DAY 1 09/12/12 UNFAIR LABOR PRACTICE First thing you have to understand with respect to unfair labor practice

is its concept. Now, article 247 under title 6 of book 5, it says unfair labor practice. ut actually !"# begins with article 246. $%&' First, let us take a look at article 247. ARTICLE 247. Concept of unfair labor practice and procedure for prosecution thereof . ( !nfair labor practices violate the constitutional right of workers and e)ployees to self*organi+ation, are ini)ical to the legiti)ate interests of both labor and )anage)ent, including their right to bargain collectively and otherwise deal with each other in an at)osphere of freedo) and )utual respect, disrupt industrial peace and hinder the pro)otion of healthy and stable labor*)anage)ent relations. ,onse-uently, unfair labor practices are not only violations of the civil rights of both labor and )anage)ent but are also cri)inal offenses against the .tate which shall be sub/ect to prosecution and punish)ent as herein provided. .ub/ect to the e0ercise by the #resident or by the .ecretary of "abor and 1)ploy)ent of the powers vested in the) by 2rticles 263 and 264 of this ,ode, the civil aspects of all cases involving unfair labor practices, which )ay include clai)s for actual, )oral, e0e)plary and other for)s of da)ages, attorneys fees and other affir)ative relief, shall be under the /urisdiction of the "abor 2rbiters. 4he "abor 2rbiters shall give ut)ost priority to the hearing and resolution of all cases involving unfair labor practices. 4hey shall resolve such cases within thirty 5367 calendar days fro) the ti)e they are sub)itted for decision. 8ecovery of civil liability in the ad)inistrative proceedings shall bar recovery under the ,ivil ,ode. No cri)inal prosecution under this 4itle )ay be instituted without a final /udg)ent finding that an unfair labor practice was co))itted, having been first obtained in the preceding paragraph. 9uring the pendency of such ad)inistrative proceeding, the running of the period of prescription of the cri)inal offense herein penali+ed shall be considered interrupted: #rovided, however, that the final /udg)ent in the ad)inistrative proceedings shall not be binding in the cri)inal case nor be considered as evidence of guilt but )erely as proof of co)pliance of the re-uire)ents therein set forth. 52s a)ended by atas #a)bansa ilang 76, ;ay <, <=>6 and later further a)ended by .ection <=, 8epublic 2ct No. 67<5, ;arch 2<, <=>=7.

4he concept of unfair labor practice is very tricky. $hy' ecause the legislator could not )ake up its )ind. ?t keeps on fluctuating. "ooking at its provisions, there are )any inaccurate, if not, false assertions. 10a)ple, @unfair labor practices violate the constitutional right of workers and e)ployees to self*organi+ationA. ut self organi+ation is not a constitutional right. ?t is )erely recogni+ed in the constitution, but )ere recognition does not )ake it a constitutional rightB ?ts say @it is ini)ical to the ini)ical to the legiti)ate interests of both labor and )anage)ent, including their right to bargain collectively and otherwise deal with each other in an at)osphere of freedo) and )utual respect, disrupt industrial peace and hinder the pro)otion of healthy and stable labor*)anage)ent relations.A ?n order words, it wants to show that it has a wide societal ra)ification with respect to violating the right to self organi+ation. ?tCs not /ust a violation of contractual rights or private right. ecause to 84.D is the right to for), /oin, assist, labor organi+ations of ones choice in order to obtain better ter)s and conditions of work for collective bargaining. ?t see)s to be a private rightE.?s it a private right' No it is notB ?t has ra)ifications with respect to industrial peaceB ?f you want to find out what happens if there is no industrial peace, /ust look at the television and find out whatCs happening in 2frica these days. 4he )iners are arising. 5Father shared about the )iners in .outh 2frica, the violence taking place because of )isunderstanding7 Now, if there are strikes, strikes are nor)ally occasioned by curtail)ent of the right to self organi+ation. ?f you prevent workers fro) working together as a union to de)and better wages then you will have an interruption. 4hen it says, A,onse-uently, unfair labor practices are not only violations of the civil rights of both labor and )anage)ent but are also cri)inal offenses against the .tate.A

,an u i)agine that' 4hey think cri)inal offenses are against the state' &ou have studied cri)inal law, do you think cri)inal law is against the stateB' $hat is it against' ?t is against the people of the #hilippines. 4hatCs why the title of the case is #eople of the #hilippines versus Fuan dela cru+B ?tCs not against the stateB &ou )ight e-uate the state with the people but no itCs not the sa)e. 4he state is not the people of the #hilippines. 4he people of the #hilippines is /ust one ele)ent of the state. ?t is possible for the state to co))it a cri)e against the people ecause if you say a cri)inal offense is against the state then it is i)possible for the state to co))it a cri)e against the people. .o again, that is an inaccuracy. 2 funda)ental )isunderstanding. 4hen it says @.ub/ect to the e0ercise by the #resident or by the .ecretary of "abor and 1)ploy)ent of the powers vested in the) by 2rticles 263 and 264 of this ,ode, the civil aspects of all cases involving unfair labor practices, which )ay include clai)s for actual, )oral, e0e)plary and other for)s of da)ages, attorneys fees and other affir)ative relief, shall be under the /urisdiction of the "abor 2rbiters.A 4hat is also provided for by article 2<7 5a7, the original and e0clusive /urisdiction of the labor arbiter. ARTICLE 217. Jurisdiction of the Labor Arbiters and the Commission . ( 5a7 10cept as otherwise provided under this ,ode, the "abor 2rbiters shall have original and e0clusive /urisdiction to hear and decide, within thirty 5367 calendar days after the sub)ission of the case by the parties for decision without e0tension, even in the absence of stenographic notes, the following cases involving all workers, whether agricultural or non*agricultural: <. !nfair labor practice casesG 2. 4er)ination disputesG 3. ?f acco)panied with a clai) for reinstate)ent, those cases that workers )ay file involving wages, rates of pay, hours of work and other ter)s and conditions of e)ploy)entG 4. ,lai)s for actual, )oral, e0e)plary and other for)s of da)ages arising fro) the e)ployer*e)ployee relationsG 5. ,ases arising fro) any violation of 2rticle 264 of this ,ode, including -uestions involving the legality of strikes and lockoutsG and 6. 10cept clai)s for 1)ployees ,o)pensation, .ocial .ecurity, ;edicare and )aternity benefits, all other clai)s arising fro) e)ployer*e)ployee relations, including those of persons in do)estic or household service, involving an a)ount e0ceeding five thousand pesos 5#5,666.667 regardless of whether acco)panied with a clai) for reinstate)ent. 5b7 4he ,o))ission shall have e0clusive appellate /urisdiction over all cases decided by "abor 2rbiters. 5c7 ,ases arising fro) the interpretation or i)ple)entation of collective bargaining agree)ents and those arising fro) the interpretation or enforce)ent of co)pany personnel policies shall be disposed of by the "abor 2rbiter by referring the sa)e to the grievance )achinery and voluntary arbitration as )ay be provided in said agree)ents. 52s a)ended by .ection =, 8epublic 2ct No. 67<5, ;arch 2<, <=>=7. Now, the labor arbiter is directed to give priority to !"# cases, and they are supposed to decide on it within 36 calendar days fro) the ti)e they are sub)itted for decision. Fust like an 84, /udge that is supposed to decide on cri)inal cases within 36 days fro) the date of sub)ission. .o they have the sa)e priority. 4hen here co)es the catch. @No cri)inal prosecution under this 4itle )ay be instituted without a final /udg)ent finding that an unfair labor practice was co))itted, having been first obtained in the preceding paragraph.A .o, if in the ordinary cri)inal proceeding, the assu)ption is once you institute the cri)inal proceeding auto)atically it is understood that the civil aspect is prosecuted together with it unless otherwise the co)plainant has )ade a reservation. %ere, it is the oppositeB 4he cri)inal aspect of unfair labor practice is first set aside, you file a civil aspect then you )ust obtain a final and e0ecutory order as to the civil aspect. $ithout that final /udg)ent that there was !"# civilly, you cannot file a cri)inal proceeding under !"#. &ou can only file a cri)inal action for !"# after you have gotten a final /udg)ent in the civil action.

4hen it says @9uring the pendency of such ad)inistrative proceeding, the running of the period of prescription of the cri)inal offense herein penali+ed shall be considered interruptedA 2nd then, when you file a cri)inal proceeding, you start ab ovo. &ou cannot use whatever was proven in the civil aspect in the ad)inistrative proceeding, you cannot use it, you cannot carry it over in the cri)inal proceeding. &ou )ust prove everything in the cri)inal aspect. .o what is the use of the final /udg)ent' ?ts /ust a condition for starting the proceeding cri)inal aspect. @4he final /udg)ent in the ad)inistrative proceedings shall not be binding in the cri)inal case nor be considered as evidence of guilt but )erely as proof of co)pliance of the re-uire)ents therein set forth.A ?t is purely /urisdictional. &ou cannot begin cri)inal !"# proceedings unless you can show that there has been a final /udg)ent in the civil aspect. 4hat is the precise concept of unfair labor practice. $orkers when they are on there way to for) a union or they are already in a union, and you violate their 84.D, can ask for a cri)inal action. ut because of the obstacles provided for by the law are so high, ? still have to find a conviction of !"# as a cri)inal case. 4here is nothing in the .,82B 2ll you have are final decisions, convictions on the civil aspect. ?f the civil aspect runs for <5 years wala na tong )ga witnessesB %u)an naB unsaon pa )an pagsugod na you have to prove everything )an in the cri)inal case kay no carry over )an. .o that is the proble)B 2re they serious about trying to establish industrial peace by preventing bad e)ployers fro) co))itting !"#' Fro) this provision, they appear to be less than serious because there are so )any obstacles in instituting a !"# cri)inal aspect. ut know that every !"# co)plaint is a potential cri)inal proceeding. $hat is the conse-uence of that' 4he ., has said that !"# co)plaint cannot be co)pro)isedB !4 the parties can say that we will sub)it this in voluntary arbitration. .o once you sub)it it to voluntary arbitration, the cri)inal aspect ceases because the voluntary arbitrator cannot award cri)inal penalties. ?4 ,2NND4 1H1N 2$289 92;2I1. !N"?J1 4%1 "2 D8 28 ?418B .o, that is the concept of !"#. .o now let us go to the actors. <.7 1)ployer 2.7 !nion 3.7 4hird party5neither union nor e)ployer7 4.7 Not an e)ployer, not a union or e)ployee, not a third party, but a Iovern)entB $ith respect to govern)ent e)ployees in their e0ercise to the right to for) a union. &ou are in govern)ent office, you are for)ing a union. 4hen your official boss prevents, punishes, or dis)isses you' ,an he be charged for !"#' 4hat is issue in the case of Pamantasan ng l ngs!" ng ma#n$la %s &$%$l s'(%$&' &!mm$ss$!n , February 2<, <==5. 4hese are all professors in #a)antasan ng lungsod ng )aynila. ?t is a ID,, with an original charter. ?ts original charter is an ordinance of the city of )anila. 4hey have a law school. 2ll of the students there are scholars paid for by the city of )anila. ;ost are e)ployees are of the city govern)ent of )anila. Now, the professors there for)ed a union. Nasuko )an ang )ga officials of the ad)inistration kay they were for)ing a union so they were fired uncere)oniouslyB .o they brought a case to the ,.,. 4he ,., ordered their reinstate)entEbut the pa)antasan ng lungsod ng )aynila refused to reinstate the). )ELD* .o finally it reached the .upre)e ,ourt. 4he ., says that the one who has /urisdiction if the 84.D of the govern)ent e)ployees are interfered with, opposed, hindered, the one that has /urisdiction is the #! "?, .1,4D8 "2 D8 ;2N2I1;1N4 ,D!N,?" 5#.";,7, the body which was created by 1.D <>6. 4his tells you that it is not really an unfair labor practiceB ecause if it were, it would have been the labor arbiter. ?t is put entirely in a different category. ?t is in the category of govt. e)ployees e0ercising the 84.D as it is provided in 1.D. <>6, which provides the 84.D of e)ployees in the public sector. Dk so hu)an na ni. .o the ne0t actorElet us take the @third partyA first. 4he third party is found in article 246. ? invite you to look at the first sentence of article 246.

ARTICLE 24+. Non-abridgment of right to self-organization . ( ?t shall be unlawful for any person to restrain, coerce, discri)inate against or unduly interfere with e)ployees and workers in their e0ercise of the right to self* organi+ation. .uch right shall include the right to for), /oin, or assist labor organi+ations for the purpose of collective bargaining through representatives of their own choosing and to engage in lawful concerted activities for the sa)e purpose for their )utual aid and protection, sub/ect to the provisions of 2rticle 264 of this ,ode. 52s a)ended by atas #a)bansa ilang 76, ;ay <, <=>67.

