unhampered
and unrestricted.
• The SOLE may immediately assume jurisdiction over the dispute
or certify the same of the occurrence of the lockout. [Art. 268]

Categories of Illegal Lockout

A) Lockout on grounds other than:
• CBA deadlock; or
• Unfair Labor Practice.

B) Lockout without:
• Notice of Lockout;
• Lockout Vote; and
• Lockout Vote Report.

C) Lockout before the lapse of the:

• Cooling-off period; or
• Seven-day lockout ban.

D) Lockout after the SOLE has:

• Assumed jurisdiction over the dispute; or
• Certified the same for compulsory arbitration.

E) Lockout without first having bargained collectively.

Sanction for Illegal Lockout

• An employer found guilty of illegal lockout may be held liable for
back wages and workers terminated as a consequence of an un-
lawful lockout are entitled to reinstatement. [Art. 269(a), LC]