A:
1. Any certified or duly recognized bargaining representative may declare a strike in cases of bargaining deadlocks and ULP. The Er may declare a lockout in the same cases.
2. In the absence of a certified or duly recognized bargaining representative, any LLO in the establishment may declare a strike but only on grounds of ULP. [Sec. 6, Rule XXII, Book V, Implementing Rules, as amended by D.O. 40-03] Note: A strike conducted by a minority union is patently
illegal because no labor dispute which will justify the conduct of a strike may exist between the employer and a minority union.
Q: On what grounds may a strike or lockout be declared?
A:
1. Collective Bargaining Deadlock – economic 2. ULP – political
Note: It is possible to change an economic strike into a ULP
strike [Consolidated Labor Ass’n of the Phils. v. Marsman
and Co., G.R. No. L-17038, (1964)].
Q: Because of financial problems, the company decided to temporarily shutdown its operations at the dyeing and finishing division. It notified the DOLE of the shutdown. Raymund Tomaroy with 16 members of the union staged a picket in front of the company’s compound, carrying placards. He demanded a resumption of work and 13th month pay. The company filed a petition to declare the strike illegal. The union argues that they did not stage a strike, for considering that the dyeing and finishing division of the company was shut down, it could not have caused a work stoppage. Was the action of the union a strike?
A: Yes, the concerted efforts of the members of the union and its supporters caused a temporary work stoppage. The allegation that there can be no work stoppage because the operation in the division had been shut down is of no consequence. It bears stressing that the other divisions were fully operational [Bukluran ng Manggagawa sa Clothman Knitting Corp. v. CA, G.R. No. 158158, (2005)].
Q: What is conversion doctrine?
A: It is when a strike starts as economic and later, as it progresses, it becomes a ULP, or vice versa.
Q: Can a strike be converted into a lockout?
A: No, a strike cannot be converted into a pure and simple lockout by the mere expedient of filing before the trial court a notice of offer to return to work during the pendency of the labor dispute between the union and the Er [Rizal Cement Workers Union v. CIR, G.R. No. L-18442, (1962)].
Q: What are the instances where a strike or lockout cannot be declared?
A:
1. Violations of CBAs, except flagrant and/or malicious refusal to comply with economic provisions.
2. Inter-union disputes 3. Intra-union disputes
4. Failure to file a notice of strike or lockout or without necessary strike or lockout vote obtained and reported to the Board.
5. After assumption of jurisdiction by the Secretary has been declared
6. After certification or submission of the dispute to compulsory or voluntary arbitration
7. There is already a pending case involving the same grounds for the strike or lockout.
8. Labor standards cases such as wage orders. [Sec. 5, Rule XXII, Book V, Implementing Rules, as amended by D.O. 40-03]
Q: When does a deadlock in collective bargaining arise?
A: A deadlock arises when there is an impasse which presupposes reasonable effort at good faith in bargaining which, despite noble intentions, does not conclude in agreement between the parties.
Q: What is an internal union dispute?
A: It includes all disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by-laws of a union, including any violation of the rights and conditions of union membership provided for in this LC. (Art. 212 [q], LC) Q: What is a labor dispute?
A: Any controversy or matter concerning terms or conditions or representation of persons in
negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employers and employees. [Gold City Integrated Port Services, Inc. v. NLRC, G.R. No. 103560, (1995)]
Q: When is a person or entity considered as participating or interested in a labor dispute? A:
1. If relief is sought against him or it, and
2. He or it is engaged in the same industry, trade, craft, or occupation in which such dispute occurs, or
3. Has a direct or indirect interest therein, or 4. Is a member, officer, or agent of any association
composed in whole or in part of Ees or Ers engaged in such industry, trade, craft, or occupation.
Q: Liwayway Publication Inc. is a second sub lessee of a part of the premises of the Permanent Concrete Products, Inc. It has a bodega for its newsprint in the sublet property which it uses for its printing and publishing business. The daily supply of newsprint needed to feed its printing plant is taken from its warehouse. The employees of the Permanent Concrete Products Inc. declared a strike against their company. The union members picketed, stopped and prohibited Liwayway’s trucks from entering the compound to load newsprint from its bodega. Does the lower court have jurisdiction to issue a writ of preliminary injunction considering that there was a labor dispute between Permanent Concrete Products, Inc. and the union?
A: Yes, Liwayway Publication Inc. is not in any way related to the striking union except for the fact that it is the sub- lessee of a bodega in the company’s compound.
The business of Liwayway is exclusively the publication of magazines which has absolutely no relation or connection whatsoever with the cause of the strike of the union against their company, much less with the terms, conditions or demands of the strikers. Liwayway is merely a 3rd person or an innocent by-stander [Liwayway Pub., Inc. v. Permanent Concrete Workers Union, G.R. No. L- 25003, (1981)].
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