Article 263 of the Labor Code enumerates the requisites for holding a strike

Article 263 of the Labor Code enumerates the requisites for holding a strike:

            Art. 263. Strikes, picketing, and lockouts. – (a) x x x.

x x x x.

(c)     In cases of bargaining deadlocks, the duly certified or recognized bargaining agent may file a notice of strike or the employer may file a notice of lockout with the Department at least 30 days before the intended date thereof. In cases of unfair labor practice, the period of notice shall be 15 days and in the absence of a duly certified bargaining agent, the notice of strike may be filed by any legitimate labor organization in behalf of its members. However, in case of dismissal from employment of union officers duly elected in accordance with the union constitution and by-laws, which may constitute union busting, where the existence of the union is threatened, the 15-day cooling-off period shall not apply and the union may take action immediately.

(d)    The notice must be in accordance with such implementing rules and regulations as the Department of Labor and Employment may promulgate.

(e)     During the cooling-off period, it shall be the duty of the Department to exert all efforts at mediation and conciliation to effect a voluntary settlement. Should the dispute remain unsettled until the lapse of the requisite number of days from the mandatory filing of the notice, the labor union may strike or the employer may declare a lockout.

(f)     A decision to declare a strike must be approved by a majority of the total union membership in the bargaining unit concerned, obtained by secret ballot in meetings or referenda called for that purpose. A decision to declare a lockout must be approved by a majority of the board of directors of the corporation or association or of the partners in a partnership, obtained by secret ballot in a meeting called for that purpose. The decision shall be valid for the duration of the dispute based on substantially the same grounds considered when the strike or lockout vote was taken. The Department may, at its own initiative or upon the request of any affected party, supervise the conduct of the secret balloting. In every case, the union or the employer shall furnish the Department the results of the voting at least seven days before the intended strike or lockout, subject to the cooling-off period herein provided.

In fine, petitioner Union’s bare contention that it did not hold a strike cannot trump the factual findings of the NLRC that petitionerUnionindeed struck against respondent. In fact, and more importantly, petitionerUnionfailed to comply with the requirements set by law prior to holding a strike.

http://sc.judiciary.gov.ph/jurisprudence/2011/march2011/170351.htm

 

About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Labor Law, Labor Union and tagged . Bookmark the permalink.

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