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Title VII: Strikes and Lockouts and Foreign Involvement in Trade Union certification order.

ification order. If one has already taken place at the time of


Activities assumption or certification, all striking or locked out employees shall
immediately return to work and the employer shall immediately resume
Art. 277. Strikes, Picketing, and Lockouts operations and readmit all workers under the same terms and
conditions prevailing before the strike or lockout. The Secretary of Labor
(a) It is the policy of the State to encourage the free trade unionism and and Employment or the Commission may seek the assistance of law
free collective bargaining. enforcement agencies to ensure compliance with this provision as well
(b) Workers shall have the right to engage in concerted activities as with such orders as he may issue to enforce the same
for purposes of collective bargaining or for their mutual benefit
and protection. The right of legitimate labor organization to In line with the national concern for and the highest respect accorded to
strike and picket and of employers to lockout consistent with the right of patients to life and health, strikes and lockouts in hospitals,
national interest, shall continue to be recognized and clinics and similar medical institutions shall, to every extent possible, be
respected. However, no labor union may strike and no avoided and all serious efforts not only by labor and management, but
employer may declare a lockout on grounds involving inter- the government as well shall be exhausted to substantially minimize, or
union and intra-union disputes. not prevent their adverse effects on such life and health, through the
(c) In cases of bargaining deadlocks, the duly certified and recognized exercise, however, legitimate, by labor of its right to strike and by
bargaining agent may file a notice of strike or the employer may file a management to lockout. In labor disputes adversely affecting the
notice of lockout with the Ministry at least 30 days before the intended continued operation of such hospitals, clinics or medical institutions, it
date d shall be the duty of the striking union or locking out employer to
(d) The notice must be in accordance with such implementing rules and provided and maintain an effective skeletal workforce of medical and
regulations as the Minister of Labor and Employment may promulgate. other health personnel whose movement and services shall be
(e) During the cooling-off period, it shall be the duty of the Ministry to exert unhampered and unrestricted, as are necessary to insure the proper
all efforts at mediation and conciliation to effect a voluntary settlement. and adequate protection of the life and health of its patients, most
Should the dispute remain unsettled until the lapse of requisites number especially emergency cases, for the duration of the strike or lockout. In
of days form the mandatory filing of the notice, the labor union may such cases, therefore, the Secretary of Labor and Employment may
strike or the employer may declare a lockout. immediately assume, within twenty four (24) hours from knowledge of
(f) A decision to declare a strike must be approved by a majority of the the occurrence of such a strike or lockout, jurisdiction over the same or
total union membership in the bargaining unit concerned, obtained by certify it to the Commission for compulsory arbitration. For this purpose,
secret ballot in a meeting called for that purpose. The decision shall be the contending parties are strictly enjoined to comply with such orders,
valid for the duration of the dispute based on substantially the same prohibitions and/or injunctions as are issued by the Secretary of Labor
grounds considered when the strike or lockout vote was taken. The and Employment or the Commission, under pain of immediate
Ministry may, at its own initiative or upon the request of any affected disciplinary action, including dismissal or loss of employment status or
party, supervise the conduct of secret balloting, in every case the union payment by the locking-out employer of backwages, damages and other
or the employer shall furnish the Ministry the results of the voting, at affirmative relief, even criminal prosecution against either or both of
least 7 days before the intended strike or lockout, subject to the cooling them.
off period herein provided.
(g) When, in his opinion, there exists a labor dispute causing or likely to The foregoing notwithstanding, the President of the Philippines shall not
cause a strike OR lockout in an industry indispensable to the be precluded from determining the industries that, in his opinion, are
national interest, the Secretary of Labor and Employment may indispensable to the national interest, and from intervening at any time
assume jurisdiction over the dispute an decide it to certify the same to and assuming jurisdiction over any such labor dispute in order to settle
the Commission for compulsory arbitration such assumption or or terminate the same.
certification shall have the effect of automatically enjoining the intended
or impending strike or lockout as specified in the assumption or

