D.

The Collective Bargaining Agreement

1.
a. Definition: refers to the contract between a legitimate labor union and the employer
concerning wages, hours of work, and all other terms and conditions of employment in a
bargaining unit.
b. Contents:
provisions that will ensure the mutual observance of its terms and conditions
establish a machinery for the adjustment and resolution of grievances arising from
the interpretation or implementation of their CBA and those arising from interpretation
or enforcement of company personnel policies
Parties to a CBA shall name and designate in advance a Voluntary Arbitrator or panel of
Voluntary Arbitrators,
Or include in the agreement a procedure for the selection of such Voluntary Arbitrator
or panel of Voluntary Arbitrators
Lepanto Ceramics: Since bonus is integrated in the CBA, the same partakes of a
demandable obligation. CBA is the law between the parties and they are obliged to
comply with its provisions.
c. Effect of Sub-Standard Contract
239 (f) Ground for cancellation of Union registration CBA agreements with terms and
conditions of employment below minimum standards established by law.
RA 9481 deleted above as ground for cancellation. But still prohibited to enter into a
sub-standard contract.
2. Registration:
a. Labor Code
Within 30 days from execution of CBA, parties shall submit copies of the same directly to
the Bureau or Regional Offices of DOLE for registration, accompanied with verified
proofs of its posting in two conspicuous places in the place of work and ratification by
majority of all workers in the bargaining unit
Bureau or Regional Offices shall act upon the application for registration of such CBA
within 5 days from receipt. Regional Offices shall furnish the Bureau with a copy of CBA
within five days from its submission
The Bureau or Regional Office shall assess the employer for every CBA a registration fee
of not less than 1,000 pesos or in any amount deemed appropriate and necessary by
Secretary of DOLE
b. OIR
Where to file within 30 days from execution of CBA, parties shall submit two signed
copies of the agreement to Regional Office which issued the certificate of
registration/certificate of creation of chartered local of the labor union-party to the
agreement. Where the certificate of creation of the concerned chartered local was issued
by the Bureau, the agreement shall be filed with the Regional Office which has
jurisdiction over the place where it principally operates. Multi-employer collective
bargaining agreements shall be filed with the Bureau
Requirements for registration
o CBA
o Statement that the CBA was posted in at least two conspicuous places in the
establishment or establishments concerned for at least 5 days before its
ratification
o Statement that the CBA was ratified by the majority of the employees in the
bargaining unit of the employer or employers concerned
o No other documents shall be required in the registration of cba
o Certificate of registration shall be issued by the Regional Office upon payment of
the prescribed registration fee
3. Beneficiaries
 The labor organization designated or selected by the majority of the employees in
an appropriate collective bargaining unit shall be the exclusive representative of the
employees in such unit for the purpose of collective bargaining.
Mactan Workers Union: labor union that gets the majority vote as the exclusive
bargaining representative does not act for its members alone. It represents all the
employees in such a bargaining unit. It is not to be indulged in any attempt on its part to
disregard the rights of non-members.
4. Minutes of Negotiations
Samahan ng Manggagawa sa Top Form Manufacturing: petitioner unions contention
that the Minutes of the collective bargaining negotiation meeting forms part of the entire
agreement is pointless. The Minutes reflects the proceedings and discussions
undertaken in the process of bargaining for worker benefits in the same way that the
minutes of court proceedings show what transpired therein. At the negotiations, it is but
natural for both management and labor to adopt positions or make demands and offer
proposals and counter-proposals. However, nothing is considered final until the parties
have reached an agreement.
5. Interpretation, Administration and Enforcement
Norkis Free & Independent Workers Union: Stipulations in a contract must be read
together, not in isolation from one another. When the terms of its clauses are clear and
leave no room for doubt as to the intention of the contracting parties, it would not be
necessary to interpret those terms, whose literal meanings should prevail.
a. Nature
Pantranco North Express Inc.: CBA incorporates the agreement reached after
negotiations between employer and bargaining agent with respect to terms and
conditions of employment. A CBA is not an ordinary contract. "(A)s a labor contract
within the contemplation of Article 1700 of the Civil Code of the Philippines which
governs the relations between labor and capital, (it) is not merely contractual in nature
but impressed with public interest, thus it must yield to the common good. As such, it
must be construed liberally rather than narrowly and technically, and the courts must
place a practical and realistic construction upon it, giving due consideration to the
context in which it is negotiated and purpose which it is intended to serve.
Dole Phils. Inc: The disputed provision of the CBA is clear and unambiguous. The terms
are explicit and the language of the CBA is not susceptible to any other
interpretation. Hence, the literal meaning of free meals after three (3) hours of
overtime work shall prevail, which is simply that an employee shall be entitled to a free
meal if he has rendered exactly, or no less than, three hours of overtime work, not after
more than or in excess of three hours overtime work.
b. Liberal Construction
Relations between capital and labor are not merely contractual. They are so impressed
with public interest that labor contracts must yield to the common good. Therefore, such
contracts are subject to the special laws on labor unions, collective bargaining, strikes
and lockouts, closed chop, wages, working conditions, hours of labor and similar objects.
Cirtek: A CBA (assuming in this case that the MOA can be treated as one) is a contract
imbued with public interest. It must thus be given a liberal, practical and realistic,
rather than a narrow and technical construction, with due consideration to the context
in which it is negotiated and the purpose for which it is intended.
c. Grievance Procedure
Even if there is an exclusive bargaining representative in a collective bargaining unit, an
individual employee or group of employees shall have the right at any time to present
grievances to their employer.
Refer to Contents of CBA
All grievances submitted to the grievance machinery which are not settled within seven
calendar days from the date of its submission shall automatically be referred to
voluntary arbitration prescribed in the CBA
 In case the parties fail to select a Voluntary Arbitrator or panel of Voluntary Arbitrators,
the Board shall designate the Voluntary Arbitrator or panel of Voluntary Arbitrators, as
may be necessary, pursuant to the selection procedure agreed upon in the CBA, which
shall act with the same force and effect as if the Arbitrator or panel of Arbitrators has
been selected by the parties.
USAEU-FFW v CA: Disputes re: interpretation, implementation of CBA is under the
original and exclusive jurisdiction of Voluntary Arbitrators. Exceptionally in this case, it
is error for the Secretary of Labor to take cognizance of dispute regarding economic
provisions in a CBA when the CBA provides for a grievance machinery and referral to
voluntary arbitration as modes of dispute settlement.
Atlas Farm Inc: Article 217 of the Labor Code provides that labor arbiters have original
and exclusive jurisdiction over termination disputes. A possible exception is provided
in Article 261. Also, Policy No. 56 says termination cases arising in or resulting
from the interpretation and implementation of collective bargaining agreements
and interpretation and enforcement of company personnel policies which were
initially processed at the various steps of the plant-level Grievance Procedures
under the parties collective bargaining agreements fall within the original and
exclusive jurisdiction of the voluntary arbitrator pursuant to Art. 217(c) and Art.
261 of the Labor Code; and, if filed before the Labor Arbiter, these cases shall be
dismissed by the Labor Arbiter for lack of jurisdiction and referred to the concerned
NCMB Regional Branch for appropriate action towards an expeditious selection by the
parties of a Voluntary Arbitrator or Panel of Arbitrators based on the procedures agreed
upon in the CBA.
d. Contract Infirmity
Calleja: Contract infirmity is ground for annulling the CBA
e. Contract Ambiguity
Holy Cross of Davao College: Art. 1702 of CC states that in case of doubt, all labor
legislation and all labor contracts shall be construed in favor of the safety and decent
living of the laborer.
f. Contract Duration and Renewal
When there is a CBA, the duty to bargain collectively shall also mean that neither party
shall terminate nor modify such agreement during its lifetime.
Either party can serve a written notice to terminate or modify the agreement at least 60
days prior to its expiration date. It shall be the duty of both parties to keep the status
quo and to continue in full force and effect the terms and conditions of the existing
agreement during the 60-day period and/or until a new agreement is reached by the
parties.
Terms of a CBA Any CBA that the parties may enter into shall, insofar as the
representation aspect is concerned, be for a term of five years. No petition questioning
the majority status of incumbent bargaining agent shall be entertained and no cert
election shall be conducted by the DOLE outside of the sixty-day period immediately
before the date of expiry of such five year term of the CBA
All other provisions of the CBA shall be renegotiated not later than three years after its
execution. Any agreement on such other provisions of the CBA entered into within six
months from the date of expiry of the term of such other provisions as fixed in such CBA
shall retroact to the day immediately following such date. If any agreement is entered
into beyond six months, the parties shall agree on the duration of retroactivity thereof.
In case of a deadlock in the renegotiation of the CBA, the parties may exercise their
rights under this Code.
OIR
 o Representation status of incumbent exclusive bargaining agent which is a party
to a duly registered CBA shall be for a term of five years from the date of
effectivity of the collective bargaining agreement. No pet questioning majority
stat of incumbent eb agent or petition for certification election outside of the
sixty day period immediately preceding the expiry date of such five year term
shall be entertained by the Department.
o Five year rep status acquired by an incumbent bargaining agent either through
single enterprise collective bargaining or multi-employer bargaining shall not
be affected by a subsequent collective bargaining agreement executed between
the same bargaining agent and the employer during the same five-year period.
o All provisions of a collective bargaining agreement, except the representation
status of the incumbent bargaining agent shall, as a matter of right, be
renegotiated not later than three years after its execution.
o The re-negotiated CBA shall be ratified and registered with the same Regional
Office where the preceding agent was registered.
Meralco: During the interregnum between the expiration of the economic provisions of
the CBA and the date of effectivity of the arbitral award, it is understood that the hold-
over principle shall govern, viz:

"[I]t shall be the duty of both parties to keep the status quo and to continue in full force
and effect the terms and conditions of the existing agreement during the 60-day freedom
period and/or until a new agreement is reached by the parties." Despite the lapse of the
formal effectivity of the CBA the law still considers the same as continuing in force and
effect until a new CBA shall have been validly executed.

Rivera: Art. 253-A has a two-fold purpose to promote industrial stability and
predictability and to assign specific timetables. Nowhere can be found is the prohibition
to waive or suspend the mandatory timetables. Thus, the right to free collective
bargaining includes the right to suspend it.

