WHO CAN FILE A NOTICE TO STRIKE

Unions that are certified as the sole and exclusive bargaining agent (SEBA) may file a notice of
strike at the NCMB Regional Branch. In the absence of a SEBA, a legitimate labor organization
may file but only on grounds of ULPs.1

GROUNDS FOR A VALID STRIKE

(1) Bargaining deadlocks

(2) Unfair Labor Practice2

REQUISITES FOR A VALID STRIKE

VALID GROUND  NOTICE OF STRIKE (NCMB)  AT LEAST 24 hours prior to STRIKE

VOTE  STRIKE VOTE  STRIKE VOTE BALLLOTING  WAITING PERIOD/
SUBMISSION OF STRIKE VOTE REPORT TO NCMB WITHIN 7 DAYS BEFORE THE
INTENDED STRIKE  COOLING-OFF PERIOD (15 or 30 days as the case may be)  7-
DAY WAITING PERIOD TO BE RECKONED AFTER SUBMISSION OF VOTE REPORT

1st requisite: It must be based on a valid and factual ground3.

2nd requisite: A notice of strike must be filed with the NCMB-DOLE.

3rd requisite: A notice must be served to the NCMB-DOLE at least twenty-four (24) hours prior
to the taking of the strike vote by secret balloting, informing said office of the decision to conduct
a strike vote, and the date, place and time thereof4.

4th requisite: A strike vote must be taken where a majority of the members of the union
obtained by a secret ballot in a meeting called for the purpose, must approve it.

 No labor organization shall declare a strike without the necessary strike vote first having
been obtained and reported to NCMB-DOLE. A decision to declare strike must be

1
Art 278. Strikes, Picketing and Lockouts – xxx (b) Workers shall have the right to engage in concerted activities for
purposes of collective bargaining or for their mutual benefit and protection. The right of legitimate labor
organizations to strike and picket and of employers to lockout, consistent with the national interest, shall continue
to be recognized and respected, However, no labor union mays trike and no employer may declare a lockout on
grounds involving inter-union and intra-union disputes.
2
Art 278. Strikes, Picketing and Lockouts – xxx (c) In case of bargaining deadlocks, the duly certifies or recognized
bargaining agent may file a notice of strike or the employer may file a notice of lockout with the Ministry 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 or recognized 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-bnusting,
where the existence of the union is threatened, the 15-day cooling off period shall not apply and the union may
take action immediately.
3
The law recognizes only 2 grounds, to wit: (1) Collective Bargaining Deadlock (2) Unfair Labor Practice
4
The 24-hour notice must be served to the NCMB-DOLE prior to the taking of secret balloting, informing it of the
union’s decision to conduct a strike vote as well as the date, place and time, thereof.(Capitol Medical Center, Inc.
vs NLRC)
 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.
This process is called “strike vote balloting”.
 In case of no majority support, it is called a WILDCAT STRIKE.
 The majority decision to stage a strike is valid for the duration of the dispute based on
substantially the same grounds considered when the strike vote was taken.

5th requisite: A strike vote report should be submitted to the NCMB-DOLE at least seven (7)
days before the intended date of strike.

 The strike vote should be submitted to the NCMB-DOLE at least seven (7) days before
the actual staging of the intended strike, subject to the observance of the cooling-off
periods provided under the law.

6th requisite: Except in cases of union-busting, the cooling-off period of 15 days, in case of
unfair labor practices of the employer or 30 days, in case of collective bargaining deadlock, shall
be fully observed and

 In case of bargaining deadlock, the cooling-off period is THIRTY (30) DAYS from the
filing of the notice of strike;
 In case of unfair labor practice, the cooling-off period is FIFTEEN (15) DAYS from the
filing of the notice of strike;
XPN: In case of dismissal from employment of union officers (not ordinary members)
duly elected in accordance with the union constitution and by-laws which may constitute
union-busting because the existence of the union is threatened by reason of such
dismissal, the 15-day cooling-off period does not apply and the union may take action
immediately after the strike vote is conducted and the results thereof duly submitted to
the regional branch of the NCMB.

7th requisite: The 7-day waiting period/strike ban reckoned after the submission of the strike
vote report to the NCMB should also be fully observed in all cases.

 The 7-day waiting period is a separate from the requirement of cooling-off period
prescribed by law. The cooling-off period is counted from the time of the filing of the
notice of strike, The 7-day waiting period/ban strike, on the other hand is reckoned from
the time the strike vote report is submitted to the NCMB-DOLE.5

5
Professor Joselito Chan page 103, Pre-week Notes for the Bar Examination (2018)