Labor II. Araneta. AY2015-2016. 1


(h) Before or at any stage of the compulsory arbitration process, the parties (c) No employer shall use or employ any strike-breaker, nor shall
may opt to submit their dispute to voluntary arbitration. any person be employed as a strike-breaker.
(i) The Secretary of Labor and Employment, the Commission or the
voluntary arbitrator shall decide or resolve the dispute, as the case may (d) No public official or employee, including officers and personnel of the
be within 30 days from the date of the assumption of jurisdiction or the New Armed Forces of the Philippines or the Integrated National Police,
certification of submission of the dispute, as the case may be. The or armed person, shall bring in, introduce or escort in any manner, any
decision of the President, the Secretary of Labor and Employment, the individual who seeks to replace strikers in entering or leaving the
Commission or the voluntary arbitrator shall be final and executory ten premises of a strike area, or work in place of the strikers. The police
(10) calendar days after receipt thereof by the parties. (As force shall keep out of the picket lines unless actual violence or other
amended by Section 27, Republic Act No.6715, March 21, 1989) criminal acts occur therein: Provided, That nothing herein shall be
interpreted to prevent any public officer from taking any measure
necessary to maintain peace and order, protect life and property, and/or
Art. 278. PROHIBITED ACTIVITIES enforce the law and legal order. (As amended by Executive Order No.
111, December 24, 1986)
(a) No labor organization or employer shall declare a strike or lockout
without first having bargained collectively in accordance with Title (e) No person engaged in picketing shall commit any act of violence,
VII of this Book or without first having filed the notice required coercion or intimidation or obstruct the free ingress to or egress from
in the preceding Article or without the necessary strike or the employers premises for lawful purposes, or obstruct public
lockout vote first having been obtained and reported to the thoroughfares. (As amended by Batas Pambansa Bilang 227, June 1,
Ministry. 1982)

No strike or lockout shall be declared after assumption of jurisdiction by


the President or the Minister or after certification or submission of the Right to Engage in Concerted Activities
dispute to compulsory or voluntary arbitration or during the pendency of Article XIII, Section 3 of the Constitution commands the state to
cases involving the same grounds for the strike or lockout. guarantee the rights of all workers to self-organization, collective
bargaining and negotiations, and peaceful concerted activities, including
Any worker whose employment has been terminated as a consequence the right to strike in accordance with the laws.
of any unlawful lockout shall be entitled to reinstatement with Art. 277 of the Labor Code declared that in line with the policy of the
full backwages. Any union officer who knowingly participates in an State to encourage free trade unionism and free collective barging,
illegal strike and any worker or union officer who knowingly participates workers shall have the right to engage in activities for purposes of
in the commission of illegal acts during a strike may be declared to have collective bargaining or for their mutual benefit and protection a similar
lost his employment status: Provided, That mere participation of a tight to engage in concerted activities for mutual benefit and protection
worker in a lawful strike shall not constitute sufficient ground is tacitly and traditionally recognized
for termination of his employment, even if a replacement had
been hired by the employer during such lawful strike. What is concerted activity?
Generally, when an activity is planned and accomplished by two or
(b) No person shall obstruct, impede, or interfere with, by force, violence, more people acting together, or by one acting on behalf of others, it is a
coercion, threats or intimidation, any peaceful picketing by employees concerted activity
during any labor controversy or in the exercise of the right to self-
organization or collective bargaining, or shall aid or abet such What is a Strike?
obstruction or interference. Defined as a cessation of work by the employees in an effort to get
more favorable terms for themselves, or as a concerted refusal by
employees to do any work for their employer, or to work at their

Labor II. Araneta. AY2015-2016. 2


customary rate of speed, until the object of the strike is obtained According to DO No. 40-03 only these 2 grounds are valid grounds for
granting the demanded concession strikes/lockouts:
Under the Labor Code: strike means any temporary stoppage of work
by the concerted action of employees as a result of an industrial or 1. bargaining deadlocks and
labor dispute 2. unfair labor practices

Characteristics: Discussions on other grounds:


1. established relationship between the strikers and the person or persons inter-union or intra-union disputes are not valid grounds for strikes and
against whom the strike is called; lockouts
2. the relationship must be one of employer and employee there must be notice
3. the existence of the labor dispute between the employer and the that after notice, there must be compliance with the proper voting
employee requirements
4. the utilization of by the labor of the weapon of concerted stoppage of
work as a means of persuading, or coercing compliance with the Are strikes and lockouts subject to injunction?
working mens demands General Rule: No. They are not subject to labor injunctions or restraining
5. the contention advanced by the workers that although work ceases, the orders
employment relation is deemed to continue albeit in a state of Except: in those cases or for reasons specified, such as in national interest
belligerent suspension cases or of prohibited acts under Article 278.
6. there is work stoppage, which stoppage is temporary
7. the work stoppage is done through concerted action of the employees Requisites of A valid Lockout
8. striking group is a legitimate labor organization and ,in case of 1. notice of intention to declare a strike/ lockout to the Department of
bargaining deadlock, is the employees sole bargaining Labor
representative. 2. cooling-off period has elapsed since the filing of the notice before the
lockout is declared
a. 15 days if ULP strike/lockout
What is a lockout? b. 30 days if bargaining strike/lockout
c. no cooling off period if ULP is union Busting
Temporary refusal of any employer to furnish work as a result of 3. an impasse has resulted in the negotiations;
an industrial or labor dispute; it is an employers act excluding 4. the strike/lockout is not discriminatory
employees who are union members from the plant
Examples of Valid grounds for lockout:
1. in anticipation of a strike motivated by economic considerations
Strikes and Lockouts 2. in response to in protected strike or walkout
Similar because they both connote the temporary stoppage of work 3. in response to whipsaw strikes
Only difference: identity of the doer, and certain rules that at
clearly inapplicable: identity of the voters, the number of votes Examples of illegal lockouts: it is illegal if it is sought only to destroy or
required and nonobservance of cooling off period in case of defeat the organization and bargaining rights of the employees
union busting 1. to discourage and dissipate membership in a labor organization
Hence, the law regulates and treats them similarlylimits applicable to 2. to aid a particular union by preventing further organizational work of its
both rival, or to coerce the employees to join a favoured union
3. to avoid bargaining
Grounds for Strikes and Lockouts:

Labor II. Araneta. AY2015-2016. 3


Kinds of Strikes: law to grant making him desist from further
Extent committing such practices
General- extends over a whole Local- one undertaken by workers in a
community, province, state, or country particular enterprise, locality, or
occupation; it usually involves only one Some cases:
union or only one industry
Nature of the Act 1. when the NCMB declared that there is no ULP, the strike will be illegal
Strike Proper Sit-down Strike- when a group of (National Union of Workers in Hotels vs Peninsula Hotel)
employees or others interested forcibly 2. general strike not valid strike so as to excuse them from work
take over possession of the property of
such business and deprive the owners
of the possession on the part of the Requisite valid Strike: Existence of Labor Dispute
employees; combination of strikes plus Includes any controversy or matter concerning terms and conditions of
the refusal of the employees to leave employment or the terms and conditions of employment or the
the premises association or representation of person sin negotiating, fixing,
Partial or Quickie Strike- takes the Slowdown- willful reduction in the maintaining, changing, or arranging the terms and conditions of
form of intermittent and unannounced rate of work by a group of employees employment
work stoppage, unauthorized extension for the purpose of restricting the
of rest periodsthis however violates output of the employers and without Premature Strikes (Jurisprudence)
the labor contract and is not complete stoppage of the work Strike was declared before the Board had any chance to consider and
authorized by the union act on t he demands of the union]
Degree of Employee Interest Petitioners went on a strike knowing that the Treasurer, the only officer
Primary- one declared by the Secondary- adopted by workers present at such time, could not act on their demands and did not allow
employees who are directly and against an employer connected by the treasurer to transmit the demands to the President abroad
immediately interested, in the subject product or employment with alleged Pending investigation
of the dispute, existing between them unfair labor conditions or practices; Pending the arbitration and conciliation about the same issue
and the employer group of employees refuse in concert
remain at work for an employer, not But not illegal Although the union did not wait for the lapse of the cooling-off
because of any complaint over their period when...
labor standards under him, but the strikers sent notices four months before but was not acted upon
because he persists in dealing with and were ignored
third persons against whom they have the company sent notices to the employees to change their union
grievance membership, otherwise, they will be laid off from work
Sympathetic Strike- since a valid strike presupposes a labor dispute, it follows
that a sympathetic strike is illegal. This is because, the employees who join the
strike have no demands or grievance of their own and are only doing such in the
aid of other; this is because there is no labor dispute between strikers and the What is a strikebreaker?
employer Is a person who obstructs, impedes, or interferes with by force,
Purpose or Nature of Employee Interest violence, coercion, threats or intimidation any peaceful picketing by
Economic or bargaining Strike- Unfair Labor Practice Strike- employees during any labor controversy affecting wages, hours or
force wage and other concessions from against the unfair labor practices of the conditions of work or in the exercise of the right of self-organization or
the employer, which is not required by employer, usually for the purpose of collective bargaining