4he e)phasis here is @on any personA. Now, take a look at article 24>, beginning sentence. 2rticle 24> has got to do with the first actor, the e)ployer. ARTICLE 24,. Unfair labor practices of employers . ( ?t shall be unlawful for an e)ployer to co))it any of the following unfair labor practice: 5a7 4o interfere with, restrain or coerce e)ployees in the e0ercise of their right to self*organi+ationG 5b7 4o re-uire as a condition of e)ploy)ent that a person or an e)ployee shall not /oin a labor organi+ation or shall withdraw fro) one to which he belongsG 5c7 4o contract out services or functions being perfor)ed by union )e)bers when such will interfere with, restrain or coerce e)ployees in the e0ercise of their rights to self*organi+ationG 5d7 4o initiate, do)inate, assist or otherwise interfere with the for)ation or ad)inistration of any labor organi+ation, including the giving of financial or other support to it or its organi+ers or supportersG 5e7 4o discri)inate in regard to wages, hours of work and other ter)s and conditions of e)ploy)ent in order to encourage or discourage )e)bership in any labor organi+ation. Nothing in this ,ode or in any other law shall stop the parties fro) re-uiring )e)bership in a recogni+ed collective bargaining agent as a condition for e)ploy)ent, e0cept those e)ployees who are already )e)bers of another union at the ti)e of the signing of the collective bargaining agree)ent. 1)ployees of an appropriate bargaining unit who are not )e)bers of the recogni+ed collective bargaining agent )ay be assessed a reasonable fee e-uivalent to the dues and other fees paid by )e)bers of the recogni+ed collective bargaining agent, if such non*union )e)bers accept the benefits under the collective bargaining agree)ent: #rovided, that the individual authori+ation re-uired under 2rticle 242, paragraph 5o7 of this ,ode shall not apply to the non*)e)bers of the recogni+ed collective bargaining agentG 5f7 4o dis)iss, discharge or otherwise pre/udice or discri)inate against an e)ployee for having given or being about to give testi)ony under this ,odeG 5g7 4o violate the duty to bargain collectively as prescribed by this ,odeG 5h7 4o pay negotiation or attorneys fees to the union or its officers or agents as part of the settle)ent of any issue in collective bargaining or any other disputeG or 5i7 4o violate a collective bargaining agree)ent. 4he provisions of the preceding paragraph notwithstanding, only the officers and agents of corporations, associations or partnerships who have actually participated in, authori+ed or ratified unfair labor practices shall be held cri)inally liable. 52s a)ended by atas #a)bansa ilang <36, 2ugust 2<, <=><7.

?n article 24> 5a7 is says to interfere with, restrain or coerce e)ployees in the e0ercise of their right to self*organi+ationGE while in article 246 it says it shall be unlawful for any person to restrain, coerce, discri)inate against or unduly interfere with e)ployees and workers in their e0ercise of the right to self*organi+ation. 4here are -! ( .a#s, you can co))it !"#, if you are a t/$(" 0a(t#. 8estrain, coerce, discri)inate or unduly interfereE For an 'm0l!#'(, there are t/('' .a#s to co))it !"#, to interfere with, restrain, or coerce. Now, how about unions' ,an the labor side co))it unfair labor practice' 4hat is found in article 24=.

ARTICLE 249. Unfair labor practices of labor organizations . ( ?t shall be unfair labor practice for a labor organi+ation, its officers, agents or representatives: 5a7 4o restrain or coerce e)ployees in the e0ercise of their right to self*organi+ation. %owever, a labor organi+ation shall have the right to prescribe its own rules with respect to the ac-uisition or retention of )e)bershipG 5b7 4o cause or atte)pt to cause an e)ployer to discri)inate against an e)ployee, including discri)ination against an e)ployee with respect to who) )e)bership in such organi+ation has been denied or to ter)inate an e)ployee on any ground other than the usual ter)s and conditions under which )e)bership or continuation of )e)bership is )ade available to other )e)bersG 5c7 4o violate the duty, or refuse to bargain collectively with the e)ployer, provided it is the representative of the e)ployeesG 5d7 4o cause or atte)pt to cause an e)ployer to pay or deliver or agree to pay or deliver any )oney or other things of value, in the nature of an e0action, for services which are not perfor)ed or not to be perfor)ed, including the de)and for fee for union negotiationsG 5e7 4o ask for or accept negotiation or attorneys fees fro) e)ployers as part of the settle)ent of any issue in collective bargaining or any other disputeG or 5f7 4o violate a collective bargaining agree)ent. 4he provisions of the preceding paragraph notwithstanding, only the officers, )e)bers of governing boards, representatives or agents or )e)bers of labor associations or organi+ations who have actually participated in, authori+ed or ratified unfair labor practices shall be held cri)inally liable. 52s a)ended by atas #a)bansa ilang <36, 2ugust 2<, <=><7. For the labor side, it has only 2 ways to co))it !"#. 4ake a look at article 24= 5a7 which saysA to restrain or coerce e)ployees in the e0ercise of their right to self*organi+ation.A .o duha na lng for a labor organi+ation or its agents can co))it !"#Eonly by way of coercion or restraint. For the e)ployer, 3 ways: interfere, restraint or coerce. For a third party, four ways: restraint, coerce, discri)inate against, or unduly interfere. ND$, there are so)e co))entators that says there are only 2 actors for !"#. 1ither you are e)ployer or e)ployee. 1ither )anage)ent or labor organi+ation. Now why do they say that' ecause of the definition of an e)ployer in article 2<2 letter 1. ARTICLE 212. Definitions. 5e7 @1)ployerA includes any person acting in the interest of an e)ployer, directly or indirectly. 4he ter) shall not include any labor organi+ation or any of its officers or agents e0cept when acting as e)ployer.

.o, what is the understanding of an e)ployer under book 5' ?t says @1)ployerA includes any person acting in the interest of an e)ployer, directly or indirectly. .o, once you begin to threaten workers you are already acting directly and indirectly for the benefit of the e)ployer and so you beco)e an e)ployer. 4hatCs why so)e co))entators say there are only two. 1ither and e)ployer or e)ployee. Now, $%24 ?. ;& .42N9' ;y stand is what do you know about article 246' ?f there are only two categories why is there article 246' 2nd article 246 says that it shall be unlawful for 2N& #18.DN to restrain, coerce, discri)inate against or unduly interfere. 4o clarify, to )ake it alive let )e give you an e0a)ple. .upposed here is the sister of the )ayor who calls the )ayor and tells the )ayor about her god child who is une)ployed. 2nd so the )ayor called the )anager of a pabrika. ?ngon ang )ayor na )uhangyo lng ko na pasudla na. ?ngon ang )anager, ok )ayor no proble). .us pagkaregular atong tawhana, nitawag ang )anager kay )ayor kay nag unioni+e na diay tong tawhana. .iya nag nag

leader leader sa unionB 2h pagkahibalo sa )ayor, gi adto sa )ayor, gikulata niyaB Now, let )e ask you, is the )ayor and e)ployerB' ,an u say that he is deputi+ed by the e)ployer'' ,an u also say that he is the union' %u)an, gipriso ni )ayor tong iyang nephew. $hat is that' 4hat is restraintB Iipunggan ni)o. Now, pag pugson ni)o, that is coercion. .o, if you have a co))entator, find out what he believes in. does he believe there are only two actors or does he believes there are others. Now, if a police)an disperse a union )eeting' $hat is that' ?s that a third party' &ou will be cra+y if you file !"# case against the police)an. $hat action should you bring' &ou bring a cri)inal action against the cri)e against funda)ental lawsB ecause the 84.D is at the sa)e ti)e a right to e0ercise your freedo) of association. ecause a union is an association. 2nd ?f you are a public officer and you prevent the )eeting of a lawful organi+ation, that is cri)es against the funda)ental law. ?nfact, kung police na i)ong contra, )angita na lng kag )as bug*at pa na su)bong kaysa !"# lngE file na lng kag cri)inal action under the revised penal code, under cri)es against funda)ental lawsB $hat is the penalty of the public officer who prevents a lawful )eeting' A(t$&l' 111 !- t/' ('%$s'" 0'nal &!"'. #rision correctional. 4hat is higher penalty than unfair labor practiceB 2rt. <3<. Prohibition, interruption and dissolution of peaceful meetings. K 4he penalty of prision correccional in its )ini)u) period shall be i)posed upon any public officer or e)ployee who, without legal ground, shall prohibit or interrupt the holding of a peaceful )eeting, or shall dissolve the sa)e. T/' sam' 0'nalt# s/all 2' $m0!s'" 0!n a 0 2l$& !--$&'( !( 'm0l!#'' ./! s/all /$n"'( an# 0'(s!n -(!m 3!$n$ng an# la.- l ass!&$at$!n !( -(!m att'n"$ng an# !- $ts m''t$ngs.&/an(!2l's %$(t al la. l$2(a(# T/' sam' 0'nalt# s/all 2' $m0!s'" 0!n an# 0 2l$& !--$&'( !( 'm0l!#'' ./! s/all 0(!/$2$t !( /$n"'( an# 0'(s!n -(!m a""('ss$ng4 '$t/'( al!n' !( t!g't/'( .$t/ !t/'(s4 an# 0't$t$!n t! t/' a t/!($t$'s -!( t/' &!(('&t$!n !- a2 s's !( ('"('ss !- g($'%an&'s. Now, the )ost nu)ber of cases of unfair labor practice is under article 24>, !"# of e)ployers 5pls refer na lng sa provision earlier provided7. 8e)e)ber there are only 3 ways to co))it !"# under 24>. 4o interfere, restraint, or coerce. 4he whole listings in 24> are ways by which these 3 are e0e)plified. Now, restraint or coercion is behavioral. ?t is very easy to deter)ine. 2ll you have to do is look at it. $hat is difficult to deter)ine in interference. &ou have co)e across of the concept of certification election, what is the role of the e)ployer in ,1' 2 )ere bystanderB %e )ust not interfere or else there is unfair labor practice. #ut this in your )ind that interference is either acting positively or acting negatively. ?f tabangan, positive, unfair labor practiceB Jay nag apil20 )an ka. ?)ong pigilan, negative, unfair labor practice gihapon. 4hats very easyE Now, what about .#11,%' $hen does e)ployer speech constitute as interference' 4hat is the proble)B ecause the e)ployer is always speaking because he has legiti)ate business ends that he has to co))unicate to the e)ployees. Now when does e)ployer speech constitute as interference with the 84.D' Now, that is difficult and we donCt have )any #hilippine cases on that )atter. ecause )ost of our 18*11 relationship is one wayE unlike in 2)erica wherein there is interaction. $e have to s-uare it with the freedo) of speech provisionE is negative talk to the union protected by the constitutional right of freedo) of speech' ?s it protected' %a' 4hose are the issues on interference as a way of !"# especially by e)ployer speech. $e will continue ne0t )eeting. 5F.7

DAY 2 09/11/12 5OLICITATION OF UNION 6E6BER5)IP @ eing in the study of law, you should be rational, nothing should )ove you e0cept the electricity between your ears. 4he cogency of reason not the )elancholic string of violins playing and the )oonlight co)ing. 4hat should be farthest fro) you. ?t should be reason, rationality.A *Fr. Na+areno &ou have here the .u))ary of 8ule on .olicitation of union )e)bership based on !. ., decided cases. $on the 18 can stop the 11 fro) soliciting union )e)bership.