FVC Labor UnionPhil. Transport & Gen. Workers Org: Any Collective Bargaining
Agreement, shall, insofar as the representation aspect is concerned, be for a term of five
years. No petition questioning the majority status of the incumbent bargaining agent shall
be entertained and no certification election shall be conducted outside of the sixty day
freedom period.
o By express provision of Art. 253-A, the bargaining agent cannot go beyond the 5
year term prescribed, and this representation status is not subject to
agreement.
o Hence, the amendment of the CBA to a period beyond the 5-year period will not
affect the right of a competing union to file for CE within the 60-day freedom
period of the ORIGINAL CBA.

1. Automatic renewal

PICOP Resources: Automatic renewal provided for in the last sentence of Art.
253 of the Labor Code, refers only to the economic provisions of the CBA. It does
not include the representational aspects of the CBA. When there is a
representational issue, the existing CBA could not serve as a bar to the holding
of a CE.
g. CBA and 3rd Party Liability
Associated Labor Unions: Unless expressly assumed, labor contracts are not
enforceable against a transferee of an enterprise, labor contracts being in personam,
thus binding only between the parties (Sundowner Development Corp. vs. Drilon). As a
 general rule, there is no law requiring a bona fide purchaser of the assets of an on-going
concern to absorb in its employ the employees of the latter. However, although the
purchaser of the assets or enterprise is not legally bound to absorb in its employ the
employees of the seller of such assets or enterprise, the parties are reliable to the
employees if the transaction between the parties is colored or clothed with bad faith.
h. CBA and Disaffilation
Elisco-Elirol Labor Union: Even during the effectivity of a collective bargaining
agreement executed between employer and employees thru their agent, the
employees can change said agent but the contract continues to bind then up to its
expiration date. They may bargain however for the shortening of said expiration
date.
i. Jurisdiction
1. Jurisdiction of Voluntary Arbitrators
The Voluntary Arbitrator or panel of Voluntary Arbitrators shall have
original and exclusive jurisdiction to hear and decide all unresolved
grievances arising from the interpretation or implementation of the
Collective Bargaining Agreement and those arising from the
interpretation or enforcement of company personnel policies.
Violations of a Collective Bargaining Agreement, except those which are
gross in character, shall no longer be treated as unfair labor practice
and shall be resolved as grievances under the Collective Bargaining
Agreement. For purposes of this article, gross violations of Collective
Bargaining Agreement shall mean flagrant and/or malicious refusal to
comply with the economic provisions of such agreement.
Commission, its Regional Offices and the Regional Directors of the
Department of Labor and Employment shall not entertain disputes,
grievances or matters under the exclusive and original jurisdiction of
the Voluntary Arbitrator or panel of Voluntary Arbitrators and shall
immediately dispose and refer the same to the Grievance Machinery or
Voluntary Arbitration provided in the Collective Bargaining Agreement
Voluntary Arbitrator or panel of Voluntary Arbitrators, upon
agreement of the parties, shall also hear and decide all other labor
disputes including unfair labor practices and bargaining deadlocks.
Metro Drug Distribution Inc.: Time and again, this Court has
exhorted that before a party is allowed to seek the intervention of
the court, it is a pre-condition that he should have availed of all the
means of administrative processes afforded him. Hence, if a
remedy within the administrative machinery can still be resorted
to by giving the administrative officer concerned every
opportunity to decide on a matter that comes within his
jurisdiction, then such remedy should be exhausted first before
the courts judicial power can be sought. The premature
invocation of courts judicial intervention is fatal to ones cause of
action.
2. Jurisdiction of Labor Arbiters
Except as otherwise provided under this Code, the Labor Arbiters shall
have original and exclusive jurisdiction to hear and decide, within
thirty (30) calendar days after the submission of the case by the parties
for decision without extension, even in the absence of stenographic
notes, the following cases involving all workers, whether agricultural or
non-agricultural:
1. Unfair labor practice cases;
2. Termination disputes;
 3. If accompanied with a claim for reinstatement, those cases that
workers may file involving wages, rates of pay, hours of work and
other terms and conditions of employment;
4. Claims for actual, moral, exemplary and other forms of damages
arising from the employer-employee relations;
5. Cases arising from any violation of Article 264 of this Code,
including questions involving the legality of strikes and lockouts;
and
6. Except claims for Employees Compensation, Social Security,
Medicare and maternity benefits, all other claims arising from
employer-employee relations, including those of persons in
domestic or household service, involving an amount exceeding five
thousand pesos (P5,000.00) regardless of whether accompanied
with a claim for reinstatement.
Commission shall have exclusive appellate jurisdiction over all cases
decided by Labor Arbiters
Negros Metal Corp: As a general rule then, termination disputes should
be brought before a labor arbiter, except when the parties, under Art.
262, unmistakably express that they agree to submit the same to
voluntary arbitration.
3. RTC Jurisdiction
Halaguena: RTC had jurisdiction over the action challenging the
constitutionality of the compulsory retirement provisions of the CBA.

VIII. Unfair Labor Practice

A. In General
a. Definition and General Concept
Means any unfair labor practice as defined under this Code
It shall be unlawful for any person to restrain, coerce, discriminate against or unduly
interfere with employees and workers in their exercise of the right to self-
organization. Such right shall include the right to form, join, or assist labor
organizations for the purpose of collective bargaining through representatives of
their own choosing and to engage in lawful concerted activities for the same
purpose for their mutual aid and protection, subject to the provisions of Article 264
of this Code.
Unfair labor practices violate the constitutional right of workers and employees to self-
organization, are inimical to the legitimate interests of both labor and management,
including their right to bargain collectively and otherwise deal with each other in an
atmosphere of freedom and mutual respect, disrupt industrial peace and hinder the
promotion of healthy and stable labor-management relations.
Unfair labor practices are not only violations of the civil rights of both labor and
management but are also criminal offenses against the State which shall be subject
to prosecution and punishment as herein provided.
Subject to the exercise by the President or by the Secretary of Labor and Employment of
the powers vested in them by Articles 263 and 264 of this Code, the civil aspects of all
cases involving unfair labor practices, which may include claims for actual, moral,
exemplary and other forms of damages, attorneys fees and other affirmative relief, shall
be under the jurisdiction of the Labor Arbiters. The Labor Arbiters shall give utmost
priority to the hearing and resolution of all cases involving unfair labor practices. They
shall resolve such cases within thirty (30) calendar days from the time they are
submitted for decision.
No criminal prosecution under this Title may be instituted without a final judgment
finding that an unfair labor practice was committed, having been first obtained in the
 preceding paragraph. During the pendency of such administrative proceeding, the
running of the period of prescription of the criminal offense herein penalized shall be
considered interrupted: Provided, however, that the final judgment in the administrative
proceedings shall not be binding in the criminal case nor be considered as evidence of
guilt but merely as proof of compliance of the requirements therein set forth.
b. ULP vis-a-vis Management Prerogative
When, in his opinion, there exists a labor dispute causing or likely to cause a strike or
lockout in an industry indispensable to the national interest, the Secretary of Labor
and Employment may assume jurisdiction over the dispute and decide it or certify
the same to the Commission for compulsory arbitration.
Such assumption or certification shall have the effect of automatically enjoining the
intended or impending strike or lockout as specified in the assumption or
certification order. If one has already taken place at the time of assumption or
certification, all striking or locked out employees shall immediately return-to-work
and the employer shall immediately resume operations and readmit all workers
under the same terms and conditions prevailing before the strike or lockout.
The Secretary of Labor and Employment or the Commission may seek the assistance of
law enforcement agencies to ensure compliance with this provision as well as with such
orders as he may issue to enforce the same.
In 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 similar
medical institutions shall, to every extent possible, be avoided, and all serious
efforts, not only by labor and management but government as well, be exhausted
to substantially minimize, if not prevent, their adverse effects on such life and
health, through the exercise, however legitimate, by labor of its right to strike and
by management to lockout.
In labor disputes adversely affecting the continued operation of such hospitals,
clinics or medical institutions, it shall be the duty of the striking union or locking-
out employer to provide and maintain an effective skeletal workforce of medical
and other health personnel, whose movement and services shall be unhampered
and unrestricted, as are necessary to insure the proper and adequate protection
of the life and health of its patients, most especially emergency cases, for the
duration of the strike or lockout. In such cases, therefore, the Secretary of Labor
and Employment may immediately assume, within twenty four (24) hours from
knowledge of the occurrence of such a strike or lockout, jurisdiction over the
same or certify it to the Commission for compulsory arbitration. For this purpose,
the contending parties are strictly enjoined to comply with such orders,
prohibitions and/or injunctions as are issued by the Secretary of Labor and
Employment or the Commission, under pain of immediate disciplinary action,
including dismissal or loss of employment status or payment by the locking-out
employer of backwages, damages and other affirmative relief, even criminal prosecution
against either or both of them.
President of the Philippines shall not be precluded from determining the industries that,
in his opinion, are indispensable to the national interest, and from intervening at any
time and assuming jurisdiction over any such labor dispute in order to settle or
terminate the same.
Philcom Employees Union: For an employee to charge an unfair labor practice against
an employer, the employee must show that the act charged as unfair labor practice falls
under Art 248. Other acts, no matter how unfair, cannot constitute ULP.
c. Requisites
i. Employer-Employee Relationship
o Sterling Products Int Inc.: The term unfair labor practice has been defined as
any of those acts listed in See. 4 of the Industrial Peace Act. The respondent Sol
has never been found to commit any of the acts mentioned in said provision.
 Respondent Sol was not connected with any labor organization, nor has she
ever attempted to join a labor organization, or to assist, or contribute to a labor
organization. The company cannot, therefore, be considered as having
committed an unfair labor practice.
o American President Lines: Under RA 875, Sec. 13, ULP may be committed only
within the context of an employer-employee relationship.
ii. Act must be specifically defined in the law
o Unfair labor practices of employers. It shall be unlawful for an employer to
commit any of the following unfair labor practice:
To interfere with, restrain or coerce employees in the exercise of their
right to self-organization;
To require as a condition of employment that a person or an employee
shall not join a labor organization or shall withdraw from one to which
he belongs;
To contract out services or functions being performed by union
members when such will interfere with, restrain or coerce employees
in the exercise of their rights to self-organization;
To initiate, dominate, assist or otherwise interfere with the formation
or administration of any labor organization, including the giving of
financial or other support to it or its organizers or supporters;
To discriminate in regard to wages, hours of work and other terms and
conditions of employment in order to encourage or discourage
membership in any labor organization. Nothing in this Code or in any
other law shall stop the parties from requiring membership in a
recognized collective bargaining agent as a condition for employment,
except those employees who are already members of another union at
the time of the signing of the collective bargaining agreement.
Employees of an appropriate bargaining unit who are not members of
the recognized collective bargaining agent may be assessed a
reasonable fee equivalent to the dues and other fees paid by members
of the recognized collective bargaining agent, if such non-union
members accept the benefits under the collective bargaining
agreement: Provided, that the individual authorization required under
Article 242, paragraph (o) of this Code shall not apply to the non-
members of the recognized collective bargaining agent;
To dismiss, discharge or otherwise prejudice or discriminate against an
employee for having given or being about to give testimony under this
Code;
To violate the duty to bargain collectively as prescribed by this Code;
To pay negotiation or attorneys fees to the union or its officers or
agents as part of the settlement of any issue in collective bargaining or
any other dispute; or
To violate a collective bargaining agreement.
o Unfair labor practices of labor organizations. It shall be unfair labor practice
for a labor organization, its officers, agents or representatives:
To restrain or coerce employees in the exercise of their right to self-
organization. However, a labor organization shall have the right to
prescribe its own rules with respect to the acquisition or retention of
membership;
To cause or attempt to cause an employer to discriminate against an
employee, including discrimination against an employee with respect
to whom membership in such organization has been denied or to
terminate an employee on any ground other than the usual terms and
conditions under which membership or continuation of membership is
made available to other members;
 To violate the duty, or refuse to bargain collectively with the employer,
provided it is the representative of the employees;
To cause or attempt to cause an employer to pay or deliver or agree to
pay or deliver any money or other things of value, in the nature of an
exaction, for services which are not performed or not to be performed,
including the demand for fee for union negotiations;
To ask for or accept negotiation or attorneys fees from employers as
part of the settlement of any issue in collective bargaining or any other
dispute; or
To violate a collective bargaining agreement.
d. Burden of Proof
Schering Employees Labor Union: It is the union, therefore, who had the burden of
proof to present substantial evidence to support its allegations of unfair labor
practices committed by management.
e. Interpretation
All doubts in the implementation and interpretation of the provisions of this Code,
including its implementing rules and regulations, shall be resolved in favor of labor.
The relations between capital and labor are not merely contractual. They are so
impressed with public interest that labor contracts must yield to the common good.
Therefore, such contracts are subject to the special laws on labor unions, collective
bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor
and similar subjects.
In case of doubt, all labor legislation and all labor contracts shall be construed in favor of
the safety and decent living for the laborer.
Caltex Filipino Managers and Supervisors Assn: The return-to-work agreement is in
the nature of a partial compromise between the parties and is a labor contract. In the
latter aspect, the same must yield to the common good. (Art 1700 NCC) and In case of
doubt xxx shall be construed in favour of the safety and decent living for the labourer
(Art 1702)
To our mind, when the Company unqualifiedly bound itself in the return-to-work
agreement that all EEs will be taken back with the same employee status prior to
April 22, 1965, the Company made manifest its intention and conformity not to
proceed with the case
f. Inter-relations of UPL Acts
ULP of Employers and Labor Organizations
Republic Savings Bank: Assuming that the employees acted in their individual
capacities when they wrote the letter-charge they were nonetheless protected for they
were engaged in concerted activity, in the exercise of their right of self-organization that
includes concerted activity for mutual aid and protection, interference with which
constitutes an unfair labor practice under section 4(a)(1). The joining in protests or
demands, even by a small group of employees, if in furtherance of their interests as such,
is a concerted activity protected by the Industrial Peace Act. It is not necessary that
union activity be involved or that collective bargaining be contemplated.

