LABOR RELATIONS

I. INTRODUCTION
A. FORMULATION AND HISTORICAL
DEVELOPMENT
a. 1987 CONSTITUTION

Art. 2 : Sec. 2, 9, 10, 11, 13, 14,

18, 20
Section 2.
The Philippinesadopts the
generally accepted principles of
international law as part of the
law of the land and adheres to
the policy of peace, equality,
justice, freedom, cooperation,
and amity with all nations.
*domestic law prevails over
foreign laws in case of conflict;
The doctrine of
possessual presumption
dictates that when a foreign law
is not duly proved it is to be
considered as the same as that
of our domestic laws.
Section 9.
The state shall promote a just
and dynamic social order that
will ensure the prosperity and
independence of the nation and
free the people from poverty
through policies tat provide
adequate social services,
promote full employment, a
rising standard of living, and an
improved quality of life for all

Section 10.
The state shall promote social
justice in all phases of national
development
-Social Justice
is neither communism,
nor despotism, nor atomism,
nor anarchy, but the
humanization of laws and the
equalization of social and
economic forces by the State so
that justice in its rational and
objectively secular conception
may at least be approximated.
[Calalang vs. Williams, 1940]
- Limits of Social Justice
Social justice should be
used only to correct an
injustice.
It must be founded on the
recognition of the necessity of
interdependence among diverse
units of a society, and of the
protection that should be
equally and evenly extended to
all groups as a combined force
in our social and economic life.
As partners in nationbuilding, labor and
management need each other
to foster productivity and
economic growth; hence, the
need to weigh and balance the
rights and welfare of both the
employee and employer.
[Agabon vs. NLRC, 2004]
-Welfare State

The welfare state concept

is found in the constitutional
clause on the promotion of
social justice to ensure the wellbeing and economic security of
all the people, and in the pledge
of protection to labor with
specific authority to regulate
the relations between
landowners and tenants and
between labor and capital.
[Alalayan vs. National Power
Corporation, 1968]

It shall protect the rights of

workers and promote their
welfare.
Section 20.
The state recognizes the
indispensable role of private
sector, encourages private
enterprise, and provides
incentives to needed
investments
*some of the provisions in
Article II are not self executing.
They need an enabling law for
its proper implementation (what
are the provisions which are
self-executing and not selfexecuting?)

Section 11.
The state values the dignity of
every human person and
guarantess full respect for
human rights
Section 13.
The state recognizes the vital
role of the youth in nationbuilding and shall prolote and
protect their physical, moral,
spiritual, intellectual, and social
well-being. It shall inculcate in
the youth patriotism and
nationalism, and encourage
their involvement in public and
civic affairs

Art. 3: Sec.1, 4; Sec. 8; Sec. 2, 3

and 14
Section 1.
No person shall be deprived of
life, liberty, or property without
due process of law, nor shall
any person be denied the equal
protection of the laws
-

Due Process

The state recognizes the role

of women in nation-building,
and shall ensure the
fundamental equality before the
law of men and women

Due process requirements

are two-fold substantive
[dismissal should be for a valid
and authorized cause as
provided by law] and procedural
(due notice and hearing).
[Salaw vs. NLRC, 1991]

Section 18.

The state affirms labor as a

primary social economic force.

Ones employment is a
property right, and the wrongful

Section 14.

Labor as Property Right

interference therewith is an
actionable wrong. [Sibal vs.
Notre Dame of Greater Manila,
1990]

warrant or warrant of arrest

shall issue except upon
probable cause to be
determined personally by the
judge after examination under
oath or affirmation of the
complainant and the witnesses
he may produce, and
particularly describing the place
to searched and the persons or
things to be seized.

Section 8.
The right of the people,
including those employed in the
public and private sectors, to
form unions, associations, or
societies for purposes not
contrary to law shall not be
abridged.

Section 3.

*however, government
employees even though allowed
to form unions as stated in the
constitution, they are
nevertheless not allowed to
strike. Because to allow them to
strike would hamper the
ordinary flow of governmental
processes and services, which
cannot be denied to the
citizenry.

(1) The privacy of

communication and
correspondence shall be
inviolable except upon lawful
order of the court or when
public safety or order requires
otherwise as prescribed by law.
(2) Any evidence obtained in
violation of this of the preceding
section shall be inadmissible for
any purpose in the proceeding.