Now the -$(st ( l' is, a no solicitation rule of union )e)bership or 5prohibition7 of the distribution of co)pany literatures during working hours or working ti)e or within co)pany property. ?t is presu)ed to be invalid. $hy' ecause the rule is considered as overly*broad, the rule is susceptible to interpretations by the e)ployees that they are prohibited fro) engaging protected activities such as right to self*organi+ation, soliciting )e)bership during their free ti)e, at )eal period or at neutral areas like ,8, cafeteria, locker roo) . 4hese areas are called neutral because the co))unication there cannot be dictated by the e)ployer. ?t is not in the actual work place. ?f you are in the asse)bly line. 2nd you are handling working )aterial for the purpose of co)pleting the product of the e)ployer that is a work station and your co))unication there can be strictly regulated. ecause the 18 has a legiti)ate business to protect. ut if you are in the canteen, you are still in the working pre)ise. &ou are already eating, you are no longer working but you are still within the co)pany pre)ises, you are still during working day. ut what you are doing there can no longer be work related. .o you cannot say no soliciting during working hours at the work place that is too broad. Now, even it is presu)ptively invalid, t/' s'&!n" ( l' is evidence )ay be presented to overco)e the presu)ptive invalidity or validity of a no solicitation*no distribution rule. "et us say it is the e0it already of the co)pany pre)ises. 4he union organi+es /ust at the e0it and they distribute union )aterials, flyers. ?t is already outside the co)pany pre)ises. ?f you prohibit distribution of )aterials there. ?t is presu)ptively invalid. ut can offer evidence to prove that the prohibition is not invalid. &ou can. $hat kind of evidence' For instance, when the literature they distribute is so )uch that 11s no longer read that and it is left scattered in the area. 4he distribution resulted to the littering and i)proper disposal of garbage. 4he 18 can prohibit that because the i)proper disposal of garbage causes ha+ards that the 18 )ay be held responsible. 4hat is so)ething the 18 can present to overturn presu)ptive invalidity. Now, No .olicitation 8ule5N.87, in certain workplaces is a neutral area, it is held by the !. ., that N.8 still works. ?t is valid. 10a)ple 9epart)ent .tores, corridors and canteen of depart)ent stores. ?t is open not only to e)ployees but also to custo)ers. Now if custo)ers, hear about !nion activities and when there is a disagree)ent between unions that are soliciting for )e)bership. !nya kung )agtinubagay' $hat is the effect to the custo)ers' Negative. .o ;gt. in these areas can prohibit even in so*called neutral areas. "ike the ,8, canteen. 2nother workplace is the hospital, the canteen and the workplaces are open not only between e)ployees, nurses, and other e)ployees but also to other patients. 4hese )ight cause undue alar). 4hat is 3 and 4. Now, when can you say that the co)pany has a unifor)' ,o)pany prescribes the unifor). ,an those in the union who wants to solicit union )e)bership, can they wear union buttons. $hich says @;ag*!nion Jita.A 4hree #hases of !nion Drgani+ing <. .ubrosa #hase * Lfro) HirgilCs 2niad: @rose fingered dawnA M *** )eans underground, they send underground they look for an 11 who is in trouble, who needs the union. ;gt is unfair because you are alone. L4hen pyra)iding style na. Dne bring three. 4hen the three will each bring one and so on. Now, if you have <666 workers until when will your subrosa stage. @pagdala ug tawo dinha***)aabtan ka ug siya)*siya).A M 2t one point you will end your subrosa stage. &ou will say we will co)e out in the open and we will bring the people in a ca)paign. 2. 2bove .urface phase 3. ,a)paign

9uring the above surface phase that is where you file the #etition for ,ertification 1lection5#,17. 4hen when the order of #,1 co)es out, you begin the all*out ca)paign. 4hen by that ti)e all the rules of the e)ployer with respect to the e)ployee co))unication with each other can no longer be i)posed. 4hey will be recruiting anywhere they are.

N: First of all, can the organi+er enter the working pre)ises' @Naa koy )e)bers )osulod ko dinha kay ako silang serbisan.A ,an )gt. prohibit the organi+er of the union' Df course, the organi+er is not with 18*11 relationship, so the organi+er has no right to self*organi+ation vis*O*vis the 18. .o he can be prohibited. ,an he file an !"#. ut there are certain workplaces that you cannot do that. $hat is that workplace. 4he isolated workplaces. $here the right to self*organi+ation is rendered nugatory if there is no organi+er that

is allowed to enter the workplaces. ?f they are kept out, practically speaking the workers have no right to self*organi+ation. $here is that' 2gribusiness concerns that are out of nowhere, where the 11s live where they work. 10a)ple. North 9avao ;ining*in 9avao del norte: his practical ability to right to self*organi+ation is hindered because he is isolated. ;ining co)panies. "abor organi+ers cannot be prevented fro) entering.

ack to the issue can you wear union button ' Lunion kitaKinclusive tenorM. Now, there is a unifor) )ade )andatory by the co)pany. &ou will think that it would be sufficient to bar any union propaganda that will be attached to the unifor). &ou think it is necessary . ?t all depends. ?t is presu)ed that the unifor) assigned by the co)pany is integral and cannot be ad/usted or altered by the e)ployee. ut if in the past, there have been ad/sut)ents )ade by the 11 and the ;gt. tolerated it. 4hen that is a leeway for the union to co)e out with the buttons . 2nd to prohibit the) to alter their unifor)s is unfair labor practice5!"#7. $hen does that happen' 10a)ple: 11s went to aguio bought borloloy fro) aguio. 4hey wear the Borloloys and the 18 did nothing. Now the union wear ;ag*!nion kita buttons then they are prohibited. 4hat is !"#.

Now, when there are certain additions )ade that are ini)ical to their functions. Dperating nurse ka, very sensitive e-uip)ents in the roo), sensitive to )etallic substances )agnetic. !nya )agbutang20 ka ug button na )ag*union kita. !nya pagawason ka sa head nurse. ;uiingun ka ug, unfair labor practice. 9ili na )ahi)o, tantanga na. 4here are work places that have special and peculiar needs. 4hese are disallowed because they will unduly alar) the custo)ers. 9epart)ent stores or in the super)arkets, the 11s are not allowed to wear sy)bolic sighs of union organi+ing activities because it will cause undue alar). 4he welfare of the patients and the custo)ers are para)ount. 1ven this sy)bolic speech will be disallowed.

.o what is the I8 with respect to the 18s speechKit )ust not contain any pro)ise of reward or threat of reprisal in order to be protected fro) !"#. "et us say a Ieneral ;anager gets a whi) that the rank*and*file workers are for)ing a union. 4hen he calls all of the) and say we are one fa)ily here, ako ang inyo a)ahan. .ulti lang daan unsa inyo rekla)o. Iusto )o ug taas na suweldo. #ila )an inyo gusto' ;angayo )o ug dugang baynte kada adlaw. !g )agtagbo ta sa tunga. 4agaan ta ka ug diyes . ;ag union gihapon )o' Jung )uiingun siya ana. #atay kang bata ka. 4hat is !"# speech. $here you had pro)ise a reward to influence the) in your e0ercise of your right to self*organi+ation. &ou cannot do that.

2gain the )anager gets whi) that a union is being for)ed by the rank*and*file. %e calls a )eeting to all the workers and told the) @ako nakabalo nako dili nako sultihan, nakahibalo nako, ako lang nahi)atngun lang ko ninyo na ayaw pagsalig kay way nakakita ninyo, kay way nakahibalo. 2ko nakahibalo kay ako adunay )ga )ata ug dalunggan diha ninyo na wala )o kahibalo. $ala )o kahibalo. @ !nsa )ana !"#. 4hat is a threat.

&ou see how restrictive is the 18Cs speech now' &ou cannot utter any pro)ise or reward on the way he or she e0ercised hisPher right to self*organi+ation.

$hat you should read is ?nsular "ife vs. ?nsular "ife 11s. 4hat is a land)ark case. 4he sales force of ?nsular ?nsurance went on strike. Nagpicket na sila dinha. 2yala "abor 8elations Dfficer and staff, they started calling the houses of the sales)an. Naa )an silay nu)ber sa sales)an. 4inangali nagaduhaduha )o kung )agkuyog )o sa strike or dili. .ayon ra kaayo na, tabok ra)o sa picketline tapos diretso na)o sulod sa bldg. naay naghuwat ninyo dinha. 9ili )o )ahutdan ug pagkaon sa sulod. %elicopter )ana nagadala sa pagkaon, kay naa )an silay helipad. 2yaw na)o ug kahadlok kay ang inyo asawa )akakuha sa inyo sweldo and every <5 th and 36th as long as you are in strike. Now they called the household

of these workersKthat is !"# practice. 4hat is constructive breaking of picket line. 2nd then the ., says in order for 18 speech in order to be without taint of !"#. ?t )ust not contain threat of reprisal or pro)ise of reward.

.o, )ay 11 ni)o, supervisor ka. Niattend sa union )eeting. ?kaw nakahibalo nak kay naay nagsulti ni)o nga siya didto na sya sa )eeting sa union. Jinsa )ana nagsulti ni)o kanang gusto )agpapel ni)o. !nya pangutan*on ni)o, ngano kabalo )an pud ka' didto )an pud koE.

.o i)o tawgon, ngano absent ka )an' 2t that point is that !"#' Not yet. ecause it is a valid e0erciseof )anagerial prerogative. %e did not show for work. !nya )uiingun 0a. Na)atay ako ugangan. Na)atay i)o ugangan' 9iba nananghid ka )an sa ako na)uabsent ka kay na)atay i)o ugangan' asing nakali)ot ka, kapila )an diay )a)atay i)o ugangan. 2t that point is that !"# speech. Not yet. 2yaw pa)akak, ngano absent ka )an' itaw sir, ako bayaw )an gud, iya )an ko gidala para )uattend sa union )eeting. 2t that point, hunong naka. ecause that is already interfering. $ala )an kay labot ana. ;gt. has nothing to do with the e0ercise of the right to self*organi+ation. &ou should stop. &ou cannot encourage nor discourage )e)bership in the union. &ou have to be neutral. 9ili ka pwede )uiingon, )aayo )aayo pangapil )o. !"# gihapon na.

.o now this is the issue suppose you threaten but the threat has no effect. .upervisor ka pero i)o height 4C<<CC ang i)o sakop ni)o )ga 6C. #ero ikaw ang nagkupot sa yawi. .upervisor ka )an: union, union )o ha, unsa )an )o, duklon ko nang balubagon ninyo dira. #ero dili ka kaabot. ?s that !"# speech' &es. 4hat is !"# speech. 4he law does not re-uire that that which it seeks to prevent has occur before there is transgression of law. 9iscri)inatory speech is not allowed because the law does not want to curtail the e0ercise right to self*organi+ation. 2nd now, you want that the curtail)ent in fact occurs. 2s a proof that there has been !"#. &ou cannot do that. .o what is the )easure that you will use' ?t is t/' anal!g! s m'as (' !- t/' Dang'(! s T'n"'n&# R l' . 4he language or the words used in the)selves are tend to influence negatively or positively the e0ercise of the right to self*organi+ation. 4hen that is !"# speech. Janang ig*un nako ang inyo bakol*bakol, kana in the)selves are threatening words and those constitutes !"#.

Now ? want to point out to you, the so*called B!("'( L$n' 50''&/. $hat is border line speech. .peech that is carefully crafted that it does not transgress the law. .o it is a speech. $hich will hover the thin line of )aking and avoiding in the )aking of pro)ise and of )aking threats. 4hat is a speech written by a lawyer. 4hat is designed no threat or no evident threat and no evident pro)ise. #areha nang tigu)on nila tanan workers. !g )uiingun ang )anager** Iitigu) )o tanan dinhi kay usa ra ta ka pa)ilya. Jahibalo ang tanan, usa ra ang tu)ong nato, na unta )ag)ala)buon ang atong ko)panya kay kung )ola)bo ang ato ku)panya )utaas )an pud ang ato suweldo. 2ng kala)boan sa ko)panya, kala)boan sa )atag*usa. Jaron dili nako )aglipud20. Iitigu) )o kay naay balita na gikalipay sa uban, apan gisubo sa uban. Jinsa )an ang nalipay, ang nalipay kay katong naga*organisa ug union. Jay naa )ay pipila nato na ni baligya na sa ila kalag sa union. 9ili ko )uingun na duatan na kay naa na sa balaod. Naay balaod na nagasulti na ang )atag* )a)u)uo )ahi)ong )ag organisa ug union aron ipasikad ang ilang )ag katungod. Naa na sa konstitusyon, gipalipdan na sa atong batakang balaod.

.o ayaw ko ninyo ingni na supak ko ana, dili ko supak. out lang ko )uiingun tan*awa nang ato ku)petensiya dinha. 9iba niadto, naglayag na sila. Nu)ber one na sila sa ginansiya, )as daghan sila ug truck. 2pan unsay nahitabo nawagtang lang ang tanan. Ngano )an to' Jatong karaan dinhi kabalo.. nagkagubot na sila, nagpicket.. wala pa to nahitabo katong wala pa ang union. #ero nahitabu na pag* abot sa union. 9ili ko )uiingon na ang union ang nagdala ana. ***"ingis*lingis kayo ba, $a kay

;akit an na threat or pro)ise of reward. 4hat is called border line speech. 2nd the ., says border line speech, the final characteri+ation of the borderline speech is the surrounding circu)stance in its history. ?f )gt. has in the past co))itted !"#. 4hen that orderline speech will be understood to be !"#. ?f that speech is spoken, /ust before or /ust after )gt. )ade )oves to curtail union activities like suspending union leaders. 4hose who are active in recruiting union )e)bers. ;gt. has put the) into disciplinary process. 4hen the borderline speech is understood by the captive audience as anti* union speech. 2nd therefore !"#.

