STRIKES AND LOCKOUTS

Both the Constitution and the Labor Code guarantee the right of workers to engage in peaceful concerted activities, including the

right to strike in accordance with law.The Labor Code also recognizes the right of an employer to lockout its employees for cause.Strikes or lockouts are self-help activities or

economic actions, i.e., the infliction of an economic pain to a party to help resolve a

labor dispute.

Prepared by: Ancel G. LopezPrepared for: Ma’am CastilloWestmead International School

Q: What is a strike?

• A: A strike is a group or joint action by workers to temporarily stop works because of a dispute with their employers over wages, hours of work, and other terms and conditions of employment, or the representation status of a union for the purpose of collective bargaining.

Q: What is a lockout?

• A: A lockout is an action by an employer to temporarily refuse to furnish work because of a dispute with the workers over wages, hours of work, and other terms and conditions of employment, or the representative status of a union for the purpose of collective bargaining.

Q: Who can declare a strike?

• A: Only labor certified or registered with the DOLE and duly recognized by an employer as a bargaining representative can engage in an economic strike or unfair labor strike.

• Where there is no certified or duly registered with the DOLE can declare a strike and only on the ground of unfair labor practice.

Q: Who can declare a lockout?

• A: An employer can declare an economic lockout or unfair labor practice lockout.

Q: How is a strike or lockout classified?

• A: ECONOMIC STRIKE – is a joint act of workers to force a concession

which the law does not compel an employer to give.

• UNFAIR LABOR PRACTICE STRIKE (lockout) – is declared when the cause of the action is an

alleged act of unfair labor practice by an employer.

Q: What are the requirements for a strike or lock out as an industrial action?

• 1. Filing of a Notice of an Intent to strike with the Bureau of Labor Relations or the National Conciliation and Mediation Board (NCMB);

• 2. taking the vote of the workers or Board of Directors to undertake the action;

• 3. reporting the results of the strike votes;• 4. Observing the cooling-off period – fifteen (15) days for unfair

labor practice strike or lockouts, and thirty (30) days for economic strikes and lockouts; and

• 5. observing the seven (7)-day strike ban period.

• 1. Filing of a Notice of an Intent to strike with the Bureau of Labor Relations or the National Conciliation and Mediation Board (NCMB);

• 2. taking the vote of the workers or Board of Directors to undertake the action;

• 3. reporting the results of the strike votes;• 4. Observing the cooling-off period – fifteen (15) days for unfair

labor practice strike or lockouts, and thirty (30) days for economic strikes and lockouts; and

• 5. observing the seven (7)-day strike ban period.

Q: Does strike or lockout terminate the employment of a worker?

• A: NO, a strike or a lockout is only temporary in duration, i.e as long as the dispute between the employer and workers is not resolved. After the causes of strike or lockout are resolved, the workers return to work.

Q: When is a strike or lockout illegal?

• A: if the purpose or cause is neither economic nor unfair labor practice, and/or unlawful means are used by either the employer or the union during or on the occasion of the strike or lockout, i.e., the use of force, violence or coercion. This is called the purpose and means tests.

• The Constitution recognizes the right of workers to strike only if the action is peaceful and in accordance with the procedure set by law. [Constitution, ART. XIII, Sec. 3]

Q: What is the liability of a union officer when a strike is illegal?

• A: A union officer who knowingly participates in an illegal strike, or in the commission of illegal acts or authorizes the acts during the strike may be terminated from employment.

• The mere participation of a worker in an unlawful strike is not ground for termination of employment even when the arrested worker has been replaced.

PICKETING•The purpose of picketing is to inform the workers and the public of the existence of dispute with an employer over the terms and conditions of employment and to ask for sympathy and understanding• Picketing can take place even absent an EE relationship between picketers and the employer•Picketing cannot be prohibited, but can be regulated in the interest of other parties and the public.•The law recognizes and guarantees only peaceful picketing, hence in all instances, the use of violence and coercion is absolutely prohibited.•NLRC can regulate picketing either by limiting the number of participants or the place of picketing.

Q: What is the role of the Philippine National Police during a strike or picketing activity?

• A: As a general rule, PNP cannot directly or indirectly participate in both activities, however, they must take the appropriate measures to maintain peace and order, protect life and property, and to enforce lawful order, protect life and property, and to enforce lawful orders.

Q: What is a Labor Injunction?

• A: A labor injunction is an order issued by the National Labor Relations Commission prohibiting either an employer or a union, from doing some specified acts or to correct some wrong or injury on the occasion of a labor dispute between an employer and a union.

MEDIATION, CONCILIATION AND ARBITRATION

• Conciliation and mediation are processes to help both employers and unions to peacefully and voluntarily settle their dispute.

• Arbitration is a process of resolving a labor controversy without the use of strike or lockout.

• Mediation, conciliation, and arbitration are the most favored means, both by the Constitution and the Labor Code, as mode or procedure of dispute settlement.

Q: What is Conciliation and mediation?

• A: Conciliation and mediation are processes or aids, either by a government or private agencies, to help or assist the employer and union solve peacefully their dispute or controversy.

• NCMB ( a government agency attached to DOLE) will assist the parties in resolving their dispute.

Q: What is arbitration as a process of labor dispute settlement?

• COMPULSORY ARBITRATION – occurs by automatic operation of law. The employer and the union must submit their dispute for resolution to a government agency for a binding and a final resolution.

• VOLUNTARY ARBITRATION – is a process of dispute settlement voluntarily agreed upon by both the employer and the union.

References:Photos: https://www.facebook.com/Artofresistance2012 https://www.facebook.com/pages/Save-Collective-Bargaining https://www.facebook.com/unions4workersAn Introduction to Labor Laws and Social Legislation by D.P. Disini, Jr.