Labor II. Araneta. AY2015-2016. 4


in prescribed form to be submitted to the DOLE, through regional Branch of NCMB by a
Status of Strikers legitimate labor organization
Mere participation in a strike, without participating in illegal acts, does Notice of Strike

not sever the employment relationship

Dismissible By Participation in strike?


thirty days for bargaining deadlock; 15 days for unfair labor practice; no cooling-off
Legal Strike Illegal Strike period for union busting
Union Officer No Yes Cooling- Off Period

Union Member No No

during the cooling- off period, the NCMB shall mediate


Dismissible by Commission of Illegal Act in a strike the parties shall not do any act which may disrupt or impede the early settlement of the
dispute
Legal Strike Illegal Strike mediation/
conciliation by NCMB
Union Officer Yes Yes
Union Member Yes No
a strike vote should be taken by secret balloting specially called for the purpose
the Board shall assist and supervise the conduct of secret balloting and the results must
Strike Vote : 50 % +1 be sent to the Board at least 7 days before the intended strike, subject to the cooling off
Determining the Legality or Illegality of A Strike of the total union
membership
period
6 factors, according to Toyota vs Toyota (2007):
1. First Requirement: it must not be contrary to a specific
prohibition of law, such as strike by employees performing
governmental functions
o government employees may not resort to a strike if the No Cooling-off period for Union Busting
purpose of such is to compel the government to change what Elements of union-Busting:
is provided for already by law. the relationship between 1. the union officers are being dismissed
government employees and the government is governed by 2. those officers are the ones duly elected in accordance with the
law and not by CBAs union constitution and by-laws
3. the existence of the union is threatened
2. Second Requirement: it must not violate a specific requirement
of law including, Procedural Requirements
The requirements are mandatory and non-compliance 3. Third: the Purpose must be legal and not Declared for an
therewith makes the strike illegal. unlawful purpose, such as inducing the employer to commit an
Consequently, the officers of the union who unfair labor practice against non-union members
participated therein are deemed to have lost their
employment status Only valid Grounds:
1. collective bargaining deadlock
2. ULP

Hence, the following are not valid grounds:


1. intra- or inter-union disputes
2. violation of labor standards law except

Labor II. Araneta. AY2015-2016. 5


h. PAID NEGOTIATION: To pay negotiation or attorneys fees to the
Art. 248. Unfair labor practices of employers. It shall be unlawful for an union or its officers or agents as part of the settlement of any issue in
employer to commit any of the following unfair labor practice: collective bargaining or any other dispute; or
i. VIOLATION OF THE CBA: to violate a collective bargaining
a. Interference (IRC): To interfere with, restrain or coerce employees in agreement.
the exercise of their right to self-organization;
b. YELLOW DOG: To require as a condition of employment that a person 3. Cases pending at the DOLE, BLR, NLRC, CA, VA
or an employee shall not join a labor organization or shall withdraw
from one to which he belongs; 4. Execution and enforcement of decision of cases
c. CONTRACTING OUT: to contract out services or functions being
performed by union member when such will interfere with, restrain or
coerce employees in the exercise of their rights to self-organization Conversion Doctrine: a strike may start as economic and, as it
a. RUNAWAY SHOPS: industrial plant moved by its owners progresses, become ULP, or vice versa
from one location to another to escape union labor legislations
and state laws 5. minority union, to compel recognition, cannot stage a strike
i. Relocation animated by anti- union animus 6. but strike to oust an obnoxious employee may be a ground
d. COMPANY UNIONISM: to initiate, dominate, assist or otherwise 7. salary distortion not a ground
interfere with the formation or administration of any labor organization 8.
including the giving of financial or other support to it or its organizers or
supporters Requisites of ULP Strike in Good faith:
e. DISCRIMNIATION FOR OR AGAINST UNION MEMBERSHIP: to saves the strike from being declared illegal and the striker from being
discriminate in regard to wages, hours of work and other terms and declared to have lost their employment status
conditions of employment in order to encourage or discourage both parties have committed acts which understandably
membership in any labor organization. Nothing in this Code or in any induced each other to believe that the other was guilty of such
other law shall stop the parties from requiring membership in a practices
recognized collective bargaining agent as a condition for employment,
except those employees who are already members of another union at 1. Objectively, when the strike is declared in protest of unfair labor
the time of the signing of the collective bargaining agreement. practice which is found to have been actually committed;
Employees of an appropriate bargaining unit who are not members of 2. Subjectively, when a strike is declared in protest of what the union
the recognized collective bargaining agent may be assessed a believed to be unfair labor practices committed by the management,
reasonable fee equivalent to the dues and other fees paid by members and the circumstances warranted such belief in good faith, although
of the recognized collective bargaining agent, if such non-union found subsequently as not committed
members accept the benefits under the collective bargaining a. Substantial claims must be presented by the union for
agreement: Provided, that the individual authorization required under believing that there is ULP
Article 242, paragraph (o) of this Code shall not apply to the non-
members of the recognized collective bargaining agent;
f. DISCRIMINATION BECAUSE OF TESTIMONY: To dismiss, 4. FOURTH: employs unlawful means in the pursuit of its
discharge or otherwise prejudice or discriminate against an employee objectives
for having given or being about to give testimony under this Code; (1) Commit any act of violence, threat, coercion, or intimidation
g. VIOLATION OF DUTY TO BARGAIN: To violate the duty to bargain (2) Obstruct the free ingress to or egress form the employers premises
collectively as prescribed by this Code; for lawful purposes
(3) Obstructs public thoroughfares