$hat is that in accordance with the rules of court' 1vidence that one did or did not do at one ti)e is not an evidence that one did or did not do at another ti)e. $hat is that rule' 8es inter alia actus. .o is the .,, throwing away the basic presu)ption in the 8ules of ,ourt. $hen can you use past historical )isconduct. $hen you are prosecuting at another ti)e another )isconduct' $hat is to be proved is habit, isnCt it not. 4hat is all the borderline speech ruling of the .,. 4he borderline speech in "abor 8elations is the e0e)ption to the inter alius act rule. $hen you use historical !"# or surrounding !" acts you are )erely proving habit. $hat is 5contra7evidence. Iood habits. 9iba ikaw nadakpan na)an ka sa una' 9iba nagsilbi na)an ka sa una ug sentensiya sa pangawat'

%ow do you overco)e that' #resent evidence of good habit. 9iba ikaw na)an ang na)uno sa 41J anony)ousE &ou raise also raise positive habits because you bring on the issue on the level of habits. .o those are the rules with respect to 18s speech. 4he acts all you need is a description of the acts and you can already prove restrain and coercion. ?t is speech that is difficult. .o you )ust know all the rules with respect to !"# speech. *****end*****

DAY 1 09/14/12 UNFAR LABOR PRACTICE OF E6PLOYER5 1 7ENERIC 8AY5 OF CO66ITTIN7 ULP BY ER* <. ?N418F181N,1 2. 81.482?N4 3. ,D18,?DN ?N418F181N,1 ehavioural. 2ll you need is testi)ony, the )o)ent you see an action taken by an 18 which is by itself leads to the discourage)ent to the e0ercise of 84.D then that is !"#. ?f the 18 also does so)ething that is positive that encourages 84.D that is also !"#. ?t helps in the 84.D that is also !"# because you cannot interfere. 4hat is why the speech of the 18 )ust not contain any pro)ise of reward or threat of repression. Ayaw na lang mo pagunion. Ihatag lang nako ang increase ninyo. ULP na. .uppose, 18 does not speak. abalo nangita silag increase, increasan niya. ULP na! "amot# ?f to speak in pro)ise or reward is !"#, to give a reward so that they will no longer go ahead with the union is !"#. &ou cannot say so)ething positive. &ou cannot say so)ething negative in their e0ercise of the 84.D.

5b74o re-uire as a condition of e)ploy)ent that a person or an e)ployee shall not /oin a labor organi+ation or shall withdraw fro) one to which he belongsG

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4hatCs interference. 4he short cut for this is #'ll!. "!g &!nt(a&t. $hat is the e-uivalent here in the #hil' 4hey will only hire ?N, )e)bers. $hy' ?N, )e)bers are not allowed to for), /oin or assist "D. .o if you have all ?N, )e)bers, you have no union. 4hat is why the ?N, une)ploy)ent rate is the lowest in the country. 4here are so)e workplace that are designed for this. 4hey will say in public that they are partial to ?N,.

5c7 4o contract out services or functions being perfor)ed by union )e)bers when such will interfere with, restrain or coerce e)ployees in the e0ercise of their rights to self*organi+ationG 4he e0a)ple here is .hell Dil vs .hell Dil 1)ployees !nion. Facts: 4he security guards in shell oil depots were also regular e)ployees of shell. 4hen the security agency law was passed allowing private sectors to put up their security agency )a0i)u) of <666 security guards. .hell oil contracted out. 4hey /ust told the 11s, we will pay you separation benefit. &ou cease to be security guards. %1"9: 4here is a violation of 2rt 24>c which is the !"# ( contracting. .uppose shell did it this way. For every security guard who was there e)ployee that resigns, they did not replace hi). 4hey will be an agency security guard. ?s there a violation of art 24> c' ND. $hy' ecause the cause for the loss of union /obs is not contracting out but attrition needs 5resignation, retire)ent, incapacity7. 4hat is the cause. &ou cannot contract that out because that is not directly related to the business or trade of the 18. ut if your contracting out is the cause of their ter)ination, that is art 24> c.

5d74o initiate, do)inate, assist or otherwise interfere with the for)ation or ad)inistration of any labor organi+ation, including the giving of financial or other support to it or its organi+ers or supportersG

?f you give )oney to the union, that is !"#. 4o initiate the union, ikaw ang mag hire ug abogado aron tabangan sila sa ilang papeles. 4hat is why under 2<2 ?

284 2<2 5i7 Q,o)pany unionQ )eans any labor organi+ation whose for)ation, function or ad)inistration has been assisted by any act defined as unfair labor practice by this ,ode.

4hat is an insult in "abor 8elations. ?f you are a co)pany union, kamo ang ginatawag na tuta sa agalon. .o if you are an in*house counsel, unsaon man pagtabang! ung mag party ang union, padal-I mig litson diri sir. $aghatag ka, that is ULP %Art &'(d. Unsa imong buhaton! .a , 2 pa lang daan naa nakay provision ngadto @;anage)ent agrees to provide the union with office spaceA. !nya )ahadlok )an ka )o*co))it ug hatag ug tingali dili nka* ka afford. utangan ni)o ug general clause, @;gt agrees to provide financial assistance or in kind, as )aybe agreeable to the union for the cause of this agree)ent.A &our assistance now is not forbidden by 24> d but is in accordance with a , 2 provision.

5e7 4o discri)inate in regard to wages, hours of work and other ter)s and conditions of e)ploy)ent in order to
encourage or discourage )e)bership in any labor organi+ation. Nothing in this ,ode or in any other law shall stop the parties fro) re-uiring )e)bership in a recogni+ed collective bargaining agent as a condition for e)ploy)ent, e0cept those e)ployees who are already )e)bers of another union at the ti)e of the signing of the collective bargaining agree)ent. 1)ployees of an appropriate bargaining unit who are not )e)bers of the recogni+ed collective bargaining agent )ay be assessed a reasonable fee e-uivalent to the dues and other fees paid by )e)bers of the recogni+ed collective bargaining agent, if such non*union )e)bers accept the benefits under the collective bargaining agree)ent: #rovided, that the individual authori+ation re-uired under

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2rticle 242, paragraph 5o7 of this ,ode shall not apply to the non*)e)bers of the recogni+ed collective bargaining agentG 4his is a discri)inatory practice. ?n other words, you do so)ething, either for the 11s or the union because you did not like their e0ercise of the 84.D. Niadto tagaan ni)o silag transportation. Iinahatod ni)o sila pagkubrag sweldo. Jaron nag file )an sila notice of strike. 9ili na, wal na hatod*hatod. $hat is that' 4hat is a discri)inatory act because that is )otivated by a union bias. 2s long as the change is ter)s and conditions of work. %ow about the syste) of cash advances. Nag file )an sila ug notice. $ala nay cash advance. 4hat is not a discri)inatory practice. $hy' ecause a cash advance is actually )utuu). ?tCs covered by the civil code. 9ili )ana arising fro) 18*11 relationship. 4hat is not ter)s and conditions of work. ;utuu) is not an issue covered by 24> e. 10ception: <. Nothing in this code or in any other law shall stop the parties fro) re-uiring )e)bership in a recogni+ed collective bargaining agent as a condition of e)ploy)ent. 10cept those 11s who are already )e)bers of a union at the ti)e of signing of collective bargaining union. .o when there is a union security clause, is it not that the 18 is encouraging )e)bership in the incu)bent which is also a union' ut that is not against 24> e. $hy' ecause it is so provided in 24> a. 4hat is allowed. 2 union security clause is allowed. 2lthough you cannot enforce it on other )e)bers of another union. 2. 4hose who are prohibited by their religion to for) a union. Freedo) of religion 3. &ou cannot enforce that any)ore under the 66 day period. 11s of appropriate collective bargaining unit who are not )e)bers of the collective bargaining agent )ay be assessed with a reasonable fee e-uivalent to the dues and other fees paid by the )e)bers of the recogni+ed bargaining agent, if such not union )e)bers accept the very fees under the collective agree)ent. 2gency fee. 8e)e)ber ? said, there )ust be a specific provision in the , 2 before you can oblige agency fee. !nless provided that the individual authori+ation re-uired under 242 parE shall not apply to the non*)e)bers of the collective bargaining.

5f7 4o dis)iss, discharge or otherwise pre/udice or discri)inate against an e)ployee for having given or being about to give testi)ony under this ,odeG * !nfair labor practice dis)issal 4here is a proviso in 2rt <<> also retaliatory )easures. 8ead that, it is si)ilar to this. $hat is the difference between <<> and 24> 5f7' ?f the issue is labor standards provisions, other ter)s and conditions and there is no union. 2nd an 18 dis)isses 11 for filing a case against an 18 or testifying in favour of so)eone who has filed a case against an 18. ?f you do that, in a "abor .tandards case what applies is <<>. ?f there is already a union and it is because of your e0ercise to 84.D, that the 18 discri)inates against you. 4hen you file case of !"# under 24> F. $hat is the difference between the two' ?f it is dischargedPdis)issed because of filing a case with 18, on labor standards laws, that is interpreted as a dis)issal that is whi)sical, )alicious, bad faith. 4herefore )oral da)ages are recoverable. 2ttys fees are also recovered because the labor dis)issal is in bad faith. ?f you are dis)issed, da)ages are also in order because there is no ground for dis)issal and the dis)issal is )alicious, )alevolent. ut the proble) is dis)issals here prescribe in < year, whereas the dis)issal in <>> prescribes in 3 years. 4hat is ordinary dis)issal. %ere is it !"#. !"# prescribes in < year. 2nother difference is, if you cannot file a co)plaint based on 24> f within < year, you can still file a case within 3 years and !"# can be converted into an ordinary illegal dis)issal because if you are dis)issed on the ground of

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the e0ercise of 84.D, you are dis)issed without cause. .o you can convert a !"# into an ordinary dis)issal case. ut you cannot convert an ordinary illegal dis)issal case into a !"# dis)issal. 4hose are the differences between those two. 5g7 5h7 4o violate the duty to bargain collectively as prescribed by this ,odeG 4o pay negotiation or attorneyCs fees to the union or its officers or agents as part of the settle)ent of any issue in collective bargaining or any other disputeG 9oes this provision )ake the signing bonus illegal' Ingon ang kumpanya, katong mosign sa contract tagaan ug signing bonu )***. +ala nay nagbasa sa contract. $olinya na lang. Ihap-ihap dayon ug )***. 9oes that )ake the signing bonus illegal based on 24> h' ?tCs not illegal. $hy' ecause itCs given to everybody. "ook, the provision says, to )ake negotiation feesPattys fee to the union or its officers. 4he signing bonus is not paid to the union but even to the union )e)bers as well as the bargaining unit. Jini naglisod ang ko)panya to co)e to an agree)ent to the , 2. 2nd then they found out that the union president is constructing another roo) in addition to their office. ,akamatikod ang kompannya kalit na man lang nay moabot nga truck sa hollowblock, semento. Unsa mana! -. ang nagbayad. 4hatCs a violation of 24> h. "et )e point to your attention that the wrong doing of the 18 is to pay. 4an*awang 24= e, on the part of the union.

5e7 4o discri)inate in regard to wages, hours of work and other ter)s and conditions of e)ploy)ent in order to
encourage or discourage )e)bership in any labor organi+ation. Nothing in this ,ode or in any other law shall stop the parties fro) re-uiring )e)bership in a recogni+ed collective bargaining agent as a condition for e)ploy)ent, e0cept those e)ployees who are already )e)bers of another union at the ti)e of the signing of the collective bargaining agree)ent. 1)ployees of an appropriate bargaining unit who are not )e)bers of the recogni+ed collective bargaining agent )ay be assessed a reasonable fee e-uivalent to the dues and other fees paid by )e)bers of the recogni+ed collective bargaining agent, if such non*union )e)bers accept the benefits under the collective bargaining agree)ent: #rovided, that the individual authori+ation re-uired under 2rticle 242, paragraph 5o7 of this ,ode shall not apply to the non*)e)bers of the recogni+ed collective bargaining agentG

Irievance pwede sad. 4o ask for, it is !"# to the 18 to pay negotiation fee. ?t is !"# for the unionPofficers to ask. $oingon ang union officers dali ra mani ba. ,aa lay pang tuition akong anak. +ala na. /umana ka. $hat is that' !"# because you are asking negotiation fees. 4o ask is already !"#. %ow about 18' 0 sige, kami na lang magpahiluna ana. ?s that !"#' Not yet. Paghatag nila, mao na nay ULP.

