Evaluación de impacto ambiental de la ingeniería civil

A:

1. Strike 2. Lockout 3. Picketing 4. Boycott

5. Other Concerted Activities a. Collective Letter b. Publicity

c. Placards and Banners

d. Speeches Music and Broadcasts Q: What is a strike?

A: It means any temporary stoppage of work by the concerted action of Ees as a result of an industrial or labor dispute. (Sec.1 [uu], Rule I, Book V, IRR)

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.

The right to strike, while constitutionally recognized, is not without legal constrictions. Art. 264(a) of the LC, as amended, provides that no strike or lockout shall be declared after assumption of jurisdiction by the President or the Secretary 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. The court has consistently ruled that once the Secretary of Labor assumes jurisdiction over a labor dispute, such jurisdiction should not be interfered with by the application of the coercive processes of a strike or lockout. A strike that is undertaken despite the issuance by the Secretary of Labor of an assumption order and/or certification is a prohibited activity and thus illegal [Solidbank Corporation v. Ernesto U. Gamier/ Solid Bank Union, G.R. No. 159460, (Nov. 2010)].

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

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

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