B. Acts Violative of Right to Self-Organization

a. Interference, Restraint, and Coercion
To interfere with, restrain or coerce employees in the exercise of their right to self-
organization
An individual employee or group of employees shall have the right at any time to
present grievances to their employer
Ministry shall help promote and gradually develop, with the agreement of labor
organizations and employers, labor-management cooperation programs at appropriate
levels of the enterprise based on the shared responsibility and mutual respect in order
 to ensure industrial peace and improvement in productivity, working conditions and the
quality of working life.
However, a labor organization shall have the right to prescribe its own rules with
respect to the acquisition or retention of membership;
General Milling Corp: Letters received by the company from employees stating their
withdrawal from the union due to religious affiliation and personal differences show
that GMC exerted pressure on its employees. The fact that these letters were made
during the pendency of the case filed by the union before the LA against the company
shows the latters desperate attempt to raise doubts as to the legitimacy of the unions
status.

The ill timing of these letters of resignation from the union indicates the interference of
company to the right of its employees to self-organization.

Prince Transport Inc.: Under Article 248 (a) and (e) of the Labor Code, an employer is
guilty of unfair labor practice if it interferes with, restrains or coerces its employees in
the exercise of their right to self-organization or if it discriminates in regard to wages,
hours of work and other terms and conditions of employment in order to encourage or
discourage membership in any labor organization

