[Part 1. REGULATIONS AND LIMITS OF STRIKE AND LOCKOUT] Art. 263. Strikes, Picketing, and Lockouts, 528
Art. 264. Prohibited Activities, 531 Art. 265. Improved Offer Balloting, 532
Comments and Cases
1. The Right to Engage in Concerted Activities, 532 1.1 Concerted Activity by one, 533
2. Nature of Strike, 534 2.1 Defi nition, 534 2.2 Characteristics, 534
2.3 Basic Objective, 535 2.4 Constitutional Status, 535
2.5 Nature and Defi nition of Lockout, 536 3. Grounds for Strike/Lockout, 537
4. Kinds of Strike, 539 4.1 Extent, 539
4.2 Nature of the Act, 539
4.3 Degree of Employee Interest, 539
4.4 Purpose or Nature of Employee Interest, 539 5. A Valid Strike Needs a Labor Dispute, 542
5.1 Sympathetic Strike, 543
5.2 Welga ng Bayan (People’s Strike), 543
6. Avoidance of Strike, 544
6.1 Conciliation, Mediation, Compromise to Avoid Strike, 545 6.2 Premature Strike, 545
7. Protection of Strike, 546 7.1 Role of the Police, 547 8. Status of Strikers, 548
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9. Legality of Strike: The Six Factors Affecting Legality, 549 10. First Factor in Legality of Strike: Statutory Prohibition, 550 11. Second Factor in Legality of Strike: Procedural
Requirements, 553
11.1 Declaration of Strike or Lockout, 557
11.2 Procedural Requirements, Mandatory; Non-observance Makes Strike Illegal, 557
11.2a Strike on Installment: Work Slowdown and Overtime Boycott, 561
11.3 In Case of Union Busting, 562 11.4 Strike During Arbitration, Illegal, 563 11.5 Strike Despite Preventive Mediation, 564 11.6 Violation of a Valid Order, 566
11.7 Grievance Procedure Bypassed, 566
11.8 Dismissal of Employees During Conciliation, When Legal and Enforceable, 569
12. Third Factor in Legality of Strike: Purpose; Economic and ULP Strike, 570
12.1 The Conversion Doctrine, 571
12.2 Lawful Purpose: Strike Incident to Collective Bargaining, 572
12.2a Legality of Strike Nor Dependent Upon Ability of Management to Grant Demands, 573 12.3 Lawful Purpose: Strike Against Employer’s Unfair Labor Practice, 574
12.4 Lawful Purpose: ULP Strike in Good Faith, 575 12.4a The “Good-Faith Strike” Doctrine Retraced and
Reiterated, 577
12.4b “Good-Faith Strike” Doctrine Applied Even to a Strike without Prior Notice and Despite a No-Strike Clause, 579
12.4c Even “Good-Faith Strike” Requires Rational
Basis, 580
12.4d Do the Procedural Requirements Apply even to a ULP Strike in Good Faith?, 582
12.5 Lawful Purpose: Strike to Compel Recognition of and Bargaining with the Majority Union, 583
12.6 Unlawful Purpose: Strike for Union Recognition Without Having Proven Majority Status, 584
12.6a May a Minority Union Strike?, 585
12.6b Strike Held to Compel Recognition while Case is Unresolved, Illegal, 586
12.7 Unlawful Purpose: Trivial, Unjust, or Unreasonable, 587 12.8 Strike to Compel Removal of an Employee; Implied Assertion of Union Infallibility, 588
12.9 Unlawful Purpose: Strike on Nonstrikeable Issue, 589 12.9a Nonstrikeable: Physical Rearrangement of Offi ce, 589
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12.9b Nonstrikeable: Company’s Sales Evaluation
Policy, 590
12.9c Nonstrikeable: Salary Distortion Under the Wage Rationalization Act, 591
12.9d Nonstrikeable: Inter-union or Intra-union Dispute, 593 13. Fourth Factor in Legality of Strike: Means and Methods, 593
13.1 Threats, Coercion or Violence, 593 13.1a Violence on Both Sides, 595 13.2 Responsibility for Use of Force: Individual or Collective?, 595
“Causes of Violence”, 596
13.3 Minor Disorders, 597
13.4 Offi cials’ Inability to Leave Premises, Not Illegal Detention, 598 13.5 Blockade or Obstruction, 599
14. Fifth Factor in Legality of Strike: Injunction, 599
14.1 “National Interest” Cases; Automatic Injunction and Return-to-Work Order, 599
“Don’t Pull Down the House”, 599
14.2 What are Considered “National Interest” Cases, 600 14.2a “National Interest” by Statutory Declaration, 601 14.3 Assumption of Jurisdiction: Prior Notice Not Required, 602 14.4 Power to Assume Jurisdiction, Constitutional, 602
14.5 Certifi cation to NLRC, 603 14.6 Effects of Defi ance, 603
14.7 Assumption or Certifi cation Order Immediately Effective Even without Return-to-Work Order; Strike Becomes an Illegal Activity, 605
14.8 Refusing to Receive the RTWO, 606 14.9 Defying the RTWO, 608
