Ayudas y trabajos a instalaciones

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 controllin [Toyota Motor Phils. Corp. Workers Association v.

NLRC, 537 SCRA 174 (2007)]. It shall comprise not only

concerted work stoppages, but also slowdowns, mass leaves, sit downs, attempt to damage, destroy or sabotage plant equipment and facilities, and similar activities

[Samahang Manggagawa sa Sulpicion Lines v. Sulpicio Lines, Inc., G.R. No. 140992, (2004)].

Q: What is the purpose of a strike?

A: A strike is a coercive measure resorted to by laborers to enforce their demands. The idea behind a strike is that a company engaged in a profitable business cannot afford to have its production or activities interrupted, much less, paralyzed [Phil. Can

Co. v. CIR, G.R. No. L-3021, (1950)].

Q: What are the elements of a strike? A:

1. Existence of an Er-Ee relationship 2. Existence of a labor dispute

3. Employment relation is deemed to continue although in a state of belligerent suspension 4. Temporary work stoppage

5. Work stoppage is done through concerted action 6. The striking group is a legitimate labor

organization; in case of a bargaining deadlock, it must be the Ees’ sole bargaining representative Q: What are the different forms of strike?

A:

1. Legal Strike-one called for a valid purpose and

conducted through means allowed by law.

2. Illegal Strike-one staged for a purpose not

recognized by law, or if for a valid purpose, conducted through means not sanctioned by law.

3. Economic Strike- one staged by workers to force

wage or other economic concessions from the employer which he is not required by law to grant [Consolidated Labor Association of the Phil. vs. Marsman, G.R. No. L-17038, (1964)]

4. ULP Strike-one called to protest against the

employer’s acts of unfair practice enumerated in Art. 248 of the LC, as amended, including gross violation of the CBA and union busting.

5. Slow Down Strike-one staged without the

workers quitting their work but by merely slackening or by reducing their normal work output.

6. Wild-Cat Strike-one declared and staged without

filing the required notice of strike and without the majority approval of the recognized bargaining agent.

7. Sit Down Strike-one where the workers stop

working but do not leave their place of work. Q: Distinguish between an economic strike and a ULP strike.

A:

ECONOMIC

STRIKE ULP STRIKE

As to nature Voluntary strike because the employee will declare a strike to compel management to grant its demands

Involuntary strike; the LO is

forced to go on strike because of the ULP committed against them by the Er. It is an act of self-defense since the Ees are being pushed to the wall and their only remedy is to stage a

strike. Who will initiate The CB agent of

the appropriate bargaining unit can declare an economic strike

Either the CB agent or the LLO in behalf of its members

As to the cooling-off period 30 days from notice of strike before the intended date of actual strike subject to the 7-

day strike ban

15 days from the filing of the notice of strike

As to the exception to the cooling-off period

No exception – mandatory Note: notice of

strike and strike vote may be dispensed with; they may strike immediately

The cooling-off period may be dispensed with, and the union may take immediate action in

case of dismissal from employment of their officers

duly elected in accordance with the union’s constitution

and by-laws, which may constitute union busting where the existence of the union is threatened. It must still observe the mandatory 7- day strike ban period before it

can stage a valid strike Q: What is a lockout?

A: It means any temporary refusal of an Er to furnish work as a result of an industrial or labor dispute. (Art.

212 [p])

Q: When does lockout amount to ULP?

A: A lockout, actual or threatened, as a means of dissuading the Ees from exercising their rights is clearly an ULP. However, to hold an Er guilty, the evidence must establish that the purpose was to interfere with the Ees exercise of their rights.

Q: Is there any express statutory recognition of the workers’ right to strike and the employer’s right to lockout?

A: Yes. Art. 263(b) of the LC provides that workers shall have the right to engage in concerted activities for purposes of CB for their mutual benefit and protection. The right of LLOs to strike and picket and of Ers to lockout, consistent with the national interest, shall continue to be recognized and respected. However, no labor union may strike and no Er may declare a lockout on grounds involving inter-union and intra-union disputes.

Q: Is the right to strike or lockout absolute? Explain. A: No, the exercise of these rights is subject to reasonable restrictions pursuant to the police power of the State. It has been held that the right to strike, because of the more serious impact upon the public interest, is more vulnerable to regulation that the right to organize and select representatives for purposes of CB [National Federation of Sugar

Workers (NFSW) v. Ovejera, et al. G.R. No. L-59743, (1982)].

Q: What is picketing?

A: It is the act of marching to and fro the Ers premises which is usually accompanied by the display of placard and other signs, making known the facts involved in a labor dispute.

The right to picket as a means of communicating the facts of a labor dispute is a phase of the freedom of speech guaranteed by the Constitution.If peacefully carried out, it cannot be curtailed even in the absence of Er-Ee relationship [PAFLU v. Cloribel, G.R. No. L-

25878, (1969)].

Q: Is the right to picket an absolute right?

A: No, while peaceful picketing is entitled to protection as an exercise of free speech, the courts

are not without power to confine or localize the sphere of communication or the demonstration to the parties to the labor dispute, including those with related interests, and to insulate establishments or persons with no industrial connection or having interest totally foreign to the context of the dispute

[Liwayway Pub., Inc. v. Permanent Concrete Workers Union, G.R. No. L-25003, (1981)].

The right to peaceful picketing shall be exercised by the workers with due respect for the rights of others. No person engaged in picketing shall commit any act of violence, coercion or intimidation. Stationary picket, the use of means like placing of objects to constitute permanent blockade or to effectively close points of entry or exit in company premises are prohibited by law.

Q: Distinctions between strike and picketing.

STRIKE PICKETING

To withhold or to stop work by concerted action of Ees as a result of an industrial or labor dispute. The work stoppage may be

accompanied by

picketing by the striking employees outside of the company compound.

To march to and from the employer’s premises, usually accompanied by the display of placards and other signs making known the facts involved in a labor dispute. It is a strike activity separate and different from actual stoppage of work. Focuses on stoppage of

work

Focuses on publicizing the labor dispute and its incidents to inform the public of what Is happening in the company struck against. Note: A strike conducted by a union which acquired its legal

personality AFTER the filing of its notice of strike and the conduct of the strike vote is ILLEGAL.

Q: Who is a strike-breaker?

A: 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 CB. (Art. 212 [r], LC) Q: What is a strike area?

A: It means the establishment, warehouses, depots, plants or offices, including the sites or premises used as runaway shops, of the Er struck against, as well as the immediate vicinity actually used by picketing strikers in moving to and fro before all points of

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