i. Interrogation
1. Scotys Department Store: Questioning of employees concerning union
membership and activities and disparaging remarks by supervisory
employees made in such a way as to hamper the exercise of free choice on
the part of the employees, have been uniformly condemned as a violation of
the Act. (Thus, it is an unfair labor practice.)
2. Philippine Seam Navigation Co.:
ii. Speech, Espionage, Economic Coercion
1. The Insular Life Assurance Co. Ltd.: It has been held in a great number of
decisions that espionage by an employer of union activities, or surveillance
thereof, are such instances of interference, restraint or coercion of
employees in connection with their right to organize, form and join unions
as to constitute unfair labor practice.
iii. Concerted Activities
1. Philippine Blooming Mills: PBMCI is the one guilty of unfair labor practice.
Because the refusal on the part of PBMCI to permit all its employees and
workers to join the mass demonstration and the subsequent separation of
the 8 petitioners from the service constituted an unconstitutional restraint
on the freedom of expression, freedom of assembly and freedom petition
for redress of grievances, PBMCI committed an unfair labor practice defined
in Section 4(a-1) in relation to Section 3 of Republic Act No. 875 (Industrial
Peace Act).
Section 3 guarantees to the employees the right "to engage in concert
activities for ... mutual aid or protection".
Section 4(a-1) regards as an unfair labor practice for an employer to
interfere with, restrain or coerce employees in the exercise their rights
guaranteed in Section Three."
While the CIR found that the demonstration "paralyzed to a large extent the
operations of the complainant company," it did not make any finding as to
the fact of loss actually sustained by the firm. This significant circumstance
can only mean that the firm did not sustain any loss or damage.
b. Non-Union Membership or Withdrawal from Membership as a condition of Employment
(yellow-dog contract)
 To require as a condition of employment that a person or an employee shall not join a
labor organization or shall withdraw from one to which he belongs.
Visayan Stevedore Trans. Co.: It is considered unfair labor practice for the employer to
require non-union membership or withdrawal from membership as condition for
acceptance into employment or continued service.
c. Contracting out to Discourage Unionism
To contract out services or functions being performed by union members when such
will interfere with, restrain or coerce employees in the exercise of their rights to self-
organization
d. Company Domination of Union
Progressive Development Corp:
e. Discrimination to Encourage/Discourage Unionism
To discriminate in regard to wages, hours of work and other terms and conditions of
employment in order to encourage or discourage membership in any labor organization.
Nothing in this Code or in any other law shall stop the parties from requiring
membership in a recognized collective bargaining agent as a condition for employment,
except those employees who are already members of another union at the time of the
signing of the collective bargaining agreement.
Employees of an appropriate bargaining unit who are not members of the recognized
collective bargaining agent may be assessed a reasonable fee equivalent to the dues and
other fees paid by members of the recognized collective bargaining agent, if such non-
union members accept the benefits under the collective bargaining agreement:
Provided, that the individual authorization required under Article 242, paragraph (o) of
this Code shall not apply to the non-members of the recognized collective bargaining
agent
To cause or attempt to cause an employer to discriminate against an employee,
including discrimination against an employee with respect to whom membership in
such organization has been denied or to terminate an employee on any ground other
than the usual terms and conditions under which membership or continuation of
membership is made available to other members
i. Discriminatory Charge
ii. Valid discrimination: union security clause requisites
1. Closed shop
2. Union shop
3. Maintenance of membership
a. Alabang Country Club Inc:
b. General Milling Corp: While union security clauses are valid, and an
employer may dismiss an employee pursuant to that, due process
requires the Company to accord the employee with a separate
hearing
iii. Collection of Agency Fees
o Del Pilar Academy et al: For receipt of CBA benefits brought about by the CBA
negotiated with [petitioners], they are duty bound to pay agency fees which
may lawfully be deducted sans individual check-off authorization. Being
[recipients] of said benefits, they should share and be made to pay the same
considerations imposed upon the union members. [DEL PILAR], therefore, was
in error in refusing to deduct corresponding agency fees which lawfully belongs
to the union
f. Retaliation Testimony Against Employer/Indirect Discrimination
To dismiss, discharge or otherwise prejudice or discriminate against an employee for
having given or being about to give testimony under this Code
Itogon-Suyoc Mines Inc.: The conclusion is inescapable that the management of the
petitioner herein had much to do with the dropping of Baldo's case, and because of the
dropping of that case Itogon never reinstated Baldo to his work. This conclusion is
 bolstered further by the fact that Itogon had opposed the petition for certification
election. It was found that Baldo had not committed any serious offense as would
warrant his immediate and permanent dismissal. The CIR also found that Itogon had
committed ULP as contemplated in sub-paragraphs 1, 4 and 5 of sub-section (a) of
Section 4 of Republic Act No. 875.
g. Illegal Exaction Featherbedding
To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any
money or other things of value, in the nature of an exaction, for services which are not
performed or not to be performed, including the demand for fee for union negotiations
h. Management Prerogative and Unfair Labor Practices
San Miguel Corp Employees Union:
C. Acts Violative of Right to Collective Bargaining
a. Violation of Duty to Bargain
To violate the duty to bargain collectively as prescribed by this Code
To violate the duty, or refuse to bargain collectively with the employer, provided it is the
representative of the employees
In the absence of an agreement or other voluntary arrangement providing for a more
expeditious manner of collective bargaining, it shall be the duty of employer and the
representatives of the employees to bargain collectively in accordance with the
provisions of this Code.
The duty to bargain collectively means the performance of a mutual obligation to meet
and convene promptly and expeditiously in good faith for the purpose of negotiating an
agreement with respect to wages, hours of work and all other terms and conditions of
employment including proposals for adjusting any grievances or questions arising under
such agreement and executing a contract incorporating such agreements if requested by
either party but such duty does not compel any party to agree to a proposal or to make
any concession.
When there is a collective bargaining agreement, the duty to bargain collectively shall
also mean that neither party shall terminate nor modify such agreement during its
lifetime. However, either party can serve a written notice to terminate or modify the
agreement at least sixty (60) days prior to its expiration date. It shall be the duty of both
parties to keep the status quo and to continue in full force and effect the terms and
conditions of the existing agreement during the 60-day period and/or until a new
agreement is reached by the parties.
Shell Oil Workers Union: Even if transferring security guards to another department is
within managements prerogative, if such act violates a stipulation in an existing CBA,
the company is guilty of ULP.
In staging a strike, it is enough that the employees have a belief in good faith of the
existence of ULP.
Union of Filipro Employees: The duty to bargain collectively is mandated by Articles
252 and 253 of the Labor Code. It means the performance of a mutual obligation to meet
and convene promptly and expeditiously in good faith for the purpose of negotiating an
agreement with respect to the terms and conditions of employment including proposals
for adjusting any grievances or questions arising under such agreement and executing a
contract incorporating such agreements if requested by either party but such duty does
not compel any party to agree to a proposal or to make any concession. For a charge of
unfair labor practice to prosper, it must be shown that Nestl was motivated by ill will or
bad faith etc. in disclaiming unilateral grants as proper subjects in their collective
bargaining negotiations. While the law makes it an obligation for the employer and
the employees to bargain collectively with each other, such compulsion does not
include the commitment to precipitately accept or agree to the proposals of the
other. All it contemplates is that both parties should approach the negotiation
 with an open mind and make reasonable effort to reach a common ground of
agreement.
Duty to Resume Negotiations
o CABEU-NFL: For a charge of unfair labor practice to prosper, it must be shown
that the accused was motivated by ill will, bad faith, or fraud, or was oppressive
to labor, or done in a manner contrary to morals, good customs, or public policy,
and, of course, that social humiliation, wounded feelings or grave anxiety
resulted in suspending negotiations.
b. Negotiation of Attorneys Fees
To pay negotiation or attorneys fees to the union or its officers or agents as part of the
settlement of any issue in collective bargaining or any other dispute
To ask for or accept negotiation or attorneys fees from employers as part of the
settlement of any issue in collective bargaining or any other dispute
c. Gross Violation of CBA
To violate a collective bargaining agreement
For purposes of this article, gross violations of Collective Bargaining Agreement shall
mean flagrant and/or malicious refusal to comply with the economic provisions of such
agreement
Arellano University Employees and Workers Union: To constitute ULP violations of
the CBA must be gross. Gross violation of the CBA, under Article 261 of the Labor Code,
means flagrant and/or malicious refusal to comply with the economic provisions thereof.
San Miguel Foods, Inc.: The Unions charge that the employer promoted less senior
employees, thus bypassing others who were more senior and equally or more qualified
falls under gross or flagrant violation of the seniority rule under the CBA. Thus, it is a
ULP over which the Labor Arbiter has jurisdiction.
D. Motive, Conduct and Proof
a. Employer Motive and Proof
Phil. Metal Foundries, Inc.: Although a man's motive, like his intent, is, in the words of
Lord Justice Bowen "as much a fact as the state of his digestion", evidence of such fact
may consist both direct testimony by one whose motive is in question and of inferences
of probability drawn from the totality of other facts.
b. Totality of Evidence
Royal Undergarment Corporation of the Phil: where the attendant circumstances, the
history of the employer's past conduct and like considerations, coupled with an intimate
connection between the employer's action and the union affiliations or activities of the
particular employee or employees TAKEN AS A WHOLE raise a suspicion as to the
motivation for the employer's action, the failure of the employer to ascribe a valid
reason therefor may justify an inference that his unexplained conduct in respect of the
particular employee or employees was inspired by the latter's union membership or
activities.
E. Enforcement, Remedies and Sanctions
a. Parties Against Whom ULP Committed
Employer includes any person acting in the interest of an employer, directly or
indirectly. The term shall not include any labor organization or any of its officers or
agents except when acting as employer.
Employee includes any person in the employ of an employer. The term shall not be
limited to the employees of a particular employer, unless the Code so explicitly states. It
shall include any individual whose work has ceased as a result of or in connection with
any current labor dispute or because of any unfair labor practice if he has not obtained
any other substantially equivalent and regular employment.
"Labor organization" means any union or association of employees which exists in
whole or in part for the purpose of collective bargaining or of dealing with employers
concerning terms and conditions of employment.
 American Presidente Lines: In view of our finding that there is no employer-employee
relationship between the petitioner and the members of the respondent agency, it
should necessarily follow that the petitioner cannot be guilty of unfair labor practice as
charged by the private respondents. Under Republic Act 875, Section 13, an unfair labor
practice may be committed only within the context of an employer-employee
relationship.
b. Parties liable for Acts
i. Employer
o If the offense is committed by a corporation, trust, firm, partnership, association
or any other entity, the penalty shall be imposed upon the guilty officer or
officers of such corporation, trust, firm, partnership, association or entity.
ii. Labor Organization
o Only the officers, members of governing boards, representatives or agents or
members of labor associations or organizations who have actually participated
in, authorized or ratified unfair labor practices shall be held criminally liable.
o National Labor Union: The acts of filing an application for registration with the
BoC, securing the mayors permit, and other acts of management were
indicative of normal care and caution on the part of a man buying a
manufacturing firm. Hence, the same care and caution must have also been
extended to a more sensitive aspect of the business, the relationship of the
workers to management, their willingness to cooperate with the owner, and
their productivity arising from harmonious relations.
c. Prosecution and Prescriptive Period
Offenses penalized under this Code and the rules and regulations issued pursuant
thereto shall prescribe in three (3) years.
All unfair labor practice arising from Book V shall be filed with the appropriate agency
within one (1) year from accrual of such unfair labor practice; otherwise, they
shall be forever barred.
i. Civil Aspect
o Unfair labor practices are not only violations of the civil rights of both labor and
management but are also criminal offenses against the State which shall be
subject to prosecution and punishment as herein provided.

o Subject to the exercise by the President or by the Secretary of Labor and

Employment of the powers vested in them by Articles 263 and 264 of this Code,
the civil aspects of all cases involving unfair labor practices, which may
include claims for actual, moral, exemplary and other forms of damages,
attorneys fees and other affirmative relief, shall be under the jurisdiction
of the Labor Arbiters. The Labor Arbiters shall give utmost priority to the
hearing and resolution of all cases involving unfair labor practices. They shall
resolve such cases within thirty (30) calendar days from the time they are
submitted for decision.

o Recovery of civil liability in the administrative proceedings shall bar recovery

under the Civil Code.

ii. Criminal Aspect

o No criminal prosecution under this Title may be instituted without a final
judgment finding that an unfair labor practice was committed, having been first
obtained in the preceding paragraph. During the pendency of such
administrative proceeding, the running of the period of prescription of the
criminal offense herein penalized shall be considered interrupted: Provided,
however, that the final judgment in the administrative proceedings shall not be
binding in the criminal case nor be considered as evidence of guilt but merely as
proof of compliance of the requirements therein set forth.
d. Compromise
CCLC E.G. Gochanco Workers Union:
e. Remedies and Sanctions
i. Civil Remedies
o Decisions, awards, or orders of the Labor Arbiter are final and executory
unless appealed to the Commission by any or both parties within ten (10)
calendar days from receipt of such decisions, awards, or orders. Such appeal
may be entertained only on any of the following grounds:
a. If there is prima facie evidence of abuse of discretion on the part of the
Labor Arbiter;
b. If the decision, order or award was secured through fraud or coercion,
including graft and corruption;
c. If made purely on questions of law; and
d. If serious errors in the findings of facts are raised which would cause grave
or irreparable damage or injury to the appellant.

In case of a judgment involving a monetary award, an appeal by the employer may

be perfected only upon the posting of a cash or surety bond issued by a reputable
bonding company duly accredited by the Commission in the amount equivalent to
the monetary award in the judgment appealed from.

In any event, the decision of the Labor Arbiter reinstating a dismissed or

separated employee, insofar as the reinstatement aspect is concerned, shall
immediately be executory, even pending appeal. The employee shall either be
admitted back to work under the same terms and conditions prevailing prior
to his dismissal or separation or, at the option of the employer, merely
reinstated in the payroll. The posting of a bond by the employer shall not stay the
execution for reinstatement provided herein.

To discourage frivolous or dilatory appeals, the Commission or the Labor Arbiter

shall impose reasonable penalty, including fines or censures, upon the erring
parties.

In all cases, the appellant shall furnish a copy of the memorandum of appeal to the
other party who shall file an answer not later than ten (10) calendar days from receipt
thereof.

The Commission shall decide all cases within twenty (20) calendar days from receipt
of the answer of the appellee. The decision of the Commission shall be final and executory
after ten (10) calendar days from receipt thereof by the parties.

