Right to Strike

Question 1

What is a strike? Grounds for a Strike?

Answer 1

It is a 1. temporary stoppage of work by the 2. concerted action of employees as a result of an 3. industrial or labor dispute.

Grounds to strike:
1. Deadlocks
2. Unfair Labor Practice

Question 2

Elements of a strike?

Answer 2

1. Employer-employee relationship
2. Existence of a dispute
3. Employment is deemed to continue even with the presence of a strike
4. Temporary stoppage of work
5. Done through concerted action
6. Striking group is a legitimate labor organization. Bargaining deadlock, it must be the sole bargaining representative.

Question 3

What is an unfair labor practice? Enumerate unfair labor practices under Article 256.

Answer 3

Violations of the employees right to self-organization.

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Question 4

Elements of Union Busting?

Answer 4

1. Union officers are being dismissed
2. Officers are duly elected in accordance with the union constitution and by-laws
3. Existence of the union is threatened.

Question 5

What are the procedural requirements of a strike?

Answer 5

1. Notice of strike
   a. filed in the NCMB
   b. DEADLOCK - by the sole bargaining agent at least 15 days before the intended strike
   c. ULP - by Duly Certified Bargaining Agent. If none, any legitimate labor organization 30 days before the intended strike
2. Cooling-off period
3. Bargaining deadlock - 30 days cooling off period
4. ULP - 15 days cooling off period
5. Union Busting - no need cooling off period
6. Notice and Strike vote
7. File a notice of strike vote with the NCMB at least 24 hours before the intended strike vote
8. Strike vote will be done by secret ballot. Must be approved by majority
9. Strike vote report
10. Report the results 7 days before the intended strike date or lockout date
11. 7-day strike ban
12. Rekta na boi

Question 6

What is the jurisdiction requirement?

Answer 6

If the industry is indispensable to the national interest, SOLE shall assume jurisdiction and decide it or certify the same to the NLRC for compulsory arbitration.

If strike or lockout has not yet started - DO NOT PROCEED

If already started - STAWP IT

Workers should return to work to preserve the status quo.

Question 7

What is a lockout? What is the difference in the procedure of a lockout and a strike?

Question 8

Difference between “just cause” and “authorized cause”?

Question 9

Enumerate “just cause” for the termination of work?

Question 10

Enumerate “authorized cause” for the termination of work?