5i7 4o violate a collective bargaining agree)ent. 8e)e)ber not all violations of the provisions in , 2 constitute !"#. 4he violation )ust be gross violation. Iross violation is flagrant andPor )alicious refusal to co)ply with the econo)ic provisions in the , 2. .o it )ust be an econo)ic provision and it )ust be flagrant. ?n other words, there are no ter)inologies in the , 2 that are open to interpretation, that are a)biguous. ?f there is an a)biguous provision that can be interpreted, it cannot be a violation of the , 2. ?tCs a grievance. Ins'(t It sa#s /'(' t/' 0(!%$s$!ns $n t/' 0('&'"$ng 0a(ag(a0/4 n!t.$t/stan"$ng9 $hy' ecause )ost 18s are /uridical persons and they cannot be sub/ect to cri)inal penalty. 1ili mana nimo mapriso ang corporation, only the officers.

DAY 4 9/19/12

13

UNFAR LABOR PRACTICE OF LABOR OR7ANI:ATION5

A(t. 249. Un-a$( la2!( 0(a&t$&'s !- la2!( !(gan$;at$!ns. ?t shall be unfair labor practice for a labor organi+ation, its officers, agents or representatives: a7 4o restrain or coerce e)ployees in the e0ercise of their right to self*organi+ation. %owever, a labor organi+ation shall have the right to prescribe its own rules with respect to the ac-uisition or retention of )e)bership 4his is !"# co))itted by labor organi+ations5"D7. "DCs co))it !"# only in 2 ways, through strength or coercion. "D cannot co))it !"# by way if interference because necessarily, they interfere. .uppose labor representatives )ake speeches during "abor union asse)bly or )e)bership solicitation )eetings and they give pro)ises, which they cannot possibly co)ply with. 4hey say panganda) na)o kay kung )akadaog ta, kinhanglan anda) )o. 2tong pangayoon kotse kada trabahante. Dbviously, they cannot possibly get that. ?t has never been hurdled. N: ?s that !"#' ;outhing lies in order to solicit )e)bership in the "D. ND. 4hose are considered, in plotics, in sales, in civil law, e0aggerations in trade. "ike what sales)an does to sell his product. 4his is allowable. 2nother allowable speech upheld by the !. ., in the grounds of freedo) of speech to hold so)eone running for office because of lying to have serve the ar)ed forces. !. ., held that law is unconstitutional because the freedo) of speech gives you the freedo) to lie as long as no one is directly in/ured by your lie. $e have not gone that far here5#hils7, under 8#,, the wearing of unifor)s when you have not served is cri)inal offense. 4hat should be challenged because it has passed the !.. %ere, "D can intervene. 4hey can solicit even to the e0tent that their clai)s are e0aggerated. 4here are so )any liars. .o, if there is a worker working with others, who are )e)bers of the union, and they convince hi) to /oin the union by threatening to isolate hi). N:?s that !"#' ND. that is not !"#. .o )any spouses do that to their husbands and that is not actionable. 4he cold treat)ent is not actionable. ., says if the threat is actionable, the threat )ust constitute a cri)e. ?f the union officer says @pagbantay kay pag uli ni)o, naay bitin na duhay tiil )agpaak ni)oA, that is grave threats. 4he threat is a cri)e. ?t is actionable under 8#,. ut, threatening to withdraw friendship or to give a cold treat)ent or e0aggerated clai)s, those are not !"#. b7 4o cause or atte)pt to cause an e)ployer to discri)inate against an e)ployee, including discri)ination against an e)ployee with respect to who) )e)bership in such organi+ation has been denied or to ter)inate an e)ployee on any ground other than the usual ter)s and conditions under which )e)bership or continuation of )e)bership is )ade available to other )e)bersG 4his is the wrongful use of "D of the union security clause. ?t is !"# on the part of the union or any officers of the union to take advantage of the union security clause wrongfully. For instance, a union co)e up with charges against a )e)ber and after an investigation, the union co)e up with a ruling that he is e0pelled fro) the union. 4hereafter, union writes the )gt a letter to ter)inate the )e)ber. c7 4o violate the duty, or refuse to bargain collectively with the e)ployer, provided it is the representative of the e)ployeesG 4o be guilty of 5c7, you have to be an e0clusive bargaining agent. !"# by refusing to bargain. ?f you refuse to bargain when you have the duty to bargain and you /ust to a strike without going through a conciliation proceedings to see if there can be an a)icable settle)ent, that is refusal to bargain of you are the 1 !.

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d7 4o cause or atte)pt to cause an e)ployer to pay or deliver or agree to pay or deliver any )oney or other things of value, in the nature of an e0action, for services which are not perfor)ed or not to be perfor)ed, including the de)and for fee for union negotiationsG 4his is the original black)ail or the original e0tortion de)ands of the union. e7 4o ask for or accept negotiation or attorneyCs fees fro) e)ployers as part of the settle)ent of any issue in collective bargaining or any other disputeG or 4his is in collective bargaining. 8e)e)ber, the signing bonus does not fall into this because the signing bonus is not given to a selected few. ?t is granted to everybody and it beco)es a benefit. %ere, we are talking about .1,814 F11. given to a few or )anage)ent )akes a contribution to the union. 4hat is against this provision if it is not granted to everybody. ?f it is granted to everybody, that is a benefit. ?f it is granted only to the union officers, that beco)es a discri)inatory fee. f7 4o violate a collective bargaining agree)ent. 8e)e)ber, when it co)es to interpretation of a provision in a , 2 that is a)biguous, you cannot accuse the other party of violating the , 2 if there is a ter)inology that is a)biguous. ?f the controversy is about disciplinary rules, it cannot constitute a violation of , 2. ?t can only be a grievance which can be processed through a grievance )achinery and ulti)ately can be assigned to a voluntary arbitration. 4he -uestion of the ter)s and conditions of the , 2, its interpretation and enforce)ent, and the interpretation and i)ple)entation of co)pany personnel policies will not constitute violation of , 2. 4he only thing that can constitute a violation of , 2 by the union is with respect to the econo)ic provisions. Dnce again, you go back to the original interpretation. they flagrant and )alicious to co)ply with the econo)ic provisions of the , 2. Now, the union is a /uridical person so all purposes of deter)ining liability, it will be the officers, )e)bers of govern)ent boards, reps, agents or )e)bers of "D or associations who actually participated in authori+ed or ratified !"# shall be held cri)inally liable. 5"ast par7 4he provisions of the preceding paragraph notwithstanding, only the officers, )e)bers of governing boards, representatives or agents or )e)bers of labor associations or organi+ations who have actually participated in, authori+ed or ratified unfair labor practices shall be held cri)inally liable.

Now, the operative words are those who actually participated in authori+ed 5can be e0pressed or i)plied7 or ratified although they did not participate or consent in the !"# if they subse-uently give so)ething by which their consent or their agree)ent to its co))ission is secured then that is ratified. 4hen it is the) that is held liable. 4hat is !"#s for "Ds. N: when do !"#s as a cause of action prescribe' A(t. 290. O--'ns's. Dffenses penali+ed under this ,ode and the rules and regulations issued pursuant thereto shall prescribe in three 537 years. 2ll unfair labor practice arising fro) ook H shall be filed with the appropriate agency within one 5<7 year fro) accrual of such unfair labor practiceG otherwise, they shall be forever barred. !"# has to be filed within 3 years as cri)inal offenses penali+ed under this ,ode and the rules and regulations issued pursuant thereto shall prescribe in three 537 years. ut the 3 years you begin to count fro) and after the final and e0ecutory /udg)ent of a finding that !"# was co))itted. &ou donCt count it fro) the co))ission because fro) the co))ission you )ust first filed the , 2 aspect. .o we are thru with !"#. Now, we begin with strikes and lockouts.

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.48?J1. and "D,JD!4. 2rt. 2<2 5o7 Q.trikeQ )eans any te)porary stoppage of work by the concerted action of e)ployees as a result of an industrial or labor dispute. 3 1"1;1N4. DF .48?J1: <. te)porary stoppage of work 2. the stoppage of work is due to the concerted action of the eeCs 3. this concerted activity arose out of a labor dispute N: what is a labor dispute' 2rt 2<2 5l7 Q"abor disputeQ includes any controversy or )atter concerning ter)s and conditions of e)ploy)ent or the association or representation of persons in negotiating, fi0ing, )aintaining, changing or arranging the ter)s and conditions of e)ploy)ent, regardless of whether the disputants stand in the pro0i)ate relation of e)ployer and e)ployee. .o it can be a dead lock or a bargaining controversy or it can be a -uestionable representation or right of self* organi+ation. 41;#D828& .4D##2I1 DF $D8J 4he )e)bers of the union attack the factory and caused factory in fla)es and all the e-uip)ents were burned. ?s that a strike' 4hat is pure arson, which is punishable by 8#,. 4hey are not talking about right of the workers. 4hey are talking about a cri)inal offense. 4hat is not te)porary closure, pe)anente na. 4hatCs why you go back to the ele)ents. 4he origin of the word sabotage is fro) the French noun @sabotA. ?t is the wooden slippers of ordinary workers. 2rt 263 000 b7 $orkers shall have the right to engage in concerted activities for purposes of collective bargaining or for their )utual benefit and protection. 4he right of legiti)ate labor organi+ations to strike and picket and of e)ployers to lockout, consistent with the national interest, shall continue to be recogni+ed and respected. %owever, no labor union )ay strike and no e)ployer )ay declare a lockout on grounds involving inter*union and intra*union disputes. N: what does that tell you' 4he right to strike is vested in the "D but in the provision, it does not say so. ?n the provision, it says: 284 2<2 5o7 Q.trikeQ )eans any te)porary stoppage of work by the concerted action of e)ployees as a result of an industrial or labor dispute. y that definition, the right is vested in the eeCs, not in the union. .o there is an apparent contradiction in the law, which was not corrected by the .,. 4his was not reconciled. ?f the leaders of the union, wa pa )o naka)eeting, gipangter)inate na)o. 4he law says if the !"# is co))itted by way of ter)ination and it is the leaders that were ter)inated and the e0istend of the union is endangered, you can strike i))ediately. Now, who will file the notice of strike when there is no union yet' ,an the workers file' 4he ?88 says it )ust be the ""D. Dnly the law re-uire you to have a union <st when the er has already resorted to a drastic action that you cannot for) a union. &ou are re-uired to for) a union before you can strike and yet in the very courses of for)ing of the union, you are retiring. 4hat is the point of the law that you have to keep in )ind. DAY < 09/20/12 5TRI=E5