Any law enforcement agency may be deputized by the Secretary of Labor and Employment
or the Commission in the enforcement of decisions, awards or orders.

o In cases of regular employment, the employer shall not terminate the

services of an employee except for a just cause or when authorized by this
Title. An employee who is unjustly dismissed from work shall be entitled
to reinstatement without loss of seniority rights and other privileges and
to his full backwages, inclusive of allowances, and to his other benefits or
their monetary equivalent computed from the time his compensation was
withheld from him up to the time of his actual reinstatement.
ii. Penal Remedies
o Except as otherwise provided in this Code, or unless the acts complained of
hinge on a question of interpretation or implementation of ambiguous
provisions of an existing collective bargaining agreement, any violation of the
 provisions of this Code declared to be unlawful or penal in nature shall be
punished with a fine of not less than One Thousand Pesos (P1,000.00) nor more
than Ten Thousand Pesos (P10,000.00) or imprisonment of not less than three
months nor more than three years, or both such fine and imprisonment at the
discretion of the court.
o In addition to such penalty, any alien found guilty shall be summarily deported
upon completion of service of sentence.
o Any provision of law to the contrary notwithstanding, any criminal offense
punished in this Code, shall be under the concurrent jurisdiction of the
Municipal or City Courts and the Courts of First Instance.
o If the offense is committed by a corporation, trust, firm, partnership, association
or any other entity, the penalty shall be imposed upon the guilty officer or
officers of such corporation, trust, firm, partnership, association or entity.
Quadra:

IX. Union Concerted Activities

A. Basis of Right to Engage in Concerted Activities
a. Constitution
It shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in
accordance with law.
Bisig ng Manggagawa sa Concrete Aggregates, Inc.: Strike has been considered the
most effective weapon of labor in protecting the rights of employees to improve the
terms and conditions of their employment. The importance of the right to strike remains
undiminished as it is the only weapon that can correct abuses against labor.
b. Statutory
i. Labor Code
o Workers shall have the right to engage in concerted activities for purposes of
collective bargaining or for their mutual benefit and protection. The right of
legitimate labor organizations to strike and picket and of employers to
lockout, consistent with the national interest, shall continue to be
recognized and respected. However, no labor union may strike and no
employer may declare a lockout on grounds involving inter-union and
intra-union disputes.
ii. OIR
o The board may, upon request of either of both parties or upon its own
initiative, provide conciliation-mediation services to labor disputes other
than notices of strikes or lockouts. Conciliation cases which are not
subjects of notices of strike or lockout shall be docketed as preventive
mediation cases.
o Information and statements given in confidence at conciliation
proceedings shall be treated as privileged communications. Conciliators
and similar officials shall not testify in any court or body regarding any matter
taken up at conciliation proceedings conducted by them.
o The Board shall have the power to require the appearance of any parties at
conciliation meetings.
o Any compromise settlement, including those involving labor standard
laws, voluntarily agreed upon by the parties with the assistance of the
Board and its regional branches shall be final and binding upon the
parties. The National Labor Relations Commission or any court shall not
assume jurisdiction over issues involved therein except in case of non-
compliance thereof or if there is prima facie evidence that the settlement was
obtained through fraud, misrepresentation, or coercion. Upon motion of any
interested party, the Labor Arbiter in the region where the agreement was
 reached may issue a writ of execution requiring a sheriff of the Commission or
the courts to enforce the terms of the agreement.
o A strike or lockout may be declared in cases of bargaining deadlocks and
unfair labor practices. Violations of collective bargaining agreements,
except flagrant and/or malicious refusal to comply with its economic
provisions, shall not be considered unfair labor practice and shall not be
strikeable. No strike or lockout may be declared on grounds involving inter-
union and intra-union disputes or without first having filed a notice of strike
or lockout or without the necessary strike or lockout vote having been
obtained and reported to the Board. Neither will a strike be declared after
assumption of jurisdiction by the Secretary or after certification of
submission of the dispute to compulsory or voluntary arbitration or
during the pendency of cases involving the same grounds or the strike or
lockout.
o Any certified or duly recognized bargaining representative may declare a
strike in cases of bargaining deadlocks and unfair labor practices. The
employer may declare a lockout in the same cases. In the absence of a
certified or duly recognized bargaining representative, any legitimate
labor organization in the establishment may declare a strike but only on
grounds of unfair labor practices.
o In bargaining deadlocks, a notice of strike or lockout shall be filed with the
regional branch of the Board at least thirty (30) days before the intended
date thereof, a copy of said notice having been served on the other party
concerned. In cases of unfair labor practice, the period of notice shall be
fifteen (15) days. However, in case of unfair labor practice involving the
dismissal from employment of any union officer duly elected in
accordance with the union constitution and by-laws which may constitute
union-busting where the existence of the union is threatened, the fifteen-
day cooling-off period shall not apply and the union may take action
immediately after the strike vote is conducted and the results thereof
submitted to the appropriate regional branch of the Board.
o Section 8.Contents of notice.- The notice shall state, among others, the names
and addresses of the employer and the union involved, the nature of the
industry to which the employer belongs, the number of union members and of
the workers in the bargaining unit, and such other relevant data as may
facilitate the settlement of the dispute, such as a brief statement or enumeration
of all pending labor disputes involving the same parties.
o In cases of bargaining deadlocks, the notice shall, as far as practicable, further
state the unresolved issues in the bargaining negotiations and be accompanied
by the written proposals of the union, the counter-proposals of the employer
and the proof of a request for conference to settle the differences. In cases of
unfair labor practices, the notice shall, as far as practicable, state the acts
complained of and the efforts taken to resolve the dispute amicably.
o In case a notice does not conform with the requirements of this and the
foregoing section/s, the regional branch of the Board shall inform the
concerned party of such fact.
o Section 9.Action on Notice. - Upon receipt of the notice, the regional branch of
the Board shall exert all efforts at mediation and conciliation to enable the
parties to settle the dispute amicably. The regional branch of the Board may,
upon agreement of the parties, treat a notice as a preventive mediation case. It
shall also encourage the parties to submit the dispute to voluntary arbitration.
o During the proceedings, the parties shall not do any act which may disrupt
or impede the early settlement of the dispute. They are obliged, as part of
their duty to bargain collectively in good faith and to participate fully and
 promptly in the conciliation meetings called by the regional branch of the
Board.
o A notice, upon agreement of the parties, may be referred to alternative modes of
dispute resolution, including voluntary arbitration.
o Section 10.Strike or lockout vote. - A decision to declare a strike must be
approved by a majority of the total union membership in the bargaining
unit concerned obtained by secret ballot in meetings or referenda called
for the purpose. A decision to declare a lockout must be approved by a
majority of the Board of Directors of the employer, corporation or
association or the partners in a partnership obtained by a secret ballot in
a meeting called for the purpose.
o The regional branch of the Board may, at its own initiative or upon request of
any affected party, supervise the conduct of the secret balloting. In every case,
the union or the employer shall furnish the regional branch of the Board and the
notice of meetings referred to in the preceding paragraph at least twenty-four
(24) hours before such meetings as well as the results of the voting at least
seven (7) days before the intended strike or lockout, subject to the cooling-off
period provided in this Rule
o Section 11.Declaration of strike or lockout. - Should the dispute remain
unsettled after the lapse of the requisite number of days from the filing of
the notice of strike or lockout and of the results of the election required in
the preceding section, the labor union may strike or the employer may
lock out its workers. The regional branch of the Board shall continue
mediating and conciliating.
o Section 12.Improved offer balloting. - In case of a strike, the regional
branch of the Board shall, at its own initiative or upon the request of any
affected party, conduct a referendum by secret balloting on the improved
offer of the employer on or before the 30th day of strike. When at least a
majority of the union members vote to accept the improved offer, the
striking workers shall immediately return to work and the employer shall
thereupon re-admit them upon the signing of the agreement.
o In case of a lockout, the regional branch of the Board shall also 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
directors or trustees or the partners holding the controlling interest in the
case of partnership vote to accept the reduced offer, the workers shall
immediately return to work and the employer shall thereupon readmit
them upon the signing of the agreement.
o Section 13.Peaceful picketing. - Workers shall have the right to peaceful
picketing. No person engaged in picketing shall commit any act of
violence, coercion or intimidation or obstruct the free ingress to or egress
from the employer's premises for lawful purposes, or obstruct public
thoroughfares.
o No person shall obstruct, impede or interfere with, by force, violence,
coercion, threats or intimidation, any peaceful picketing by workers
during any labor controversy or in the exercise of the right to self-
organization or collective bargaining or shall aid or abet such obstruction
or interference. No employer shall use or employ any person to commit such
acts nor shall any person be employed for such purpose.
o Section 14.Injunctions. - No court or entity shall enjoin any picketing, strike or
lockout, except as provided in Articles 218 and 263 of the Labor Code.
o The Commission shall have the power to issue temporary restraining
orders in such cases but only after due notice and hearing and in
accordance with its rules. The reception of evidence for the application of
a writ of injunction may be delegated by the Commission to any Labor
 Arbiter who shall submit his recommendations to the Commission for its
consideration and resolution.
o Any ex parte restraining order issued by the Commission, or its chairman
or Vice-Chairman where the Commission is not in session and as
prescribed by its rules, shall be valid for a period not exceeding twenty
(20) days.
o Section 15.Criminal prosecution. - The regular courts shall have jurisdiction
over any criminal action under Article 272 of the Labor Code.
iii. Ilaw at Buklod ng Manggagawa: Where RA 6727 and its IRR prescribes a
specific, detailed, and comprehensive procedure for correcting wage distortions
which may result from application of said wage order, strikes and other
concerted activities were impliedly excluded as a mode of settlement.
c. Limitations
BLT Bus Co: Only the officers of the union deserved to be penalized with the loss of their
employment status. The leaders of the union are the moving force in the declaration of
the strike and the Rank-in-file employees merely followed. Likewise, viewed in the light
of Article 264(e), those who participated in the commission of illegal acts who stood
charged criminally thereof in court must be penalized.
B. Strike
a. Definition
"Strike" means any temporary stoppage of work by the concerted action of employees as
a result of an industrial or labor dispute.
"Strike" refers to any temporary stoppage of work by the concerted action of employees
as a result of a labor or industrial dispute.
G&S Transport Corp: Art. 212 defines strike as any temporary stoppage of work by the
concerted action of employees as a result of an industrial or labor dispute. Hence, a
valid strike presupposes the existence of a labor dispute, a situation which does not
obtain in the case at bar. However, a union members mere participation in an illegal
strike is not a sufficient ground for termination, unless there is substantial evidence to
prove particular illegal acts of his.
Pilipino Telephone Corporation: Strike is the most preeminent economic weapon of
the workers to force management to agree to an equitable sharing of the joint product of
labor and capital This weapon is so critical that the law imposes the supreme penalty of
dismissal on union officers who irresponsibly participate in an illegal strike and union
members who commit unlawful acts during a strike. The responsibility of the union
officers, as main players in an illegal strike, is greater than that of the members as the
union officers have the duty to guide their members to respect the law
b. Nature and Purpose
BLT Bus Co: A worker who joins a strike does so precisely to assert or improve the
terms and conditions of his employment. If his purpose is to abandon his work, he would
not go to the trouble of joining a strike.
c. Rationale for Regulation by Law
Lapanday Workers Union: Undeniably, strikes exert some disquieting effects not only
on the relationship between labor and management but also on the general peace and
progress of society. Our laws thus regulate their exercise within reasons by balancing
the interests of labor and management together with the overarching public interest.
d. Scope of the term strike
Sta. Rosa Coca-Cola Plant Employees Union: The term strike encompasses not only
concerted work stoppages, but also slowdowns, mass leaves, sit-downs, attempts to
damage, destroy or sabotage plant equipment and facilities, and similar activities.
e. Effect on Work Relationship
Chuayuco Steel: A union officer who knowingly participates in an illegal strike and a
worker who knowingly participates in the commission of an illegal strike are deemed to
have lost their employment status.
f. Types and Conversion
[A] no-strike clause in a CBA is applicable only to economic strikes. Corollarily, if the
strike is founded on an unfair labor practice of the employer, a strike declared by the
union cannot be considered a violation of the no-strike clause.
o Unfair Labor Practice
During the cooling-off period, it shall be the duty of the Ministry to
exert all efforts at mediation and conciliation to effect a voluntary
settlement. Should the dispute remain unsettled until the lapse of the
requisite number of days from the mandatory filing of the notice, the
labor union may strike or the employer may declare a lockout.
Shell Oil Workers Union: In staging the ULP strike, a union could also
file an unfair labor practice case before the Court of Industrial
Relations. It is not precluded, however, from relying on its own
resources to frustrate such an effort on the part of employer. It is not
even required that there be in fact an unfair labor practice committed
by the employer. It suffices, if such a belief in good faith is entertained
by labor, as the inducing factor for staging a strike. So it was clearly
stated by then present Chief Justice while still an Associate Justice of
this Court: "As a consequence, we hold that the strike in question had
been called to offset what petitioners were warranted in believing in
good faith to be unfair labor practices on the part of Management, that
petitioners were not bound, therefore, to wait for the expiration of
thirty (30) days from notice of strike before staging the same, that said
strike was not, accordingly, illegal and that the strikers had not thereby
lost their status as employees of respondents herein."
o Bargaining DeadlockEconomic/ULP
During the cooling-off period, it shall be the duty of the Ministry to
exert all efforts at mediation and conciliation to effect a voluntary
settlement. Should the dispute remain unsettled until the lapse of the
requisite number of days from the mandatory filing of the notice, the
labor union may strike or the employer may declare a lockout.
Consolidated Labor Association of the Phils.:
o Non-ConversionStrike to Lockout
Sukhothai Cuisine and Restaurant: Strikes staged in violation of
agreements providing for the arbitration are illegal, since these
agreements must be strictly adhered to and respected if their ends are
to be achieved. The rationale of the prohibition under Art 264 is that
once jurisdiction over the labor dispute has been properly acquired by
competent authority, that jurisdiction should not be interfered with by
the application of the coercive processes of a strike.
g. Grounds
i. Allowable Strikes
1. During the cooling-off period, it shall be the duty of the Ministry to
exert all efforts at mediation and conciliation to effect a voluntary
settlement. Should the dispute remain unsettled until the lapse of the
requisite number of days from the mandatory filing of the notice, the
labor union may strike or the employer may declare a lockout.
ii. Prohibited Strikes
1. However, no labor union may strike and no employer may declare a
lockout on grounds involving inter-union and intra-union disputes.
2. When, in his opinion, there exists a labor dispute causing or likely to
cause a strike or lockout in an industry indispensable to the national
interest, the Secretary of Labor and Employment may assume
jurisdiction over the dispute and decide it or certify the same to the
Commission for compulsory arbitration. Such assumption or
 certification shall have the effect of automatically enjoining the
intended or impending strike or lockout as specified in the assumption
or certification order. If one has already taken place at the time of
assumption or certification, all striking or locked out employees shall
immediately return-to-work and the employer shall immediately
resume operations and readmit all workers under the same terms and
conditions prevailing before the strike or lockout.
Ilaw at Buklod ng Manggagawa (IBM): LC 263 declares that
in line with the policy of the State to encourage free trade and
unionism and free collective bargaining, workers shall have the
right to engage in concerted activities. Strike = temporary
stoppage of work. Picketing = marching to and fro at the
employer's premises, usually accompanied by the display of
placards making known the facts involved in a labor dispute.
Boycott = concerted refusal to patronize an employer's goods
or services and to persuade others to a like refusal. Legality of
these activities is dependent on the legality of the purposes.
3. Biflex Phils. Inc. Labor Union: An intra-union dispute refers to any
conflict between and among union members. On the other hand, an
inter-union dispute refers to any conflict between and among
legitimate labor organizations involving questions of representation for
purposes of collective bargaining. Like labor disputes, jurisdiction over
intra-union and inter-union disputes is vested in the Bureau of Labor
Relations Divisions in the regional offices of the Department of Labor
and not with the regular courts.
4. Inter-Union/Intra-Union Dispute
a. Marino: An intra-union dispute refers to any conflict between
and among union members. On the other hand, an inter-union
dispute refers to any conflict between and among legitimate
labor organizations involving questions of representation for
purposes of collective bargaining. Like labor disputes,
jurisdiction over intra-union and inter-union disputes is vested
in the Bureau of Labor Relations Divisions in the regional
offices of the Department of Labor and not with the regular
courts.
b. Employees Union of Bayer Phil: Rule XI of Department Order
No. 40-03, Series of 2003 of the DOLE enumerates the
circumstances that can be deemed as inter/intra-union
disputes. Petitions not alleging any issues that fall within the
circumstances enumerated is not excluded from the
jurisdiction of the NLRC even if the circumstances of the case
appear to involve an intra/inter-union dispute.
iii. No Strike Clause
1. Panay Electric Co. Inc: The right to strike is not absolute. A no strike
no lockout provision in a CBA is valid. But it can only be invoked by the
employer when the strike is economic in nature or one to force wage or
other concessions that are not mandated to be granted by the law itself.
A no strike no lockout clause is not applicable to prevent a strike
grounded on ULP. However, in this case, the union did not have an
honest belief in good faith that the company has committed ULP.
2. Malayang Samahan ng Manggagawa sa M. Greenfield: no strike, no
lock out provision can only be invoked when the strike is economic in
nature, i.e. to force wage or other concessions from the employer which
he is not required by law to grant. Such a provision cannot be used to
assail the legality of a strike which is grounded on unfair labor practice.
h. Striking Party
i. Any certified or duly recognized bargaining representative may declare a strike
in cases of bargaining deadlocks and unfair labor practices. The employer may
declare a lockout in the same cases. In the absence of a certified or duly
recognized bargaining representative, any legitimate labor organization in the
establishment may declare a strike but only on grounds of unfair labor
practices.
i. Procedural Requirements
i. Effort to Bargain
No labor organization or employer shall declare a strike or
lockout without first having bargained collectively in
accordance with Title VII of this Book or without first having
filed the notice required in the preceding Article or without
the necessary strike or lockout vote first having been
obtained and reported to the Ministry.
No strike or lockout shall be declared after assumption of
jurisdiction by the President or the Minister or after
certification or submission of the dispute to compulsory or
voluntary arbitration or during the pendency of cases
involving the same grounds for the strike or lockout.
Any worker whose employment has been terminated as a
consequence of any unlawful lockout shall be entitled to
reinstatement with full backwages. Any union officer who
knowingly participates in an illegal strike and any worker or
union officer who knowingly participates in the commission of
illegal acts during a strike may be declared to have lost his
employment status: Provided, That mere participation of a
worker in a lawful strike shall not constitute sufficient ground
for termination of his employment, even if a replacement had
been hired by the employer during such lawful strike.
In the absence of an agreement or other voluntary
arrangement providing for a more expeditious manner of
collective bargaining, it shall be the duty of employer and the
representatives of the employees to bargain collectively in
accordance with the provisions of this Code.
The duty to bargain collectively means the performance of a
mutual obligation to meet and convene promptly and
expeditiously in good faith for the purpose of negotiating an
agreement with respect to wages, hours of work and all other
terms and conditions of employment including proposals for
adjusting any grievances or questions arising under such
agreement and executing a contract incorporating such
agreements if requested by either party but such duty does not
compel any party to agree to a proposal or to make any
concession.
Employers Counter-Proposal
o Club Filipino Inc: Rule XXII, Section 4 of the Omnibus
Rules, in stating that the a notice of strike filed by the
union shall have the unions counter-proposal
attached, use the words "as far as practicable."
In this case, attaching the counter-proposal of the
company to the notice of strike of the union was not
practicable. It was absurd to expect the union to
 produce the companys counter-proposal which it did
not have.
ii. Filing of Notice of Intention
1. In case of bargaining deadlocks, the duly certified or recognized
bargaining agent may file a notice of strike or the employer may
file a notice of lockout with the Ministry at least 30 day before the
intended date thereof. In cases of unfair labor practice, the period of
notice shall be 15 days and in the absence of a duly certified or
recognized bargaining agent, the notice of strike may be filed by any
legitimate labor organization in behalf of its members. However, in case
of dismissal from employment of union officers duly elected in
accordance with the union constitution and by-laws, which may
constitute union busting, where the existence of the union is
threatened, the 15-day cooling-off period shall not apply and the union
may take action immediately.
2. The notice must be in accordance with such implementing rules and
regulations as the Minister of Labor and Employment may promulgate.
3. During the cooling-off period, it shall be the duty of the Ministry to
exert all efforts at mediation and conciliation to effect a voluntary
settlement. Should the dispute remain unsettled until the lapse of the
requisite number of days from the mandatory filing of the notice, the
labor union may strike or the employer may declare a lockout.
4. No labor organization or employer shall declare a strike or lockout
without first having bargained collectively in accordance with Title VII
of this Book or without first having filed the notice required in the
preceding Article or without the necessary strike or lockout vote first
having been obtained and reported to the Ministry.
5. No strike or lockout shall be declared after assumption of jurisdiction
by the President or the Minister or after certification or submission of
the dispute to compulsory or voluntary arbitration or during the
pendency of cases involving the same grounds for the strike or lockout.
6. Any worker whose employment has been terminated as a consequence
of any unlawful lockout shall be entitled to reinstatement with full
backwages. Any union officer who knowingly participates in an illegal
strike and any worker or union officer who knowingly participates in
the commission of illegal acts during a strike may be declared to have
lost his employment status: Provided, That mere participation of a
worker in a lawful strike shall not constitute sufficient ground for
termination of his employment, even if a replacement had been hired
by the employer during such lawful strike.
b. In bargaining deadlocks, a notice of strike or lockout shall be filed with
the regional branch of the Board at least thirty (30) days before the
intended date thereof, a copy of said notice having been served on the
other party concerned. In cases of unfair labor practice, the period of
notice shall be fifteen (15) days. However, in case of unfair labor
practice involving the dismissal from employment of any union officer
duly elected in accordance with the union constitution and by-laws
which may constitute union-busting where the existence of the union is
threatened, the fifteen-day cooling-off period shall not apply and the
union may take action immediately after the strike vote is conducted
and the results thereof submitted to the appropriate regional branch of
the Board.
iii. Observance of Cooling-off Period
1. In case of bargaining deadlocks, the duly certified or recognized
bargaining agent may file a notice of strike or the employer may file a
 notice of lockout with the Ministry at least 30 day before the intended
date thereof. In cases of unfair labor practice, the period of notice shall
be 15 days and in the absence of a duly certified or recognized
bargaining agent, the notice of strike may be filed by any legitimate
labor organization in behalf of its members. However, in case of
dismissal from employment of union officers duly elected in accordance
with the union constitution and by-laws, which may constitute union
busting, where the existence of the union is threatened, the 15-day
cooling-off period shall not apply and the union may take action
immediately.
2. During the cooling-off period, it shall be the duty of the Ministry to
exert all efforts at mediation and conciliation to effect a voluntary
settlement. Should the dispute remain unsettled until the lapse of the
requisite number of days from the mandatory filing of the notice, the
labor union may strike or the employer may declare a lockout.
iv. Vote
1. A decision to declare a strike must be approved by a majority of the
total union membership in the bargaining unit concerned, obtained by
secret ballot in meetings or referenda called for that purpose. A
decision to declare a lockout must be approved by a majority of the
board of directors of the corporation or association or of the partners
in a partnership, obtained by secret ballot in a meeting called for that
purpose. The decision shall be valid for the duration of the dispute
based on substantially the same grounds considered when the strike or
lockout vote was taken. The Ministry may, at its own initiative or upon
the request of any affected party, supervise the conduct of the secret
balloting. In every case, the union or the employer shall furnish the
Ministry the results of the voting at least seven days before the
intended strike or lockout, subject to the cooling-off period herein
provided.
2. Pilipino Telephone Corp: Before a strike is actually commenced, a
strike vote should be taken by secret balloting, with a 24-hour prior
notice to NCMB. The decision to declare a strike requires the secret-ballot
approval of majority of the total union membership in the bargaining
unit concerned.
3. Sukhothai Cuisine and Restaurant: case of dismissal from
employment of union officers duly elected in accordance with the union
constitution and by-laws, which may constitute union busting where
the existence of the union is threatened, the union may strike
immediately provided that the strike vote is conducted, the results
thereof submitted in every case at least seven days before the
intended strike or lockout. In sum, in case of alleged union busting, the
three remaining requirementsnotice, strike vote, and seven-day
report periodcannot be dispensed with.
j. Test of Legality
i. Legal Strikes
1. Purpose and Means Test
2. Guidelines and Balancing of Interest
a. Shell Oil Workers Union:
b. Stamford Mark. Corp: Indeed, the right to strike, while
constitutionally recognized, is not without legal
restrictions. The Labor Code regulates the exercise of said right
by balancing the interests of labor and management in the
light of the overarching public interest. Thus, paragraphs (c)
and (f) of Article 263 mandate the following procedural steps
 to be followed before a strike may be staged: filing of notice of
strike, taking of strike vote, and reporting of the strike vote
result to the Department of Labor and Employment. It bears
stressing that these requirements are mandatory, meaning,
non-compliance therewith makes the strike illegal. The evident
intention of the law in requiring the strike notice and strike-
vote report is to reasonably regulate the right to strike, which
is essential to the attainment of legitimate policy objectives
embodied in the law.
3. Defenses Good Faith
a. Master Iron Labor Union
b. National Union of Workers, Hotels, Restaurant and Allied
Industries:
ii. Illegal Strikes
1. Basis of Illegality
2. Illegal Acts
No labor organization or employer shall declare a strike or
lockout without first having bargained collectively in
accordance with Title VII of this Book or without first having
filed the notice required in the preceding Article or without the
necessary strike or lockout vote first having been obtained and
reported to the Ministry.