Section 4.
No law shall be passed
abridging the freedom of
speech, expression, or of the
press, or the right of the people
to peaceably assemble and
petition the government for
redress of grievances

Section 2(b).
Appointments in the civil
service shall be made only
according to merit and fitness
to be determined, as far as
practicable, and, except to
positions which are policydetermining, primarily
confidential, or highly technical,
by competitive examination.

Section 2.
The right of the people to be
secure in their persons, houses,
papers and effects against
unreasonable searches and
seizures or whatever nature and
for any purpose shall be
inviolable, and no search

Article 9-B: Sec. 2(b)

Article 12: Sec. 12

The state shall promote the
preferential use of Filipino labor,
domestic materials and locally

produced goods, and adopt

measures that help make them
competitive.

Article 13: Sec. 1,2,3; 13, 14

Section 1.
The congress shall give highest
priority to the enactment of
measures that protect and
enhance the right of all the
people to human dignity, reduce
social, economic, and political
inequalities, and remove
cultural inequities by equitably
diffusing wealth and political
power for the common good.
Section 2.
The promotion of social justice
shall include the commitment to
create economic opportunities
based on freedom of initiative
and self-reliance
Section 3.
The state shall afford full
protection to labor, local and
overseas, organized and
unorganized, and promote full
employment and equality of
employment opportunities for
all.
It shall guarantee the
rights of all workers to selforganization, collective
bargaining and negotiations,
and peaceful concerted
activities, including the right to
strike in accordance with law.
They shall be entitled to
security of tenure, humane

conditions of work, and a living

wage. They shall also
participate in policy and
decision-making process
affecting their rights and
benefits as may be provided by
law
The state shall promote
the principle of shared
responsibility between workers
and employers and the
preferential use of voluntary
modes in settling disputes,
including conciliation, and shall
enforce their mutual compliance
therewith to foster industrial
peace
The state shall regulate
the relations between workers
and employers, recognizing the
right of labor to its just share in
the fruits of production and the
right of enterprises to
reasonable returns on
investments, and to expansion
and growth.
-Participation in DecisionMaking Process
a line must be drawn
between management
prerogatives regarding business
operations per se and those
which affect the rights of the
employees.
In treating the latter,
management should see to it
that its employees are at least
properly informed of its
decisions or modes action.
Industrial peace cannot be

achieved if the employees are

denied their just participation in
the discussion of matters
affecting their rights. [Phil.
Airlines Inc. vs. NLRC, 1993]

exceptions. One of these

exceptions is when the
Secretary of Labor assumes
jurisdiction over labor disputes
involving industries
indispensable to the national
interest under Article 263(g) of
the Labor Code. [University of
Immaculate Concepcion Inc v
Sec of Labor, 2005]

-Management
Function/Prerogative
The employers right to
conduct the affairs of his
business according to its own
discretion and judgment, is wellrecognized. An employer has a
free reign and enjoys wide
latitude of discretion to regulate
all aspects of employment. This
is a management prerogative,
where the free will of
management to conduct its own
affairs to achieve its purpose
takes form. [Torreda vs. Toshiba,
2007]

The law in protecting the

rights of the employees
authorizes neither oppression
nor self-destruction of the
employer. When the law tilts the
scale of justice in favor of labor,
it is but a recognition of the
inherent economic inequality
between labor and
management. Never should the
scale be so tilted if the result is
an injustice to the employer.
[Phil. Geothermal Inc. vs. NLRC,
1994]

But, like other rights,

there are limits thereto. The
managerial prerogative to
transfer personnel must be
exercised without grave abuse
of discretion, bearing in mind
the basic elements of justice
and fair play. Having the right
should not be confused with the
manner in which the right is
exercised. [Tinio vs. CA, 2007]
This Court declared that
it recognizes the exercise of
management prerogatives and
it often declines to interfere
with the legitimate business
decisions of the employer. Xxx
However, as expressed in PAL v
NLRC, the privilege is not
absolute, but subject to

Section 14.
The state shall protect working
women by providing safe and
healthful working conditions,
taking into account their
maternal functions, and such
facilities and opportunities that
will enhance their welfare and
enable them to realize their full
potential in the service of the
nation
Article 2: Sec. 13 (ibid)

Civil Code
Article 19.