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$e are now in the law of strikes. 2nd this is one of the few e0ceptions to the rule that in case of doubt labor legislation is interpreted in favour of labor. ?n cases of strike law when there is doubt whether it is te0tual or it is factual the doubt is not resolved in favour of labor. ?t is resolved against labor. $hy is that' * ecause a strike is ini)ical to the general welfare clause of the constitution. ?t creates disorder, so therefore the welfare of a particular sector of #hilippine society cannot be of )ore i)portance of general society itself. .o the doubt is not resolved in favour of labor. Now, where is the right to strike vested' ?s it vested in the legiti)ate labor organi+ation as article 264 5b7 says it is or is it in the collectivity of workers as article 2<2 5o7 says' ARTICLE 2+4. Prohibited activities. 5b7 No person shall obstruct, i)pede, or interfere with, by force, violence, coercion, threats or inti)idation, any peaceful picketing by e)ployees during any labor controversy or in the e0ercise of the right to self*organi+ation or collective bargaining, or shall aid or abet such obstruction or interference. ARTICLE 212. Definitions. 5o7 @"trikeA )eans any te)porary stoppage of work by the concerted action of e)ployees as a result of an industrial or labor dispute. 4echnically speaking, each entity that professes who has the right to strike has its authority in the law itself. .o at one ti)e or another, the .upre)e ,ourt )ust decide this a)biguous holding of the law, where is it vestedE' Now, there was a ti)e about 26 years ago where the .upre)e ,ourt couldCve resolved it but it did not. $hy' #robably because it was in hurry and it did not want to conclude. $hen did that case arose' ?t was in the case of #?, at that ti)e it was still Fa)ily .avings bank, and it was )oving to #? fa)ily savings bank. 2s you all know #? is a thrift bank. ?t is owned by the owner of 9asureco, )atala) sugar refinery, and the bukidnon sugar refinery, also eastwest bank, philinvest. Now, at the height of the )artial law they decided to disinvest in the #hilippines. 4hey brought there )oney to ,anada and sold the fa)ily savings bank, which is a thrift bank, to the 2yalaCsE it is now #? fa)ily savings bank. 5father discussed about rich people owning banks7 Now, when fa)ily bank was sold to #?, #? has a union, they started organi+ing #?. 4hey even started organi+ing here. 2nd the nu)ber one organi+er here was the father of councilor "ibrado. %e was one of the accountants of one of the branches here. %e sided with the rank and file. %eCs dead now but he has a following that is why he was elected councilor, and the daughters who graduated here in ateneo lawschool, succeeded there father. 4he proble) was, the father was J;!, and he was supported by the redsB Now, when the #? savings bank found out that J;! was the one organi+ing the) they pressured there officers to withdraw fro) J;!, but J;! had already filed a strike notice to the depart)ent of labor, and they were /ust counting the nu)ber of days to lapse for the cooling off period. Now, when they got out of J;! they transferred to another federation, ? think #4F$#, when they went to #4F$#, they no longer filed another notice of strikeBBB ?..!1: do they have to file another notice of strike to co)ply with the law or was the first notice of strike already in co)pliance with the law' *it all depends now on who has the right to strike. ?f it is the labor organi+ation then they have to file a new notice of strike because they are now a new legiti)ate labor organi+ation. !4, if the right to strike is vested in the collectivitiy of the e)ployees, which is still the sa)e, then there is no need to file a new notice. Now, that was raised in the .upre)e ,ourt, the lawyer for #? at that ti)e was dean ?nigo, and that was precisely one of the points ? said that you should raise to the .upre)e ,ourt because that is a -uestion on notice. 2nd ti)e and again the .upre)e ,ourt has said that a notice of strike is an indispensable re-uire)ent. 2nd any doubt is not resolved in favour of labor. ut the .upre)e ,ourt in this case declared that their strike was illegal on other grounds e0cept thatB ;aybe if there was no other grounds, the .upre)e ,ourt could have been forced to rule on that issue. ut the .upre)e ,ourt had other grounds by which it could point out that the strike was illegalE one of the things they did during the strike was thisE they barred the ingress and egress of the bank. ?f you are to withdraw, pwede ka )usulod. ?f )ag deposit, dili pwede. 4hen at night, they use a one peso coin to tap the glassB ;akatulog ba ka anaB' Jasa)ok anaE what did 2yala do' %e said, for those workers who will stay inside and support the bank, you will be provided for with food and water and will be co)pensated the whole ti)e. 2pil na na tananB Dverti)e, night differentialB .o ang )ga e)pleyado nga ni supporta sa banko, pag hu)an sa strike, na)alit ug )ga bagong sakyananBhaha. .o, thatCs what happenedB

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.o, when ? tell you that this issue on the right to strike is an unsettled )atter is no idle -uestion. ?t is and it continues to be an i)portant -uestion. 2nd you pay attention when the case will co)e out when the ., will finally settle this issueEwho has the right to strike' Now, yesterday we saw that the law itself contains 3 ele)ents of strike. 4e)porary stoppage of work by the concerted activity of the e)ployees as a result of a labor dispute. 2nd labor dispute can be either a controversy arising fro) ter)s and conditions of work or a controversy arising fro) the e0ercise of the 84.D. $hich goes hand in hand with the two grounds for strike. Dnly two possible grounds of strikeE 28I2?N?NI 9129"D,J and !NF2?8 "2 D8 #82,4?,1. ARTICLE 212. Definitions. 5o7 @"trikeA )eans any te)porary stoppage of work by the concerted action of e)ployees as a result of an industrial or labor dispute. Now, here co)es the case of #hilippines bloo)ing )ills e)ployees association vs #hil. loo)ing )ills 5# ; steel7. # ; steel is owned by the ,heng fa)ily, very fa)ous fa)ily in )anila. 4hey were selling reinforce)ent bars. Now, there business is wipeoutE because now you can i)port it fro) china. &ou can even chose if you want standard or substandard. ;ao nay paborito sa Filipino contractorsEsubstandardB 5Father discussed about 9#$% road pro/ects by Filipino contractorsB7 # ; steel e)ployees, they wanted to protest because in a previous strike their picket lines were broken up by what they said were #asay city police )en in plain clothes. ;r. cheng hired police)en to break there police lines. .o # ; steel e)ployees wanted to protest thatB Now, when the )anage)ent heard that they were going to go on a )assive )arch to ;alacanang to protest what they said the pasay police)en did to the), the )anage)ent )ade a re-uest to the leadersE can you not leave behind a skeletal force' ecause )aking reinforce)ent bars is not like cooking su))an. 4he heating process takes 3 days, now if you leave, you need a long ti)e again to keep it at the right te)perature. Now, the union had a )eeting but they declined to give in to the re-uest. Now, when they pushed through with their activity, the e)ployer filed a notice of dis)issal. 4he union leaders were to be dis)issed for instigating an illegal strike. &ou will know later on that only the leaders will be ter)inated. 4he ordinary )e)bers, even if they participated in the strike, they are not ter)inated. .o the leaders of the union were given notices of ter)ination. 2fter they received their notices, the union filed a grievance but )anage)ent still held fast in their decision in dis)issing the). .o now the leaders were outE now they filed an illegal dis)issal co)plaint. Now, they were dis)issed because they were allegedly engaged in illegal strike. N: $hat is an illegal strike' *an illegal strike is a strike that does not co)ply with any or all of the re-uisites in procedural and substantive labor laws. ?..!1: was the strike illegal' Dr better said, was there a strike' the labor arbiter said that yes there was a strikeB 4here was a work stoppage. 4he e)ployees went in )ass, left their work. 2nd third there was a dispute as to who can e0ercise this or not. Now, the interpretation of the labor arbiter and the N"8, is the interpretation of a reasonable )an. $hy' ecause the N"8, said, the e)ployer did not re-uest the e)ployees not to e0ercise their right to concerted action. 4hey were )erely asking for a skeletal force because they did not want to lose )oney. Now, was the re-uest within the power of the union' &esB $as it reasonable' &esB .o, according to the N"8, the union was in bad faith. !4, what is the ruling of the .upre)e ,ourt' *the ., said that there was no strikeB 4he ruling that the strike was illegal was erroneous because there was not even a strike. .o what then happened' *the ., said that what happened was these e)ployees went out on a )ass de)onstration in the e0ercise of the citi+ensC right to peaceably asse)ble and petition the govern)ent for redress and grievance. 4hat is a constitutional right. 2nd that is one of the late spins of a de)ocracy. 4hat is the first right that dictators will take away. &our ability to conduct a de)onstration to protest against govern)ent e0cesses. 2nd then the ., said, you know in the constitution, in the bill of rights, not all of the rights there have e-ual i)portance. 4here are )ore i)portant rights and there are lesser rights. "ike the right of an e)ployer, his right to profits, not to lose )oney, is a property right. 4he right of the e)ployees to )arch is a higher right under the bill of rights protected by the constitution. 4he right to peaceably asse)ble and petition the govern)ent for redress and grievance is nu)ber one in the hierarchy of rights. .o between the right of the e)ployer to profits and this right of the e)ployees, this right of the e)ployees has )ore weightB

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.econd. 4his is where /ustice Feli0 ;akasiar -uotes the !. .upre)e ,ourt. ?t is right that the union insist that everyone )archesE why' ecause even if only cannot )arch, itCs a violation of everybodyCs rights. 4he ., says: 4%1 "? 184& DF DN1 ?. 4%1 "? 184& DF 2"". ?f there is one whose constitutional right, bill of rights, is violated then everybodyCs right is in danger of violation. $e are all supposed to be free fro) warrant less searches and sei+ures. ?f one is sub/ected to a warrant less search, then everyone is endangered to being sub/ected to a warrant less search. 4hat was penned by Fustice 9ouglas. 5Father discussed about /ustice 9ouglas7 the freedo) of one is the freedo) of all. 4hat was his thesis. For as long as there is one )an whose civil rights is not respected, then the rights of all are endangered. 4hen he -uotes that fa)ous rabbi, @when the 8eichstag went after the co))unist, ? /ust folded )y ar)s because that was not )e. $hen the 8eichstag went for the serbs ? did not do anything because that was not )e. $hen they were looking for the /ews, ? did not do anything for they were not able to reach )e. Finally, when they were after )e, ? was looking for those who will defend and shout )y rights but then no one was left to do that.A 4hat is the )eaning of the liberty of one is the liberty of all. 4his decision ca)e out shortly after the )artial lawE #lease read # ; steel. 4his is a very i)portant case. 4hereCs no respectable student of the bill of rights who has not read this case. 5Father discussed about )artial law and how he was picked up by 2..D7 5;an has a very short )e)oryB 4anawa naa na si bongbong sa senadoB7 5discussed about /ustice abad santos, how he was killed because he refused the Fapanese7 .o the ., says, between the property right of # ; and the right not of the union but of these ordinary citi+ens that )ake up the union, to peaceably asse)ble and to petition the govern)ent for redress and grievance, the weightier right is the latterEnot the for)er. ecause on this right depends their very e0istence, survival. Now because of that, they were doing a rightful constitutional act. 2nd in the e0ercise of that constitutional act, the work stoppage that occurred was not intended. ?t is a by product. 2nd if it were so, it wherefore is not a strike. Now, because of that ruling you have to add a fourth ele)ent. 2nd the fourth ele)ent isE&D! ;!.4 ?N41N9 4%1 $D8J .4D##2I1. ?t cannot be /ust a by product. ?f you do so)ething that is legal or in the very least, so)ething which is lawful, which is not a cri)inal act, and in the process a da)age resultsE you are not liable. ?snCt it not' 4hat is what the revised penal code says. 2 -uestion in the bar e0a)sE you went up a building and /u)ped. &ou landed on so)eone else. Now, assu)ing nabuhi ka, hu)an katong nalandingan ni)o na)atay. ,an you be held liable for that' ;aybe for negligenceB ut you cannot be liable for ho)icideB ;aybe, negligence resulting to ho)icide. ?f you )arch and because you e0ercise your right to peaceably asse)ble, work is stopped. 4hat stoppage is not a strikeE that is /ustifiable by productB 2n acceptable by productB Now, that is the sa)e argu)ent used by govern)ent e)ployees, the teachers in .chool teachers association vs "agyo, 266 .,82 323. 4he teachers of )anila said that congress has already approved and passed into law our increase in salary, in fact, already signed by the president. $hy does the secretary of education not i)ple)enting it' .o, they left the classroo)sEthey went to ;alacanang with their signs and placards. Now, the secretary of education said go back to your classroo)s. &ou only have until, for e0a)ple, ;onday to go back to your classroo)s or else your outB $e will ter)inate youE wa )an gihapon nibalikE gi ter)inate sila. Now, they filed a petition for certiorari direct to the ., to correct the grave abuse of discretion of the secretary. $hy' * ecause they said we were peaceably protesting our redress and grievance. $hat is your grievance' *naa nay balaod nga increasan a)ong sweldo pero wa gi i)ple)ent. .o the lawyer, dean pacungan of the !# college of law said, they were )erely e0ercising their right to peaceably asse)ble and petition the govern)ent for redress and grievance. Nganong gitanggal )an silaB' $hat did the .upre)e ,ourt say' %1"9: ., said, that )ight be correct for the <st day, 2nd day, or 3rd dayE but you stayed there for < )onthB Nagluto20 na )an )o didto ug saging, nang halay nag )ga ga)itE that is desertion of their duties. !nder the civil service law that )erits a dis)issal for cause. 9ili labor code ha, this is civil service law kay govern)ent teachers. .o you see the difference' ?n the private sector you will not find unions or e)ployees that go on strike for one day or even 2 days without notice, that they will be called an illegal strikeB &ou will not find that, because the ., will say that it is /ust a de)onstration.