No strike or lockout shall be declared after assumption of

jurisdiction by the President or the Minister or after
certification or submission of the dispute to compulsory or
voluntary arbitration or during the pendency of cases
involving the same grounds for the strike or lockout.

Any worker whose employment has been terminated as a

consequence of any unlawful lockout shall be entitled to
reinstatement with full backwages. Any union officer who
knowingly participates in an illegal strike and any worker
or union officer who knowingly participates in the
commission of illegal acts during a strike may be declared
to have lost his employment status: Provided, That mere
participation of a worker in a lawful strike shall not constitute
sufficient ground for termination of his employment, even if a
replacement had been hired by the employer during such
lawful strike.

No person shall obstruct, impede, or interfere with, by

force, violence, coercion, threats or intimidation, any
peaceful picketing by employees during any labor
controversy or in the exercise of the right to self-
organization or collective bargaining, or shall aid or abet
such obstruction or interference.

No employer shall use or employ any strike-breaker, nor

shall any person be employed as a strike-breaker.

No public official or employee, including officers and

personnel of the New Armed Forces of the Philippines or
the Integrated National Police, or armed person, shall
 bring in, introduce or escort in any manner, any individual
who seeks to replace strikers in entering or leaving the
premises of a strike area, or work in place of the strikers.
The police force shall keep out of the picket lines unless
actual violence or other 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
enforce the law and legal order. (As amended by Executive
Order No. 111, December 24, 1986)

No person engaged in picketing shall commit any act of

violence, coercion or intimidation or obstruct the free
ingress to or egress from the employers premises for
lawful purposes, or obstruct public thoroughfares. (As
amended by Batas PambansaBilang 227, June 1, 1982)
3. Effect of Illegality
a. Any union officer who knowingly participates in an illegal
strike and any worker or union officer who knowingly
participates in the commission of illegal acts during a strike
may be declared to have lost his employment status
Sukhothai Cuisine and Restaurant: Citing Art. 264 of the LC,
the Court said that strikes staged in violation of agreements
providing for arbitration are illegal, for once jurisdiction over
the labor dispute has been properly acquired by competent
authority, coercive processes (like strikes or lockouts) should
not be used to interfere with that jurisdiction. The alleged
illegal dismissals of Lucente and Lanorias cannot be relied
upon as grounds for a valid strike, for such issues should have
been left by the union to be dealt with by the voluntary arbiter,
or through other appropriate remedies under the LC. Thus, the
strike was illegal.
Phimco Industries: Despite the validity of the purpose of a
strike and the unions compliance with the procedural
requirements, a strike may still be held illegal where the means
employed are illegal. While the strike had not been marred by
actual violence and patent intimidation, the picketing that
respondent PILA officers and members undertook as part of
their strike activities effectively blocked the free ingress to and
egress from PHIMCOs premises, thus preventing non-striking
employees and company vehicles from entering the PHIMCO
compound. In this manner, the picketers violated Article
264(e) of the Labor Code and tainted the strike with illegality.
4. Liabiltiies of participating members/officers of the union
Danilo Escario: Union members who participate in an illegal
strike are entitled to reinstatement. However, they are not
entitled to backwages based on Art 264(a) and based on the
principle of a fair days wage for a fair days labor,
5. Effect of Assumption/certification order
When, in his opinion, there exists a labor dispute causing or
likely to cause a strike or lockout in an industry indispensable
to the national interest, the Secretary of Labor and
Employment may assume jurisdiction over the dispute and
decide it or certify the same to the Commission for compulsory
arbitration. Such assumption or certification shall have the
 effect of automatically enjoining the intended or impending
strike or lockout as specified in the assumption or certification
order. If one has already taken place at the time of assumption
or certification, all striking or locked out employees shall
immediately return-to-work and the employer shall
immediately resume operations and readmit all workers under
the same terms and conditions prevailing before the strike or
lockout.
The Secretary of Labor and Employment may immediately
assume, within twenty four (24) hours from knowledge of the
occurrence of such a strike or lockout, jurisdiction over the
same or certify it to the Commission for compulsory
arbitration. For this purpose, the contending parties are
strictly enjoined to comply with such orders, prohibitions
and/or injunctions as are issued by the Secretary of Labor and
Employment or the Commission, under pain of immediate
disciplinary action, including dismissal or loss of employment
status or payment by the locking-out employer of backwages,
damages and other affirmative relief, even criminal
prosecution against either or both of them.
YSS Employees Union Phil Transport & Gen Workers Org:
assumption and certification orders are executory in character
and are to be strictly complied with by the parties, even during
the pendency of any petition questioning their validity
Bagong Pagkakaisa ng Manggagawa ng Triumph
International:
6. Mass Leave
Solidbank Corp: The term "strike" shall comprise not only
concerted work stoppages, but also slowdowns, mass leaves,
sitdowns, attempts to damage, destroy or sabotage plant
equipment and facilities and similar activities. Thus, the fact
that the conventional term "strike" was not used by the
striking employees to describe their common course of action
is inconsequential, since the substance of the situation, and not
its appearance, will be deemed to be controlling.
7. Employment of Strike Breakers
No employer shall use or employ any strike-breaker, nor shall
any person be employed as a strike-breaker.
"Strike-breaker" means any person who obstructs, impedes, or
interferes with by force, violence, coercion, threats, or
intimidation any peaceful picketing affecting wages, hours or
conditions of work or in the exercise of the right of self-
organization or collective bargaining.
8. Improved Offer Balloting and Strikes
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 improved offer the striking workers shall
immediately return to work and the employer shall thereupon
readmit them upon the signing of the agreement.
In case of a lockout, the Department of Labor and Employment
shall also 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 directors or
trustees or the partners holding the controlling interest in the
case of a partnership vote to accept the reduced offer, the
workers shall immediately return to work and the employer
shall thereupon readmit them upon the signing of the
agreement.
In case of a strike, the regional branch of the Board shall, at its
own initiative or upon the request of any affected party,
conduct a referendum by secret balloting on the improved
offer of the employer on or before the 30th day of strike. When
at least a majority of the union members vote to accept the
improved offer, the striking workers shall immediately return
to work and the employer shall thereupon re-admit them upon
the signing of the agreement.
In case of a lockout, the regional branch of the Board shall also
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 directors or trustees or the
partners holding the controlling interest in the case of
partnership vote to accept the reduced offer, the workers shall
immediately return to work and the employer shall thereupon
readmit them upon the signing of the agreement.
iii. Slowdown as Concerted Activity
iv. Picketing
1. Definition
2. Nature and Purpose of Picket Line
3. Picketing and Libel Laws
Philippine Commercial and Industrial Bank: Relying on
Philippine and American authorities on libel law, if the matter were
viewed solely from the placard, it is possible that while it was
aimed at PNB, the wording could reflect on a stranger to the
controversy, PCIB. PCIB was right to guard its reputation in the
field of banking. However, if viewed with calmness, objectivity, and
considering the good reputation of the bank, the statement reveals
lack of libelous imputation.
4. Curtailment
Nagkahiusang Manggagawa sa Cuizon Hotel: It is to be
understood, of course, that the peaceful picketing authorized
cannot countenance acts of illegality.
The interim BatasangPambansa has spoken on the subject thus:
"(e) No person engaged in picketing shall commit any act of
violence, coercion or intimidation or obstruct the free ingress to or
egress from the employer's premises for lawful purposes, or
obstruct public thoroughfares."
5. Regulation/Restrictions, Innocent Third Party Rule and Liabilities
Liwayway Publishing Co. Inc.: The right to picket is part of the
Constitutionally guaranteed freedom of speech. If peacefully
carried out, it cannot be curtailed even in the absence of ee-er
relationship. This is not absolute, however. It should not affect
innocent bystanders, and may be regulated if they are affected. The
ruling in Natl Garment and Textile Union that when CIR has already
acquired jurisdiction, the CFI cannot issue a writ of preliminary
injunction is not controlling and applicable in this case.
6. Prohibited ActivitiesPeaceful Picketing
 No person shall obstruct, impede, or interfere with, by force,
violence, coercion, threats or intimidation, any peaceful picketing
by employees during any labor controversy or in the exercise of the
right to self-organization or collective bargaining, or shall aid or
abet such obstruction or interference.
Workers shall have the right to peaceful picketing. No person
engaged in picketing shall commit any act of violence, coercion or
intimidation or obstruct the free ingress to or egress from the
employer's premises for lawful purposes, or obstruct public
thoroughfares.
No person shall obstruct, impede or interfere with, by force,
violence, coercion, threats or intimidation, any peaceful picketing
by workers during any labor controversy or in the exercise of the
right to self-organization or collective bargaining or shall aid or
abet such obstruction or interference. No employer shall use or
employ any person to commit such acts nor shall any person be
employed for such purpose.
v. Role of Peace Officers During Strikes and Picketing
1. Escorting
Prohibited Activities: No public official or employee, including
officers and personnel of the New Armed Forces of the Philippines
or the Integrated National Police, or armed person, shall bring in,
introduce or escort in any manner, any individual who seeks to
replace strikers in entering or leaving the premises of a strike area,
or work in place of the strikers. The police force shall keep out of
the picket lines unless actual violence or other 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 enforce
the law and legal order.
2. Arrest and Detention of Law Violators
Requirement for arrest and detention.Except on grounds of
national security and public peace or in case of commission of a
crime, no union members or union organizers may be arrested or
detained for union activities without previous consultations with
the Secretary of Labor.
X. Employer Lockout

