REQUISITES OF A VALID STRIKE/ LOCK-OUT

1. Valid and factual ground

Lawful purpose – economic/ CBA deadlock or ULP only
Invalid – CBA violations not gross in nature; intra/inter-union disputes; issues assumed by
SOLE/ certified to NLRC; issues before grievance machinery/ voluntary arbitration; issues
before compulsory arbitration; issues involving labor standards; issues involving
implementation of wage orders

2. Notice of Strike or Lockout

1. Bargaining deadlocks - CEBA to file notice of strike at least 30 days before the intended
date with NCMB
2. ULP – at least 15 days before intended date
3. If no CEBA, any LLO may file on behalf of its members
4. Union-busting – 15-day cooling-off period inapplicable, union may act immediately
(strike vote needs to be submitted)

3. Third Requisite – Notice to Hold Strike/ Lockout Vote

Notice to NCMB of the time, date, and place of voting, at least 24 hours before (Capitol
Medical Center case)

4. Fourth Requisite – Strike or Lockout vote

a. The strike/lockout shall be supported by a majority vote thru a secret ballot in a
meeting called for that purpose
b. In case of union-busting, strike vote is still required

5. Fifth Requisite – Strike/ Lockout Vote Report

a. A strike/lockout vote shall be reported to DOLE at least 7 days before the intended
strike

6. Sixth Requisite – Cooling-Off Period

a. CBA deadlock – 30 days
b. ULP – 15 days
c. Union busting – none
d. Counted from the time of filing of notice

7. Seventh Requisite – Waiting Period: 7-Day Strike Ban

Counted from the time the strike/lockout vote was submitted to the NCMB