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? a) giving you the gray areasE we will continue ne0t ti)e 5F.7 DAY + 09/21/12 RE>UI5ITE5 OF 5TRI=E5 4he for)er I.?. #res and Ien ;anger is responsible of the confusion now in the I.?.. ;any retirees are not receiving their salaries. 4hey filed a case against the #res of the !nion. 4hey constituted an investigating co))ittee to investigate the #res of the !nion. 4he #res of the !nion is a lawyer but he wanted a lawyer to be present in the investigation. 2s in .trike in LpresentM service rules. %e want to bring hi) the for)er #res of the I.?. !nion who is also a lawyer and who is also working in the I.?.. ut Iarica did not allow that. .o what happened the officers of the I.?. union and the past officers of the union gathered together during the investigation in the lobby of the office. "eft their work stations and they were there carrying placards as to their for)er union pres to be allowed in the investigation. Now there was a certain co))otion that happened, in this case there was a disturbance occurred in the first floor. 4here was no work that happened and later Iarcia filed a case against the incu)bent officers of the union for staging an illegal strike which is contrary to the ,ivil .ervice 8ules and 8egulations. ecause no Iovt. 11 is allowed to strike. Lclai)ed by IarciaM 4he way ., ruling : there is yet no law allowing govt. 11 to go on strike. Now, they brought that case to the ,ivil .ervice but the ,. did not uphold I.?. and Iarcia. .o I.?. and Iarcia went to the ,2 and the ,2 did not uphold Iarcia. $hen they reached the .,, the ., uphold the ,ivil .ervice. 4here was no strike because no strike was intended. $hat happened was they were /ust de)onstrating for a violation of their right which is clear that so)eone under investigation can bring his own council. Iarcia directed not to allow. .o, the suspension of all these respondent were nullified. I.?. was asked to pay the salaries because the whole ti)e they refused to pay salaries and the ., said that the no da)ages can be granted because the ,ivil .ervice cannot grant da)ages. 4hat is I.?. $inston Iarcia vs. ,2 L2ugust <6, 26<6M. No financial institution in the world will put so)ebody who has never run even a sari*sari store to head one of the biggest financial institutions in this country, the I.?.. LFather discussed the 2rt of #olitical .poils 9octrineM L4hen 4rillanes issue going to ,hina.M L.o)e of you will be counsels of politicians, as of )any others who are graduates of our institution. #aglingkod ni)o ana, there is so)ething your legal opinion is asked. ?t is all your hori+on of law that )ust work. &ou )ust have a good grasps of Lcourt roo)'Mlaw to co)e out of a sound opinion at a snap of your fingers.M R'? $s$t's !- a st($@' ,an be drawn fro) 263 to 264. T)E T8O 6AIN DIAI5ION5 FOR RE>UI5ITE5 OF 5TRI=E5 ARE <7 procedural re-uisites a7 Negative procedural re-uisite b7 #ositive procedural re-uisite 27substantive re-uisites a7 #ositive substantial re-uisites b7 Negative substantial re-uisite 1 NE7ATIAE 5UB5TANTIAL RE>UI5ITE5 <7 4he g(! n" -!( t/' st($@' m st n!t 2' 2as'" !n $nt(a !( $nt'( n$!n "$s0 t'. .o the cause of the strike or the reason of the strike of the underlying facts that give rise to the strike )ust not be an intra or inter*union dispute. 263 5b7 27 4he ground or the reason or the underlying facts that give rise to the strike m st n!t 2' 2as'" !n t/' %$!lat$!n !- t/' CBA4 'B&'0t $- t/' %$!lat$!n $s g(!ss $n &/a(a&t'(. 4hat is flagrant or )alicious refusal to co)ply with the econo)ic provision 26< . because if your ground or reason for the strike is a violation of the , 2. 4hat is )atter of grievance. Irievance which is ulti)ately ends up with voluntary arbitration. 4hat is not a ground or substantial cause for a strike. 37 4his right m st n!t 2' 2as'" !n t($%$al g(! n"s. y trivial is )eant inconse-uential. 2 strike is a serious undertaking. ?t creates so )uch disturbances not only in the workplace but also in the society itself. ?t is a )atter of last resort. 4here )ust be a weighty causet not /ust a trivial cause. 10. 4he case of 8eliance .urety vs. N"8, <=3 .cra 365 5<==<7. &ou are talking here about an insurance co)pany, the work place is /ust one vast floor of

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desks. 4he )gt. decide to rearrange the position of the workers. 4o solve the proble) of inefficiency Lchis)is during a work ti)eM. 4he co)pany decided to rearrange, now the union president ended up close to the ,8. .o the !nion #res. Felt slighted and because of that they declared a strike. 4he ., said that this is based on a trivial ground. 4his is so)ething that could be solved thru grievance procedure. No need of strike. &ou are not talking about )oney, earth shaking benefits. &ou are /ust talking about a union pres. so near the ,8, as probably to sy)boli+e his proper position.

#lease do not )ake a )istake of e-uating, triviality with a de)and that obviously )anage)ent cannot co)ply with. .uppose the union in , 2, asks for wage increases or benefits that the co)pany cannot obviously grant does not )ake it trivial. ?t is allowable to stage a strike on econo)ic reasons. 2nd econo)ic reasons is when union asks fro) )gt. so)ething which the )gt. has no legal obligation to grant. .o deadlock. 4hat can be a basis for strike. .uppose the deadlock occurs, because the gap of what the union is asking and what the )gt. is granting is so wide. 4hat is no longer econo)ic. 2ng gipangayo sa union <66R wage increase in salaries and )gt. is willing only to give 5R. Dbviously the )gt. cannot grant that.

N: 9oes that )ake the ground for the strike trivial' 4hat issue has twice co)e out in the ruling of the .,. First is in ,alte0 vs. #"D,5=3 phil. 2=4, <=547. .ubse-uently reiterated in the ruling of .an ,arlos vs ,?8 5< scra 746, <=6<7. F " 8eyes: the legality of the strike does not depend on the reasonableness of the econo)ic de)and. 2n unreasonable, taintedly unreasonable de)and does not )ake a strike illegal. $hy' F ": ecause whatever now the worker has en/oyed, at one ti)e or another were i)possible de)ands. 10. $orking hours.. 9uring the industrial revolution, there is <2 hours of work, 6:66*6:66. 4he first person to ask for an > hour of work is asking for an i)possible de)and. 4he i)possibility of a de)and does not translate into an unreasonable and illegal strike.

N: what do we )ean by triviality' ?t )eans with respect to the grievance )achinery now available for unions. y virtue of the special creation of with N,; , , 2 and such other )odes of conciliation and )ediation )odes available. ;atters which are ordinarily talk about.

2nother way of looking at it is in ?law at uklod ng ;anggagawa vs. N"8, L<=> .,82 5>6, <==<M. !nion of .an ;iguel the eer 9ivision, 4heir , 2 provided for built*in regular overti)e. 4he union agreed for overti)e regular. .D the working hour is not /ust > but <6 by agree)ent. 4heir overti)e co)pensation was higher than the regular overti)e pay which is 25R additional to the straight*ti)e pay. ?t was higher. ? think it was in the level of 35R pay. $hen the )gt. refuse to grant during the renegotiaition of the , 2 their key re-uest. 4he union decided first not to render the D4 that is stipulated in the , 2. 4hen the union said: $e will not work ten hours per day, > na lang. 4hen the )gt. said: 4hat is an econo)ic provision and you are violating it. 4hen the union said, we are doing this because you are not solving our wage distortion proble). 2ccording to the), there is a si+able increase granted by a wage order and you are not auto)atically )ake it effective to everybody to preserve the gap. etween the skilled and the unskilled worker. &ou )ust correct this now. ecause the )gt. did not do what the union de)anded. 4hey filed a notice of strike. Now, to cut the story short the ., said: wage distortion is serious but it is not a ground for strike.

?n the ;F8 the union said: where in the "abor ,ode does it say that wage distortion cannot be a ground for strike. 4he ., says: "abor ,ode speaks indirectly by providing that wage distortion should be threshed out in the

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Irievance ulti)ately flowing to the Holuntary 2rbitration. ?t is denying that the right to strike is a re)edy by providing another re)edy. .o it cannot be a ground of strike. .o the issue of triviality )ust be related to the re)edies. .o if there is a re)edy provided or a lesser re)edy to be appropriate then you cannot go to strike.

PO5ITIAE 5UB5TANTIAL RE>UI5ITE <7 ?t )ust be based on , 2 L9eadlock and !nfair "abor #ractice 2635c7M aC "'a"l!&@ Sis defined in .an ;iguel vs. N"8, 5364 .,82 <, <===.7 as the situation between the labor and the co)pany , where there is failure of the negotiation resulting to a stale)ate. Dr as put in ,apitol ;edical 2llaince vs. "agues)a 5267 .,82 563, <==7.7 4here is a deadlock as where there is a co)plete stopping resulting fro) an action of e-ual or enforcing forces. 4he word is syno)ous to i)passe. ?)passeS no one can pass, nagsunngag ba. #resupposing reasonable efforts and good faith bargaining which despite noble intentions does not conclude the agree)ent between the parties. !nder the Dld ?ndustrial #eace 2ct >75. 4he deadlock )ust be a sub/ect of a co)plaint or rather it )ust not be the sub/ect of a for)al co)plaint. ecause if it where then you can no longer go to strike. Now with the creation of the N,; . 4he Linter M of the N,; to conciliate and )ediate a deadlock is not yet considered a sub)ission to co)pulsory or voluntary arbitration. &ou know a conciliator differs fro) an arbitrator because a conciliator does settle a dispute. 4he conciliatorP )ediator helps the parties arrived at a solution or a resolution of a dispute. 4he arbiter instead decides this is a solution or the resolution of your dispute. 4he conciliator and )ediator )erely brings the parties together. 4o co)e to an agree)ent on how they settle a dispute. .o the sub)ission of the dispute to the N,; . 4he allowing of the N,; to co)e near and conciliate between the parties. ?s not the type of intervention that will negate the right to strike. Dnly a sub)ission to a voluntary arbitration or co)pulsory arbitration will negate the right to strike. b7 ULP 263 5c7 2C It m st 2' 2as'" !n s'($! s g(! n"s. 2s opposed to trivial grounds. "et us say here is a union. 2nd another union files a #etition for ,ertification 1lection during the freedo) period. 4he petitioner was able to )uster the 25R signature support. .o the )ed*arbiter has no choice but to grant a certification election. 2fter the ,ertification 1lection, the incu)bent losses. 2nd now, there is a new ,ertified argaining 2gent. 2nd the losing union says: ato ipakita sa atong a)o na aduna gahapon tay tao. Nga napildi ta kay dili kay wala na tay )ha tao, napildi ta kay nabusy sila ug wala na nangapil ug boto. #akita nato na kita ang naay gahu) sa bunghatan dili kay kanang bag*o dinha. ;ag strike ta. Jung )agstrike ta, )ahunong /ud ang trabaho kay daghan )an ta. #akita nato sa atong agalon. $hat is the ground fir the strike' ?s there a dispute' No, there is no dispute at all. 4hat is a trivial ground. &ou cannot stage a strike /ust to show that you have enough )e)bers. ut in practice, that is the underlying reasons. 1C t/' 0 (0!s' an" t/' m'ans m st 2' la.- l . the grounds. oth )ust be lawful. $e are already finish with the purpose which are

Now let us go to the )eans. $hat )akes the )eans lawful' "ook at the ?ssue of violence. ?s the occurrence of violence during the strike enough to take the legality of the strike of the union against the e)ployer' .,: No, the )ere occurrence of violence. 9ifferentiate between sporadic violence and pervasive violence. P'(%as$%' %$!l'n&' is violence that occurs fro) the beginning, it initiates the strike, it co)pels the strike, it is violence that )aintains the strike. 4hat )akes the strike illegal. $hat happens if there is s0!(a"$& %$!l'n&'' Dnce the Lfireworks'M e0plode otherwise it is peaceful. 4hen the responsibility is individual. ;ake the 11s who participated in the violent act liable. 4he will be the one who will be dis)issed by participating in the violent act. ecause co))itting violence against persons and property during the strike is one of the prohibited activity under 264. .o if it will be proven then you are responsible for the act. Now, strike there is a picket. ?t is re-uired that a strike )ust be )oving. 4he )o)ent you do not )ove, it is illegal. ?t is /ust that the city do not i)posed it. $hy is it illegal' ecause the space is res nullius. 4he corridor is not owned by anybody. ?t is owned by everybody. ?t is for the )oving public. Jung )agpicket gani ka, paraha lang sa kadaghanan, na nag katunggod ni)o )aglakawlakaw ka lang. 4hat is why a picket should be a )oving picket. Now, naglakawlakwa )o across the )ain gate. ?f it is an econo)ic strike, )gt has the right to engage replace)ent workers. ?f it is !"#, )gt. has no right to engage replace)ent workers. .upposed it is !"# strike. ;gt. has no right to hire replace)ent workers during strike. Naay )usolod dinha na truck. .irado ang truck, do the workers have the right to stop the truck to inspect whether the truck contains workers or war) bodies to replace the) while they are on strike. 9ecision of the .cG &es they have the right. .uppose )anage)ent refuses to yield to an inspection. 9o the !nion people have the right to proportionate force in order to inspect the vehicle. 2nswer: &es. Now do they have the right to overturn the vehicle and create a da)age' No they do not have a right, only