14.10 Defi ance of RTWO, an Illegal Act, 609
14.10a “Abandonment” has Varying Elements, 612 14.11 Restoration of Condition Upon Issuance of Return- to-Work Order, 612
14.12 Actual, Not-Payroll, Readmission, 613
14.13 Voluntary Return to Work Is Not Waiver of Original Demands, 614
14.14 All Issues to be Determined in the Certifi ed Industrial Dispute, 615
14.15 Submission of Incidental Issues; Rulings Reconciled, 617 14.16 Procedure in Certifi ed Cases, 620
14.17 Assumption Order Regulates Management Prerogatives, 621 14.18 “Legal Discretion”; Judicial Review of Secretary’s Award or Order, 622
14.19 Secretary’s Abuse of Discretion, Examples, 623 14.20 Withdrawal of Case to Submit to VA, 624
15. Sixth Factor in Legality of Strike: Agreement of the Parties, 624 15.1 Ruling in Master Iron Case, 626
15.2 No-Strike Clause Binding; Primacy of Voluntary Arbitration Agreement, 627
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15.3 No-Strike Clause Not Binding Upon Newly Certifi ed Bargaining Agent, 629
15.4 If Members Disregard a No-Strike Clause, Union May Become Liable, 630
15.5 No Violation If Work Stoppage Not Initiated or Supported by the Union, 630
15.6 No-Strike Pledge Inferred from Other Provisions, 631 16. Improved-Offer Balloting, 631
[Part 2. PICKETING AND OTHER CONCERTED ACTIONS] 1. Picketing, 632
1.1 As Phase of Freedom of Speech, 632 1.2 Picketing without Striking, 633 1.3 Moving Picket, 633
1.4 Picketing of Neutral Parties or “Innocent Bystanders”, 634 1.5 Picketing of Home, 636
1.6 Limitations, 636 1.7 Obstruction, 636
1.8 Violence and Intimidation, 637 1.9 Untruthful Picketing, 637 2. Other Concerted Activities, 638
2.1 Collective Letter, 638 2.2 Publicity, 638
2.3 Placards and Banners, 639 2.4 Wearing of Armbands, 639
2.5 Speeches, Music, and Broadcasts, 640
2.6 Employees’ Demonstration to Protest Police Abuses, 640 2.6a Rallies as Illegal Strike, 641
3. Boycott, 641
3.1 Kinds of Boycott, 642
3.2 Lawfulness of the Boycott, 643
3.3 Means or Methods to Carry Out the Boycott, 643 3.4 Overtime Boycott, 644
4. Slowdown, 644
Art. 266. Requirement for Arrest and Detention, 645
Comments
Directive to Prosecutors, 645
[Part 3. CONSEQUENCES OF CONCERTED ACTIONS] 1. Strikers’ Retention of Employment, 646
2. Strikers’ Loss of Employment, 648 2.1 What “Illegal Acts”?, 648
2.2 Suspension Instead of Dismissal, 649 2.3 Union Offi cers or Leaders?, 649
2.4 Shop Stewards are Union Offi cers, 650 2.5 Union Members, 651
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3. Who Declares “Loss of Employment Status”?, 651 3.1 Declaration of illegality of Strike Not a Prerequisite to Dismissal of illegal Strikers, 652
3.1a Exception: Pending Case at the NLRC, 652 4. “Good-Faith Strike”, 653
5. Strike Which Is Illegal and Not Marked with Good Faith — Strikers Forfeit their Employment, 654
6. Forfeiture of Reinstatement, 655
7. Discrimination in Readmission of Strikers, 656 8. Exaction of Promise or Clearances from Returning Strikers, 657
9. Reinstatement may Render Moot the Question of Illegality of Strike, 657
10. Generally, No Backwages in Strike, 658 10.1 Economic Strike, 658
10.1a Unfair Labor Practice Strike, 659
10.2 Exception: “Involuntary” Strikers Illegally Locked Out, 660 10.2a “Volunatry” Strikers in ULP Strike who Offered to Return to Work Unconditionally, 661
11. Court’s Discretion on Backwages, 662
12. Employer’s Right to Hire Replacements During Strike; Discharge of Replacements, 664
12.1 Where Reinstatement of Illegally Dismissed Strikers Has Become Impossible, Backwages Should be Paid, 665
13. Resignation of Strikers Does Not Prevent Signing of CBA, 666 14. Civil Liability of Labor Organizations, 667
14.1 Labor Organizations Not Liable for Unauthorized Acts of Offi cers, 667
14.2 Liability of Offi cers of Labor Organizations, 667 14.3 Liability of Members of Labor Organizations, 667 14.4 Liability of Labor Unions for Damages Arising from Boycott, 668
14.5 Liability of Labor Unions for Damages for Interfering with Right of Laborers to Work, 668
14.6 Liability for Extorting Money from Employers, 669 14.7 Liability for Damages Arising Out of Publications and Circulation of False Statements, 669
15. Damages, 669
Chapter II — ASSISTANCE TO LABOR ORGANIZATIONS