Labor II. Araneta. AY2015-2016. 6


(4) Commission of crimes and other unlawful acts in carrying out the improved offer the striking workers shall immediately return to work and the
strike employer shall thereupon readmit them upon the signing of the agreement.
(5) Violation of any order, prohibition, or injunction issued by the
DOLE Secretary, or NLRC in connection with the assumption of In case of a lockout, the Department of Labor and Employment shall also
jurisdiction/ certification order conduct a referendum by secret balloting on the reduced offer of the union on or
before the 30th day of the lockout. When at least a majority of the board of
Note however that where violence was committed on both sides during directors or trustees or the partners holding the controlling interest in the case of
a strike, such violence cannot be around for declaring such strike as a partnership vote to accept the reduced offer, the workers shall immediately
illegal return to work and the employer shall thereupon readmit them upon the signing
The liability for violence during the strike is individual and not collective of the agreement.

5. FIFTH: declared in violation of an injunction

National interest exceptions to injunction bar


Automatic injunction: Where there is a labor dispute causing or likely
to cause a strike affecting national interst, the Secretary of Labor may
either assume jurisdiction or certify the dispute to the NLRC for
compulsory arbitration
Assumption of certification order is immediately effective even
without return-to-work Order
o Certification of the dispute to the NLRC makes the continuation
of the strike illegal, provided that the parties are duly notified
of the certification order. Notice to the parties is a prerequisite
even of the order states that it is immediately executory.

6. contrary to an existing agreement

Is a no-Strike Clause valid?

It depends, a no-strike clause is applicable only to economic strikes. Corollarily,


of the strike is founded on an unfair labor practice of the employer, a strike
declared by the union cannot be considered as a violation of the no-strike clause.

It generally deserves respect by the parties to the CBA and by the


Labor Authorities because of the primacy of Voluntary Arbitration

Art. 265. Improved offer balloting. In an effort to settle a strike, the


Department of Labor and Employment shall conduct a referendum by secret
ballot on the improved offer of the employer on or before the 30th day
of the strike. When at least a majority of the union members vote to accept the