A. Basis, Limitation, Definition

a. The right of legitimate labor organizations to strike and picket and of employers to lockout,
consistent with the national interest, shall continue to be recognized and respected
b. "Lockout" means any temporary refusal of an employer to furnish work as a result of an
industrial or labor dispute.
c. Lockout" refers to the temporary refusal of an employer to furnish work as a result of a labor
or industrial dispute.
B. Effect on Work Relationship
C. Ground for Lockout
a. In case of bargaining deadlocks, the duly certified or recognized bargaining agent may file a
notice of strike or the employer may file a notice of lockout with the Ministry at least 30 day
before the intended date thereof. In cases of unfair labor practice, the period of notice shall
be 15 days and in the absence of a duly certified or recognized bargaining agent, the notice of
strike may be filed by any legitimate labor organization in behalf of its members. However,
in case of dismissal from employment of union officers duly elected in accordance with the
union constitution and by-laws, which may constitute union busting, where the existence of
 the union is threatened, the 15-day cooling-off period shall not apply and the union may take
action immediately.
D. Prohibited Lockout
a. no labor union may strike and no employer may declare a lockout on grounds involving inter-union
and intra-union disputes.
E. Procedural Requirements
a. Refer to strike requirements
b. Philtreat, etc.:
F. Effect of Illegal Lockout
a. Any worker whose employment has been terminated as a consequence of any unlawful lockout shall be
entitled to reinstatement with full backwages
XI. Labor Injunction
A. Definition and Nature
- Philippine Airlines: Injunction is a preservative remedy for the protection of ones substantive rights or
interest, it is merely a provisional remedy, an anjunct to a main suit. It can be invoked only in exceptional
cases, when there is a pressing necessity to avoid injurious consequences which cannot be remedied by
normal processes, that is, that there is no other plain, adequate, and complete remedy at law. The requisites
for the granting of such writ are: 1) the complaint alleges facts which appear to be sufficient to constitute a
proper basis for injunction; 2) that on the entire showing from the contending parties, the injunction is
reasonably necessary to protect the legal right of the plaintiff pending the litigation. It is not a remedy
favored in labor law, for it may be issued only in cases of extreme necessity based on legal grounds clearly
established, when all efforts at conciliation have been exhausted.
B. General RuleProhibition
a. No temporary or permanent injunction or restraining order in any case involving or growing out of
labor disputes shall be issued by any court or other entity, except as otherwise provided in Articles 218
and 264 of this Code.
b. The Commission shall have the power and authority: To enjoin or restrain any actual or threatened
commission of any or all prohibited or unlawful acts or to require the performance of a particular act in
any labor dispute which, if not restrained or performed forthwith, may cause grave or irreparable
damage to any party or render ineffectual any decision in favor of such party: Provided, That no
temporary or permanent injunction in any case involving or growing out of a labor dispute as defined
in this Code shall be issued except after hearing the testimony of witnesses, with opportunity for cross-
examination, in support of the allegations of a complaint made under oath, and testimony in opposition
thereto, if offered, and only after a finding of fact by the Commission, to the effect:

1. That prohibited or unlawful acts have been threatened and will be committed and will be continued
unless restrained, but no injunction or temporary restraining order shall be issued on account of any
threat, prohibited or unlawful act, except against the person or persons, association or organization
making the threat or committing the prohibited or unlawful act or actually authorizing or ratifying the
same after actual knowledge thereof;
2. That substantial and irreparable injury to complainants property will follow;
3. That as to each item of relief to be granted, greater injury will be inflicted upon complainant by the
denial of relief than will be inflicted upon defendants by the granting of relief;
4. That complainant has no adequate remedy at law; and
5. That the public officers charged with the duty to protect complainants property are unable or
unwilling to furnish adequate protection.

Such hearing shall be held after due and personal notice thereof has been served, in such manner as the
Commission shall direct, to all known persons against whom relief is sought, and also to the Chief
Executive and other public officials of the province or city within which the unlawful acts have been
threatened or committed, charged with the duty to protect complainants property: Provided, however,
that if a complainant shall also allege that, unless a temporary restraining order shall be issued without
notice, a substantial and irreparable injury to complainants property will be unavoidable, such a
temporary restraining order may be issued upon testimony under oath, sufficient, if sustained, to
justify the Commission in issuing a temporary injunction upon hearing after notice. Such a temporary
restraining order shall be effective for no longer than twenty (20) days and shall become void at the
expiration of said twenty (20) days. No such temporary restraining order or temporary injunction shall
be issued except on condition that complainant shall first file an undertaking with adequate security in
an amount to be fixed by the Commission sufficient to recompense those enjoined for any loss, expense
or damage caused by the improvident or erroneous issuance of such order or injunction, including all
reasonable costs, together with a reasonable attorneys fee, and expense of defense against the order or
 against the granting of any injunctive relief sought in the same proceeding and subsequently denied by
the Commission.

The undertaking herein mentioned shall be understood to constitute an agreement entered into by the
complainant and the surety upon which an order may be rendered in the same suit or proceeding
against said complainant and surety, upon a hearing to assess damages, of which hearing, complainant
and surety shall have reasonable notice, the said complainant and surety submitting themselves to the
jurisdiction of the Commission for that purpose. But nothing herein contained shall deprive any party
having a claim or cause of action under or upon such undertaking from electing to pursue his ordinary
remedy by suit at law or in equity: Provided, further, That the reception of evidence for the application
of a writ of injunction may be delegated by the Commission to any of its Labor Arbiters who shall
conduct such hearings in such places as he may determine to be accessible to the parties and their
witnesses and shall submit thereafter his recommendation to the Commission.

- No court or entity shall enjoin any picketing, strike or lockout, except as provided in Articles 218 and 263 of
the Labor Code.

- The Commission shall have the power to issue temporary restraining orders in such cases but only after
due notice and hearing and in accordance with its rules. The reception of evidence for the application of a
writ of injunction may be delegated by the Commission to any Labor Arbiter who shall submit his
recommendations to the Commission for its consideration and resolution.

- Any ex parte restraining order issued by the Commission, or its chairman or Vice-Chairman where the
Commission is not in session and as prescribed by its rules, shall be valid for a period not exceeding twenty
(20) days.

- San Miguel Corp: Art. 254 LC provides that no temporary or permanent injunction or restraining order in
any case involving or growing out of labor disputes shall be issued by any court or other entity except in two
instances: (1) Art. 218(e) LC which expressly confers upon the NLRC the power to enjoin or restrain actual
and threatened commission of any or all prohibited or unlawful acts, or to require the performance of a
particular act in any labor dispute which, if not restrained or performed forthwith, may cause grave or
irreparable damage; and (2) Art. 264 LC when the labor organization or the employer engages in any of the
prohibited activities enumerated.

- Caltex Filipino Managers and Supervisors Association:

C. ExceptionsWhen Allowed
D. Issuing Agency
a. NLRC; Labor Arbiter
i. National Mines and Allied Workers Union: A third party who is not the judgment debtor in
the NLRC case can file an injunction against the writ of execution issued by the NLRC on
properties belonging to him. Such a case does not involve nor grow out of a labor dispute.
ii. Nestle Phils Inc:
b. Procedural Requirements
i. Ilaw at Buklod ng Manggagawa:
ii. Bisig ng Manggagawa sa Concrete:
c. Temporary Restraining Order
i. Dinio: There is no question that the issuance of a temporary restraining order is addressed to
the sound discretion of the Med-Arbiter. However, "this discretion should be exercised based
upon the grounds and in the manner provided by law." In the case of labor injunctions or
temporary restraining orders, one may issue only in instances where the complainant or
applicant will suffer grave or irreparable damages as provided in Sec. 5, Rule XVI, Book V of
the Omnibus Rules Implementing the Labor Code.