Every person must, in the

exercise of his rights, and in the
performance of his duties, give
everyone his due, and observe
honesty and good faith.
Article 1700.
The relation between capital
and labor are not merely
contractual. They are so
impressed with public interest
that labor contracts must yield
to the common good. Therefore
such contracts shall be subject
to the special laws on labor
unions, collective bargaining,
strikes and lockouts, closed
shop, wages, working
conditions, hours of labor and
similar subjects.
Article 1702.
In case of doubt, all labor
legislation and all labor
contracts shall be construed in
favor of the safety and decent
living for the laborer.
-Contracts of labor
Under the civil code, are
explicitly subject to the police
power of the state because they
are not ordinary contracts but
are impressed with public
interest. Inasmuch as in this
particular instance the contract
in question would have been
deemed in violation of pertinent
labor laws, the provisions of
said laws would prevail over the
terms of the contract, and
private respondent would still
be entitled to overtime pay. [PAL

Employees Savings And Loan

Assn., Inc. vs. NLRC, 1996]
-Liberal Construction
While the terms and
conditions of a CBA constitute
the law between the parties, it
is not however, an ordinary
contract to which is applied the
principles of law governing
ordinary contracts.
A CBA, as a labor
contract within the
contemplation of Article 1700 of
the Civil Code of the Philippines
which governs the relations
between labor and capital, is
not merely contractual in nature
but impressed with public
interest, thus, it must yield to
the common good. As such, it
must be construed liberally
rather than narrowly and
technically, and the courts must
place a practical and realistic
construction upon it, giving due
consideration to the context in
which it is negotiated and
purpose which it is intended to
serve. [Cirtek Employees Labor
Union-FFW v Cirtek Electronics,
2010]
-Fair treatment
The right of an employer to
dismiss an employee differs
from and should not be
confused with the manner in
which such right is exercised.
It must not be oppressive
and abusive since it affects
one's person and property.
[General Bank and Trust Co. vs.
CA, 1985]
-Mutual obligation
The employer's obligation
to give his workers just

compensation and treatment

carries with it the corollary right
to expect from the workers
adequate work, diligence and
good conduct. [Firestone Tire
And Rubber Co. vs. Lariosa,
1987]
-Compliance with law
It is also important to
emphasize that the return-towork order not so much confers
a right as it imposes a duty; and
while as a right it may be
waived, it must be discharged
as a duty even against the
worker's will. [Sarmiento vs.
Tuico, 1988]

Labor Code
ARTICLE 3
Declaration of basic policy. The
State shall afford protection to
labor, promote full employment,
ensure equal work opportunities
regardless of sex, race or creed
and regulate the relations
between workers and
employers. The State shall
assure the rights of workers to
self-organization, collective
bargaining, security of tenure,
and just and humane conditions
of work.
ARTICLE 211.

-Employee's compliance and

obedience to employer's orders

Declaration of Policy.
(A) It is the policy of the State:

The lack of a written or

formal designation should not
be an excuse to disclaim any
responsibility for any damage
suffered by the employer due to
his negligence. The measure of
the responsibility of an
employee is that if he
performed his assigned task
efficiently and according to the
usual standards, then he may
not be held personally liable for
any damage arising therefrom.
Failing in this, the employee
must suffer the consequences
of his negligence if not lack of
due care in the performance of
his duties. [PCIB vs. Jacinto,
1991]

(a) To promote and emphasize

the primacy of free collective
bargaining and negotiations,
including voluntary arbitration,
mediation and conciliation, as
modes of settling labor or
industrial disputes;
(b) To promote free trade
unionism as an instrument for
the enhancement of democracy
and the promotion of social
justice and development;
(c) To foster the free and
voluntary organization of a
strong and united labor
movement;
(d) To promote the
enlightenment of workers
concerning their rights and

obligations as union members

and as employees;
(e) To provide an adequate
administrative machinery for
the expeditious settlement of
labor or industrial disputes;
(f) To ensure a stable but
dynamic and just industrial
peace; and
(g) To ensure the participation
of workers in decision and
policy-making processes
affecting their rights, duties and
welfare.
To encourage a truly democratic
method of regulating the
relations between the
employers and employees by
means of agreements freely
entered into through collective
bargaining, no court or
administrative agency or official
shall have the power to set or
fix wages, rates of pay, hours of
work or other terms and
conditions of employment,
except as otherwise provided
under this Code. [As amended
by Section 3, Republic Act No.
6715, March 21, 1989]
Article 275. Tripartism and
tripartite conferences.
a. Tripartism in labor relations is
hereby declared a State policy.
Towards this end, workers and
employers shall, as far as
practicable, be represented in
decision and policy-making
bodies of the government.

b. The Secretary of Labor and

Employment or his duly
authorized representatives may,
from time to time, call a
national, regional, or industrial
tripartite conference of
representatives of government,
workers and employers for the
consideration and adoption of
voluntary codes of principles
designed to promote industrial
peace based on social justice or
to align labor movement
relations with established
priorities in economic and social
development. In calling such
conference, the Secretary of
Labor and Employment may
consult with accredited
representatives of workers and
employers. (As amended by
Section 32, Republic Act No.
6715, March 21, 1989)
- Article 213, as amended,
provides that the Chairman and
twenty-three members
composing the National Labor
Relations Commission shall be
chosen from the workers,
employers and the public
sectors.

