Scribd Logo
Upload

Welcome to Scribd!

  • 433 views

    Chart E-2 Requisites For Valid Strike

    Uploaded by

    Carrie Bugayong
    The document outlines the requisites for a valid strike under Philippine labor law, including: 1) Only certified or recognized bargaining representatives may declare strikes in cases of bargaining deadlocks or unfair labor practices, while legitimate labor organizations may declare strikes for unfair labor practices. 2) Strikes must be for valid purposes of resolving economic or unfair labor practice issues, and must be conducted through lawful means without force, violence, or obstruction. 3) Certain issues like minor violations of collective bargaining agreements and inter-union disputes are non-strikeable and must go through grievance or arbitration procedures.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Chart E-2 Requisites For Valid Strike

    Uploaded by

    Carrie Bugayong
    433 views1 page
    The document outlines the requisites for a valid strike under Philippine labor law, including: 1) Only certified or recognized bargaining representatives may declare strikes in cases of bargaining deadlocks or unfair labor practices, while legitimate labor organizations may declare strikes for unfair labor practices. 2) Strikes must be for valid purposes of resolving economic or unfair labor practice issues, and must be conducted through lawful means without force, violence, or obstruction. 3) Certain issues like minor violations of collective bargaining agreements and inter-union disputes are non-strikeable and must go through grievance or arbitration procedures.

    Original Description:

    Chart E-2 Requisites for Valid Strike

    Original Title

    Chart E-2 Requisites for Valid Strike

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document outlines the requisites for a valid strike under Philippine labor law, including: 1) Only certified or recognized bargaining representatives may declare strikes in cases of bargaining deadlocks or unfair labor practices, while legitimate labor organizations may declare strikes for unfair labor practices. 2) Strikes must be for valid purposes of resolving economic or unfair labor practice issues, and must be conducted through lawful means without force, violence, or obstruction. 3) Certain issues like minor violations of collective bargaining agreements and inter-union disputes are non-strikeable and must go through grievance or arbitration procedures.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    433 views1 page

    Chart E-2 Requisites For Valid Strike

    Uploaded by

    Carrie Bugayong
    The document outlines the requisites for a valid strike under Philippine labor law, including: 1) Only certified or recognized bargaining representatives may declare strikes in cases of bargaining deadlocks or unfair labor practices, while legitimate labor organizations may declare strikes for unfair labor practices. 2) Strikes must be for valid purposes of resolving economic or unfair labor practice issues, and must be conducted through lawful means without force, violence, or obstruction. 3) Certain issues like minor violations of collective bargaining agreements and inter-union disputes are non-strikeable and must go through grievance or arbitration procedures.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    NOTES OF ADA ABAD FOR BAR REVIEW 2013

    CHART E-2: REQUISITES FOR A VALID STRIKE

    Who may declare a strike or lock-out? (B5,R13, S2, IRR)


    General Rule: Any certified or duly recognized bargaining representative may declare a
    strike in cases of bargaining deadlocks or ULP.
    Exception: In the absence of a certfied or duly recognized bargaining representative,
    any legitimate labor organization may declare a strike, BUT ONLY ON THE
    GROUND OF ULP

    VALID PURPOSE
    ONLY TWO KINDS OF
    STRIKES ALLOWED:
    (a) Economic strike
    (b) ULP strike

    LAWFUL MEANS
    No

    force, violence,
    threat, intimidation or
    coercion
    in
    the
    conduct of a strike
    No obstruction to the
    free ingress to and
    egress
    from
    the
    employers premises for
    lawful purposes, or to
    obstruct
    public
    thoroughfares

    What are non-strikeable


    issues?
    1. Violations of CBA which
    are
    not
    gross
    in
    character
    shall
    be
    resolved
    via
    the
    Grievance Machinery;
    2. Inter-union or intraunion disputes;
    3. Labor standards cases
    such as wage orders
    4. Those issues which had
    already been brought to
    voluntary
    or
    compulsory arbitration

    LIABILITIES FOR
    PROHIBITED ACTIVITIES:

    VIOLATIONS OF CBA NO
    LONGER ULP, EXCEPT IN
    CASE
    OF
    GROSS
    VIOLATION OF ECONOMIC
    PROVISIONS OF CBA

    Union member: only for


    prohibited acts

    Loss of employment
    status
    Union officer: for illegal
    purpose, unlawful
    means/prohibited acts
    and non-compliance
    with procedure

    PROCEDURAL
    COMPLIANCE
    1. Notice of Strike
    2. Cooling-off period
    30-days for economic strike
    15-days for ULP strike
    3. Strike vote
    4. 7-day strike ban
    If ULP on the ground of union
    busting: Union may take action
    immediately, but note that a
    strike vote must have been
    conducted and results
    submitted to DOLE (Art. 263 [b];
    Dept Order No. 9, Rule 22, Secs.
    3 and 7)
    Strike vote approved by a
    majority of the TOTAL UNION
    MEMBERSHIP in the bargaining
    unit (hence: only members of
    the majority union may vote), via
    secret ballot, in a meeting or
    referenda specially called for the
    purpose
    Lock-out vote - majority of the
    Board of Directors of the
    employer company, by secret
    ballot in a meeting called for
    such purpose

    You might also like