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proportionate force. ut )gt. na giadvisan sa abugado )ao )aning style nila. #icketKkasagaran sa #ilipinas dili )an /ud na sila )aglakaw*lakaw, )agbandera ra )an na sila. 4hat is one of the prohibited activity blovcking the ingress and egress of the workplace. 2bot dayon ang truck*panel*sirado. $a nay tao sa sulod, dili pud sila )ag sugot ufSg inspeksyon. Naa pud na silay tao na )agdala ug planka para dili )aligsan ang )ga tao. ?lugay na sila ana. Jsagaran anang abogado, )uiingun dayon.. butanagan ug grasa kanang kotse para )agkagubot gani.. ipatawag nila nag pulis ug ipaaresto nila ang )ga tao na naay grasa kay )ao tong nag tu)ba nagtuwad sa panel. 1vidence )ana. ?n 2)erica, )agpiket na sila000 4he ingress and e0gress of the working place is a battle ground. Jinsa gani )aka*occupy anaE 8e)e)ber picketing is not essential. $hat is essential is work stoppage. #icketing is not a labor right. #icketing flows fro) freedo) of speech. 4hat is why eve n you have no notice of strike youcan picket. .o please, disabuse yourself fro) a pedestrian conclusion (oi nagstrike sila kay tua )an sila nagpicket. 9ili pa, dili ka kaingun. Jung naundang na ang trabaho sa sulod )ao na nagstrike na sila. ;alay )o second shift diay ang nagpicket, while ang first shift naa pa sa sulod. Filan na ni)o sila ug illegal dis)issal. 4hey did not violate anything. .trike and picket are two different activities ste))ing fro) two different rights. Dne is right to self*organi+ation while the other is freedo) of speech. .elf*organi+ation right is a protected right. #icketing is a privileged right, it is not /ust protected it is privileged. ?t cannot be sub/ected to any pre*condition. ?t cannot be sub/ected to re-uisites. $hether procedural or substantial. ecause the ., has already said the freedo) of speech. DF(''"!m !- 50''&/E 2nyone who passes any restriction whether it is censorship, #acification of )ovies, curtailing freedo) of speech is presu)ed to be invalid. For purposes all laws censoring, curtailing the freedo) of speech co)es to this court with a heavy burden of proving its validity. 4he only correction for abuse of speech is )ore speech. .ulawi intawon, insulto20 ka kay ;oha))ed, nagriot ang tibouk kalibutan. 4hat is why, internal the basic proble) is internal Lconventions'M %a, the very essence of freedo) of speech is freedo) to say what is unacceptable to everybody. ?f you can say so)ething unacceptable to everybody. 4hen there is freedo) of speech. ?f you can burn a flag. 4hen there is no censorship of the content of speech. 4hen there is really freedo) of speech. .o)e are advocating that the solution is all the press should co)e out with things of L'M /ust to show the ;osle) world this is freedo) of speech and you have to accept it. ecause the proble) is you, not the world. 9oes it stand to reason, or your still doubt you understanding of your political lawE because that is freedo) of speech. 1N9

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<6P63P<2 A(t. 2+1. 5t($@'s4 0$&@'t$ng an" l!&@! ts. 5g7 $hen, in his opinion, there e0ists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the .ecretary of "abor and 1)ploy)ent )ay assu)e /urisdiction over the dispute and decide it or certify the sa)e to the ,o))ission for co)pulsory arbitration. .uch assu)ption or certification shall have the effect of auto)atically en/oining the intended or i)pending strike or lockout as specified in the assu)ption or certification order. ?f one has already taken place at the ti)e of assu)ption or certification, all striking or locked out e)ployees shall i))ediately return*to*work and the e)ployer shall i))ediately resu)e operations and read)it all workers under the sa)e ter)s and conditions prevailing before the strike or lockout. 4he .ecretary of "abor and 1)ploy)ent or the ,o))ission )ay seek the assistance of law enforce)ent agencies to ensure co)pliance with this provision as well as with such orders as he )ay issue to enforce the sa)e. ?n line with the national concern for and the highest respect accorded to the right of patients to life and health, strikes and lockouts in hospitals, clinics and si)ilar )edical institutions shall, to every e0tent possible, be avoided, and all serious efforts, not only by labor and )anage)ent but govern)ent as well, be e0hausted to substantially )ini)i+e, if not prevent, their adverse effects on such life and health, through the e0ercise, however legiti)ate, by labor of its right to strike and by )anage)ent to lockout. ?n labor disputes adversely affecting the continued operation of such hospitals, clinics or )edical institutions, it shall be the duty of the striking union or locking*out e)ployer to provide and )aintain an effective skeletal workforce of )edical and other health personnel, whose )ove)ent and services shall be unha)pered and unrestricted, as are necessary to insure the proper and ade-uate protection of the life and health of its patients, )ost especially e)ergency cases, for the duration of the strike or lockout. ?n such cases, therefore, the .ecretary of "abor and 1)ploy)ent )ay i))ediately assu)e, within twenty four 5247 hours fro) knowledge of the occurrence of such a strike or lockout, /urisdiction over the sa)e or certify it to the ,o))ission for co)pulsory arbitration. For this purpose, the contending parties are strictly en/oined to co)ply with such orders, prohibitions andPor in/unctions as are issued by the .ecretary of "abor and 1)ploy)ent or the ,o))ission, under pain of i))ediate disciplinary action, including dis)issal or loss of e)ploy)ent status or pay)ent by the locking*out e)ployer of backwages, da)ages and other affir)ative relief, even cri)inal prosecution against either or both of the). 4he foregoing notwithstanding, the #resident of the #hilippines shall not be precluded fro) deter)ining the industries that, in his opinion, are indispensable to the national interest, and fro) intervening at any ti)e and assu)ing /urisdiction over any such labor dispute in order to settle or ter)inate the sa)e. $hen, in his opinion, there e0ists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest. 8e)e)ber, that is < of the instances when there could be an in/unction. ecause when the .ecretary assu)es /urisdiction over the labor dispute then, rights are en/oined whether it is intended or it is in progress holds rights are en/oined. 4hat is the pri)ary effect. Dn the part of the union, their rights are en/oined. Dn the part of the )anage)ent, )gt )ust accept all back to work. 1FF1,4. DF 2..!;#4?DN DF F!8?.9?,4?DN <7 effect is hold strikes and lockouts between the sa)e parties are en/oined 27 all workers have to return to work and the er )ust accept the) 5#"94 vs ;anggagawa Fuly <4, 26657 4he union opposed the separation of telephone operators. 4he dates are very crucial because there is a cooling off period. 4he )o)ent they received the notice, the union decided to go on strike. 4hey filed a notice of strike on the grounds of !"# dis)issal. 4he cooling off period is <5 days, which is shorter than the <*)onth notice under 284 2>3. No a)icable settle)ent was arrived at. 4he cooling off period e0pired. they waited because at the end of the < )onth notice, they will be paid. 2fter getting paid and signed, they went on strike. 4he strike was already in progress for 3 days. 4hat is when the assu)ption of /urisdiction ca)e. .o the strike was en/oined and all the workers went back to work. ?..!1: are those telephone operators, who already received pay)ents, should return to work' ?s the co)pany still obliged to accept the)' %1"9: they have to return to work. 4he criterion is you have to return the situation to the status -uo ante. 4he status -uo before the dispute was when the operators were still workers. $hether or not they were rightfully dis)issed does not )atter. 2s 2rticle 2635g7 is clear and une-uivocal in stating that 2"" striking or locked out e)ployees shall i))ediately return to work and the e)ployer shall i))ediately resu)e operations and read)it 2"" workers under the sa)e ter)s and conditions prevailing before the strike or lockout, then the un)istakable )andate )ust be followed by the .ecretary.

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2rticle 2635g7 directs that the e)ployer )ust read)it all workers under the sa)e ter)s and conditions prevailing before the strike. .ince the strike was held on the afore)entioned date, then the condition prevailing before it, which was the condition present on 22 9ece)ber 2662, )ust be )aintained. 5!?, vs .1,, Fanuary <4, 26657 4he faculty of !?, /ust installed their president. 4he union says that the division heads are faculty and part of the bargaining unit. !?, says that they are holding supervisory positions. 4hat beca)e a ground of a notice of strike. H2 said that depart)ent heads hold supervisory position. .ec assu)ed /urisdiction after the H2 decision beca)e final and e0ecutory and the strike was in progress. 2ll workers )ust return to work. !?, said that depart)ent heads are not included since H2 decision beca)e final. ?..!1: can the sec upon assu)ption of /urisdiction over labor dispute order the 18 to reinstate the 11 ter)inated even if those ter)inated 11Cs are not part of the bargaining unit and their ter)ination was covered by the decision of Holuntary 2rbitrator and such decision beca)e final and e0ecutory' %1"9: &1.. ?t is well to re)ind both parties herein that the )ain reason or rationale for the e0ercise of the .ecretary of "abor and 1)ploy)entCs power under 2rticle 2635g7 of the "abor ,ode, as a)ended, is the )aintenance and upholding of the status -uo while the dispute is being ad/udicated. %ence, the directive to the parties to refrain fro) perfor)ing acts that will e0acerbate the situation is intended to ensure that the dispute does not get out of hand, thereby negating the direct intervention of this office. 4he !niversityCs act of suspending and ter)inating union )e)bers and the !nionCs act of filing another Notice of .trike after this Dffice has assu)ed /urisdiction are certainly in conflict with the status -uo ante. y any standardsL,M these acts will not in any way help in the early resolution of the labor dispute. ?t is clear that the actions of both parties )erely served to co)plicate and aggravate the already strained labor*)anage)ent relations. 5Fi)co vs rillantes ;ar <7,<===7 (/udge /ust sign what his researcher wrote 5;.F vs ,2 2ug 5,<===7 (innocent bystander case 3. all cases between the sa)e parties e0cept when certification specifies otherwise, the issues sub)itted for arbitration that were already filed and that are relevant shall be considered absorbed by the appropriate division of N"8, or the .ec in case of assu)ption of /urisdiction. 52nd par of sec.3b ruleH???7 5?nternational #har)a vs .ec <==27 ( correct decisionG not the #2" case 5#2" vs .ec 9rilon<==<7* opposite ruling of ?nternational #har)a vs .ec. ., was in error when it ruled that .ec has no /urisdiction over the issue. ?f there are others cases between the union and the )anage)ent and they are pending in other fora 5H2, N"8,7, those are subsu)ed in the assu)ption of /urisdiction order and shall be decided by the .ec. 4hey are consolidated so that there will be thorough resolution of the dispute between the parties. 4he decision of the .ec in the assu)ption of /urisdiction is not appealable to the ,2. ?t is )y sub)ission that even if there are other cases that are pending between the sa)e parties at the ti)e the .ec assu)ed /urisdiction but those cases are already in the level of ,2 or .,, they are no longer consolidated. $hy' 4he sec is below the ,2 and the .,. .o in those instances, they are no longer consolidated. 4hereCs no ., ruling yet. 4. parties )ust continue to )ediate and reconciliate under the N; N: ?s the assu)ption of sec a co)pulsory arbitration' $hy is )ediation and reconciliation re-uired when there is already co)pulsory arbitration' 4he law says if there is still possibility of arriving at a settle)ent thru a co)pro)ise agree)ent that will be acceptable. 1ven if there is co)pulsory arbitration, there are still avenues for out of court settle)ents. 5. parties )ust refrain fro) co))itting further acts that aggravate the dispute A(t. 217. F ($s"$&t$!n !- t/' La2!( A(2$t'(s an" t/' C!mm$ss$!n. T00

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b7 4he ,o))ission shall have e0clusive appellate /urisdiction over all cases decided by "abor 2rbiters. 0000 2rt 2<7 5a7 is for the labor arbiter. 5b7 is for the N"8, N"8, has original /urisdiction when the sec certifies a labor or industrial dispute to the N"8,. 5.to. 4o)as vs N"8, 7 ., says the N"8, when sitting in a co)pulsory arbitration case certified by the sec is not taking the role of ad)in court but an ad)in body in charge with the duty to i)ple)ent the order of the sec. N: if you continue to strike, what is the atatus of the strike' 5.t. .cholastica vs 4orres7 it beco)es a prohibited activity. 4he penalty for strike of prohibited activity is )ore stringent than illegal strike. $hether you are an ordinary )e)ber of the union or union president, the )ere participation in the strike after the assu)ption is enough for you to lose for e)ploy)ent status. &ou are ter)inated. ?llegal strike is illegal because it failed to co)ply with the substantial and procedural re-uisites. Dnly officers who participate are ter)inated. 2 prohibited strike is staged after the sec assu)ed /urisdiction over the labor dispute.

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