B. Statutory Source and interpretation

C. Definition
Article 212. Definitions
a. "Commission" means the
National Labor Relations
Commission or any of its

divisions, as the case may be,

as provided under this Code.
b. "Bureau" means the Bureau
of Labor Relations and/or the
Labor Relations Divisions in the
regional offices established
under Presidential Decree No. 1,
in the Department of Labor.
c. "Board" means the National
Conciliation and Mediation
Board established under
Executive Order No. 126
d. "Council" means the Tripartite
Voluntary Arbitration Advisory
Council established under
Executive Order No. 126, as
amended.
e. "Employer" includes any
person acting in the interest of
an employer, directly or
indirectly. The term shall not
include any labor organization
or any of its officers or agents
except when acting as
employer.
f. "Employee" includes any
person in the employ of an
employer. The term shall not be
limited to the employees of a
particular employer, unless the
Code so explicitly states. It shall
include any individual whose
work has ceased as a result of
or in connection with any
current labor dispute or because
of any unfair labor practice if he
has not obtained any other
substantially equivalent and
regular employment.

g. "Labor organization" means

any union or association of
employees which exists in
whole or in part for the purpose
of collective bargaining or of
dealing with employers
concerning terms and
conditions of employment.
h. "Legitimate labor
organization" means any labor
organization duly registered
with the Department of Labor
and Employment, and includes
any branch or local thereof.
i. "Company union" means any
labor organization whose
formation, function or
administration has been
assisted by any act defined as
unfair labor practice by this
Code.
j. "Bargaining representative"
means a legitimate labor
organization whether or not
employed by the employer.
k. "Unfair labor practice" means
any unfair labor practice as
expressly defined by the Code.
l. "Labor dispute" includes any
controversy or matter
concerning terms and
conditions of employment or
the association or
representation of persons in
negotiating, fixing, maintaining,
changing or arranging the terms
and conditions of employment,
regardless of whether the
disputants stand in the

proximate relation of employer

and employee.

request and agreement of the

parties to a labor dispute.

m. "Managerial employee" is
one who is vested with the
powers or prerogatives to lay
down and execute management
policies and/or to hire, transfer,
suspend,lay-off, recall,
discharge, assign or discipline
employees.

o. "Strike" means any

temporary stoppage of work by
the concerted action of
employees as a result of an
industrial or labor dispute.

Supervisory employees are

those who, in the interest of the
employer, effectively
recommend such managerial
actions if the exercise of such
authority is not merely routinary
or clerical in nature but requires
the use of independent
judgment. All employees not
falling within any of the above
definitions are considered rankand-file employees for purposes
of this Book.
n. "Voluntary Arbitrator" means
any person accredited by the
Board as such or any person
named or designated in the
Collective Bargaining
Agreement by the parties to act
as their Voluntary Arbitrator, or
one chosen with or without the
assistance of the National
Conciliation and Mediation
Board, pursuant to a selection
procedure agreed upon in the
Collective Bargaining
Agreement, or any official that
may be authorized by the
Secretary of Labor and
Employment to act as Voluntary
Arbitrator upon the written

p. "Lockout" means any

temporary refusal of an
employer to furnish work as a
result of an industrial or labor
dispute.
q. "Internal union dispute"
includes all disputes or
grievances arising from any
violation of or disagreement
over any provision of the
constitution and by laws of a
union, including any violation of
the rights and conditions of
union
membership provided for in this
Code.
r."Strike-breaker" means 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 selforganization or collective
bargaining.
s. "Strike area" means the
establishment, warehouses,
depots, plants or offices,
including the sites or premises
used as runaway shops, of the
employer struck against, as well
as the immediate vicinity