Labor II. Araneta. AY2015-2016. 7


What is Picketing? Untruthful picketing: carrying of placards and banners not carrying the
Involves the presence of striking workers or their union brothers who truthfalse statements are not constitutionally protected free speech
pace back and forth before the place of business of an employer o Making misrepresentations
considered unfair organized labor, in the hope of being able to
persuade peacefully other workers not to work in the establishment, Other Concerted Activities:
and customers not to do business there. Collective letters
Picketing almost always accompanies a strike. But there may be Publicationmaking known the facts of the labor dispute to the public
picketing without strike because employees may picket without wearing of arm bands
engaging in work stoppage
Boycotting
Limits to a moving picket: lawful purpose and lawful means attempt by arousing fear of loss, to coerce others, against their will to
The public easement of way or passage permits the pickets to parade in withhold form one denominated unfriendly to labor their beneficial
front of or near the picketed establishment business intercourse
This however, is one of passagea pedestrian right. It does not create o intent is to injure another by preventing any and all persons
the additional rights of squatting or assembly in this portion of the form dealing business with him, through fear of incurring the
establishment of the employer. displeasure, persecution, and vengeance of the conspirators
Picketing, so conducted as to amount to a nuisance is unlawful
o Obstruction to free use of property so as to substantially
interfere with the comfortable enjoyment of life or property Purpose methods
o If it constitutes an unlawful obstruction Legal Advancement of wages, Free of violence or
o If accompanied by intimidation, threats, violence, and coercion improvement of malevolence
o Interferes with the peaceful ingress and egress to and from the conditions of labor,
employers shop shortening of periods of
o Obstructs public thoroughfaressidewalks, entrance labor, engagement of
o A picketing labor union has no right to prevent employees of union employees, and
another company from getting in and out of its rented reinstatement under
premises, otherwise, it will be held liable for damages for its contract of union men
act against innocent bystanders dismissed because of
o Right may be regulated at the instance of third parties or union affiliation
innocent bystanders of if it appears that the inevitable result illegitimate Purpose is to require an Interference with ones
of tits exercise is to create an impression that a labor dispute employer to coerce his patronage by persuading
with which they have no connection or interest exists between employees to pay their his ppatrons against
them and the picketing union or constitute an invasion of their back dues to the union their will, or preventing
rights. or discharge them or to them by measn of
o Generally, picketing of a private home in a residential district is compel the payment by violence or threats, from
generally held improper, even when the picketers are domestic an employee of a fine or having beneficial
servants. other penalties, pr to business intercourse
A home is not an industrial or business enterprise, compel an employee to
that it is not acquired or maintained for pecunirary refreain form working, or
gain or profit to compel employmen of
Use of intimidation, threats, coercion, or force is unlawful no mater how more help than is
laudable the motive or purpose is necessary

Labor II. Araneta. AY2015-2016. 8


Strikes and Lockouts
Consequences of Concerted Actions
Slowdowns
is a method by which ones employees, without seeking a complete
stoppage from work, retard production and distribution in an effort to
compel compliance by the employer with the labor demands made upon Under Article 278
him.
It may or may not be accompanied by a strike Dismissible By Participation in strike?
Considered as strike on installment Legal Strike Illegal Strike
Union Officer No Yes
Union Member No No

Art. 266. Requirement for arrest and detention. Except on grounds of Dismissible by Commission of Illegal Act in a strike
national security and public peace or in case of commission of a crime, no union Legal Strike Illegal Strike
members or union organizers may be arrested or detained for union activities Union Officer Yes Yes
without previous consultations with the Secretary of Labor. Union Member Yes No

Also, the DOJ, before taking cognizance of preliminary investigations, Consequences:


and filing on court of the informations of cases arising out of a labor
related dispute, including allegations of violence, coercion, or pysica; Individual strikers must be identified if they committed illegal acts
injuries, must secure clearance from Ministry of Labor Only substantial evidence is necessary and not proof beyond reasonable
Criminal cases should be suspednded until the completion of the doubt, in order to justify the penalty of dismissal on participating
compulsory arbitration proceedings in the NLRC (Sarmiento vs Judge workers and union officers.
Tuico; Asian transmission Corporation vs NLRC)

Who declares the Loss of Employment Status?

The law grants the employer the option of declaring union officer who
participated in an illegal strike as having lost his employment

GR: Declaration of Illegality of Strike Not a Prerequisite to dismissal of


Illegal Strikers
Prior petition to declare a strike illegal is not necessary as an employer
is allowed by the Labor code to terminate employees that committed
illegal acts in the course of the strike (Jackbilt Industries vs Jackbilt
Industries Employees Union)

Exception: pending case at the NLRC and the issues submitted to the
NLRC for resolution were those which are related to the strike; and by
filing a formal complaint for illegal strike, it behooved the employer to desist
from undertaking its own investigation on the same matter

Labor II. Araneta. AY2015-2016. 9


longer meet the 20% requirement after its registration, it does not, ipso
Forfeiture of Reinstatement facto, los its status as such until after due hearing by the BLR.
Employee who failed to report for work when on he had the opportunity The current union is the certified CBR at the time of the negotion of the
to do so waived thereby his right to reinstatement CBA, it continues to be so until a new one shall have been chosen in a
certification election.