actually used by picketing

strikers in moving to and fro
before all points of entrance to
and exit from said
establishment. (As amended by
Section 4, Republic Act No.
6715, March 21,1989)
--Managerial employee
The definition of
managerial employees in
Article 82 covers more people
than that in Article 212 (m) as
Article 82 also includes
managerial staff. In effect,
managerial employees in Article
82 includes supervisors, but
Article 212(m) does not.
It follows that under Book V,
supervisors are allowed to form,
join or assist a labor union.
Supervisors are not, however,
entitled to the benefits under
Book III Articles 83 through 96,
being part of the exemption of
managerial employees as
defined in Article 82. [Azucena]
--supervisors
Supervisory employees
shall not be eligible for
membership in a labor
organization of the rank-and-file
employees but may join, assist
or form separate labor
organizations of their own.
--Company Union
The employer commits
ULP if it initiates, dominates, or
otherwise interferes with the

formation or administration of
any labor organization.
Example: giving out
financial aid to any union's
supporters or organizers.
DiscriminationEncourage/Discourage unionism
General rule: it is ULP to
discriminate in regard to wages,
hours of work and other terms
and conditions of employment
in order to encourage or
discourage membership in any
labor organization.
Exception [union security
clause]: Nothing in this Code or
in any other law shall stop the
parties from requiring
membership in a recognized
collective bargaining agent as a
condition for employment.
Exception to exception: Those
employees who are already
members of another union at
the time of the signing of the
collective bargaining
agreement. [Art. 248 (e)]
Refer to Union Security Clauses
Testimony-It is an act of ULP by
an employer to dismiss,
discharge or otherwise
prejudice or discriminate
against an employee for having
given or being about to give
testimony under this Code [Art.
248 (f)]

-- Payment of negotiation or
attorney's fees; Sweetheart
contracts
Sweetheart contracts are
favorable both to the union and
the employer at the expense of
the employees. The settlement
of bargaining issues must be
made by fair bargaining in good
faith, and not through the
payment of negotiation or
attorney's fees which will
ultimately lead to sweetheart
contracts.
--To violate a collective violate a
collective bargaining agreement
Flagrant and/or malicious
refusal required
Violations of collective
bargaining agreements, except
flagrant and/or malicious refusal
to comply with its economic
provisions, shall not be
considered unfair labor practice
and shall not be strikeable.
[IRR]
-- ULP of Labor Organizations
(1) restraint, coercion
(2) discrimination
(3) violation of duty to bargain
collectively
(4) featherbedding [exaction]
(5) asking or accepting
negotiation or attorney's fees
(6) violation of collective
bargaining agreement

--Legal basis
Unfair labor practices of labor
organizations. - It shall be unfair
labor practice for a labor
organization, its officers, agents
or representatives:
(a) To restrain or coerce
employees in the exercise of
their right to self- organization.
However, a labor organization
shall have the right to prescribe
its own rules with respect to the
acquisition or retention of
membership;
(b) To cause or attempt to cause
an employer to discriminate
against an employee, including
discrimination against an
employee with respect to whom
membership in such
organization has been denied or
to terminate an employee on
any ground other than the usual
terms and conditions under
which membership or
continuation of membership is
made available to other
members;
(c) To violate the duty, or refuse
to bargain collectively with the
employer, provided it is the
representative of the
employees;
(d) To cause or attempt to cause
an employer to pay or deliver or
agree to pay or deliver any
money or other things of value,
in the nature of an exaction, for
services which are not
performed or not to be

performed, including the

demand for fee for union
negotiations;
(e) To ask for or accept
negotiation or attorneys fees
from employers as part of the
settlement of any issue in
collective bargaining or any
other dispute; or
(f) To violate a collective
bargaining agreement.
The provisions of the
preceding paragraph
notwithstanding, only the
officers, members of governing
boards, representatives or
agents or members of labor
associations or organizations
who have actually participated
in, authorized or ratified unfair
labor practices shall be held
criminally liable. [Art. 249]
-- Restraint, or coercion
Interfere is not included in Art.
249 simply because any act of a
labor organization amounts to
interference to the right of selforganization.
--Discrimination
Encourage/Discourage Unionism
General rule: it is ULP for
a labor organization to cause an
employer to discriminate
against an employee
--featherbedding
Featherbedding or
make-work by the union is the
practice of the union asking

[exacting] for money or other

things of value from the
employer in return for services
which are not performed or are
not to be performed.
--Strikes not limited to work
stoppage
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. [Samahang
Manggagawa v. Sulpicio Lines,
2004]
--strike as a coercive measure of
employees
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, 1950]
--No severance ov employer
employee relationship during
lawful strike
Although during a strike
the worker renders no work or
service and receives no
compensation, yet his
relationship as an employee
with his employer is not severed
or dissolved. [Elizalde Rope
Factory, Inc. v. SSS, 1972]