Are the Employees in strike entitled to Backwages?

No, in an economic strike, the strikers are not entitled to the backwages on
the principle that a fair days wage accrues only for a fair days labor. Chapter II
In a case where a laborer absents himself from work because of a strike ASSISTANCE TO LABOR ORGANIZATIONS
or to attend a conference or hearing in a case or incident between him
and his employer, he might seek reimbursement of his wages from his Art. 267. Assistance by the Department of Labor. The Department of
union which had declared the strike or filed the case in the industrial Labor, at the initiative of the Secretary of Labor, shall extend special assistance
court. or he might have his absence from his work charged against this to the organization, for purposes of collective bargaining, of the most
vacation leave underprivileged workers who, for reasons of occupation, organizational structure
However, involuntary strikers illegally locked out are entitled to or insufficient incomes, are not normally covered by major labor organizations or
their backwages. federations.

Art. 268. Assistance by the Institute of Labor and Manpower Studies.


However, for Strikes in Unfair Labor Practice, it depends. The Institute of Labor and Manpower Studies shall render technical and other
forms of assistance to labor organizations and employer organizations in the field
Those who were discriminatorily dismissed, must receive their of labor education, especially pertaining to collective bargaining, arbitration,
backpay from the date of the act of discriminationfrom the date of labor standards and the Labor Code of the Philippines in general.
discharge
Those who struck as voluntary act of protest against what they
consider as unfair labor practice, they are not entitled to
backwagesbecause such is not a direct consequence of the
companies ULP.

What if there had already been replacements hired?


General rule, the replacements did not gain permanent right to the positions
they held. Neither could such temporary employment bind the employer to retain
permanently the strikers.
However, if the reinstatement of illegally dismissed strikers has become
impossible, backwages should be paid

Resignation of Strikers Does not prevent the Signing of the CBA


The 20% requirement stated in the Labor Code pertains to the
registration of a labor organization and not to its election as a collective
bargaining agent. Even when a legitimate labor organization could no

Labor II. Araneta. AY2015-2016. 10


Chapter III FOREIGN ACTIVITIES grants, the specific recipients thereof, the projects or activities proposed to be
Art. 269. Prohibition against aliens; exceptions. All aliens, natural or supported, and their duration.
juridical, as well as foreign organizations are strictly prohibited from
engaging directly or indirectly in all forms of trade union activities
without prejudice to normal contacts between Philippine labor unions Art. 271. Applicability to farm tenants and rural workers. The provisions
and recognized international labor centers: Provided, however, That aliens of this Title pertaining to foreign organizations and activities shall be deemed
working in the country with valid permits issued by the Department of Labor and applicable likewise to all organizations of farm tenants, rural workers, and the
Employment, may exercise the right to self-organization and join or assist labor like: Provided, That in appropriate cases, the Secretary of Agrarian Reform shall
organizations of their own choosing for purposes of collective bargaining: exercise the powers and responsibilities vested by this Title in the Secretary of
Provided, further, That said aliens are nationals of a country which grants the Labor.
same or similar rights to Filipino workers. (As amended by Section 29, Republic
Act No. 6715, March 21, 1989)

Art. 270. Regulation of foreign assistance.

a. No foreign individual, organization or entity may give any donations,


grants or other forms of assistance, in cash or in kind, directly or indirectly,
to any labor organization, group of workers or any auxiliary thereof, such as
cooperatives, credit unions and institutions engaged in research, education or
communication, in relation to trade union activities, without prior permission
by the Secretary of Labor.

"Trade union activities" shall mean:

1. organization, formation and administration of labor organization;


2. negotiation and administration of collective bargaining agreements;
3. all forms of concerted union action;
4. organizing, managing, or assisting union conventions, meetings, rallies,
referenda, teach-ins, seminars, conferences and institutes;
5. any form of participation or involvement in representation proceedings,
representation elections, consent elections, union elections; and
6. other activities or actions analogous to the foregoing.

b. This prohibition shall equally apply to foreign donations, grants or other forms
of assistance, in cash or in kind, given directly or indirectly to any employer or
employers organization to support any activity or activities affecting trade
unions.

c. The Secretary of Labor shall promulgate rules and regulations to regulate and
control the giving and receiving of such donations, grants, or other forms of
assistance, including the mandatory reporting of the amounts of the donations or

Labor II. Araneta. AY2015-2016. 11