--Payment of wages during

lawful strike
General rule: Striking
employees are not entitled to
the payment of wages for unworked days during the period
of the strike pursuant to the no
work-no pay principle.
Exception: Agreement to
the contrary.
--Reinstatement after lawful
strike
When strikers abandon
the strike and apply for
reinstatement despite the
existence of valid grounds but
the employer either:
(a) refuses to reinstate them or
(b) imposes upon their reinstatement
new conditions
then the employer commits an act of
ULP.
The strikers who refuse to
accept the new conditions and are
consequently refused reinstatement
are entitled to the losses of pay they
may have suffered by reason of the
employers discriminatory acts from
the time they were refused
reinstatement.
_Forms of Srtike
a.] As to legality
(a) Legal strike one called for a valid
purpose and conducted through
means allowed by law.

(b) Illegal strike one staged for a

purpose not recognized by law, or if
for a valid purpose, conducted through
means not sanctioned by law.
b.] as to Grounds
(a) 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. v. Marsman
and Company 1964]
(b) ULP strike called against a
company's unfair labor practice to
force the employer to desist from
committing such practices.
c.] As to How Committed
(a) Slowdown strike one by which
workers, without a complete stoppage
of work, retard production or their
performance of duties and functions to
compel management to grant their
demands [Ilaw at Buklod ng
Manggagawa v. NLRC, 1991]
A slowdown is inherently illicit and
unjustifiable because while the
employees continue to work, they, at
the same time, select what part of
their duties they perform. In essence,
they work on their own terms. [Ilaw at
Buklod ng Manggagawa (IBM) v. NLRC,
1991]
(b) Wild-cat strike one declared and
staged without filing the required
notice of strike and without the
majority approval of the recognized
bargaining agent.

(c) Sit-down strike one wherein

workers take over possession of the
property of such business to cease
production and to refuse access to
owners.
(d) Sympathetic strike one in which
the striking workers have no demands
of their own, but strike to make
common cause with other strikers in
other establishments.

strike cannot be
converted into a pure and
simple lockout by the mere
expedient filing before the trial
court a notice of offer to return
to work during the pendency of
the labor dispute between the
union and the employer. [Rizal
Cement Workers Union v. CIR,
1962]
-- Requisites for a valid strike

-- Conversion from economic to ULP

strike
It is possible for a strike
to change its character from an
economic to a ULP strike.
In the instant case, initially, the
strike staged by the Union was
meant to compel the Company
to grant it certain economic
benefits set forth in its proposal
for collective bargaining.
However, the strike
changed its character from the
time the Company refused to
reinstate complainants because
of their union activities after it
had offered to admit all the
strikers and in fact did readmit
the others. It was then
converted into an unfair labor
practice strike. [Consolidated
Labor Assoc. of the Phil. v.
Marsman and Company, 1964]
--Strike cannot be a turned into
a mere lockout by a return to
Work Offer

A valid strike must have a

lawful ground and must conform
to the procedural requirements
set by law.
--Grounds
A strike or lockout may
be declared in cases of:
(a) Bargaining deadlocks
(b) ULP
Violations of collective
bargaining agreements must be
flagrant and/or there must be
malicious refusal to comply with
its economic provisions
--When no lawful strike be
declared
(1) Ground is an inter-union or
intra-union dispute
(2) No notice of strike
(3) No lock-out vote obtained
and reported to the NCMB
(4) After assumption or
certification by the Secretary of
Labor

--Procedural Requirements

Art.212: (par. e and f)

(1) Effort to bargain

e. "Employer" includes any

person acting in the interest of
an employer, directly or
indirectly. The term shall not
include any labor organization
or any of its officers or agents
except when acting as
employer.

(2) Filing and service of notice

of strike
(3) Observance of cooling-off
period
(4) Strike vote
(5) Strike vote report
(6) Observance of the waiting
period
_ Effort to Bargain
No labor organization or
employer shall declare a strike
or lockout without first having
bargained collectively in
accordance with Title VII of this
Book. [Art. 264 (a)]
_
.
D. Employer and Employee

f. "Employee" includes any

person in the employ of an
employer. The term shall not be
limited to the employees of a
particular employer, unless the
Code so explicitly states. It shall
include any individual whose
work has ceased as a result of
or in connection with any
current labor dispute or because
of any
unfair labor practice if he has not
obtained any other substantially
equivalent and regular employment.