Question No.

1
In the case of Tabangao Shell Refinery Employees Association vs. Pilipinas Shell
Petroleum Corp, what prompted the union to file the notice to strike? (20 points)

Question No. 2 
What are the valid issues/grounds that may be the subject of a notice of strike/lockout?
(15 points) 

 A valid issue to have a strike/lockout is when an unfair labor practice has been
committed or a flagrant violation of the collective bargaining agreement.
Unfair labor practices may be considered as employers not allowing employees
to join unions, manipulation in terms of hours of work, and wages. A collective
bargaining agreement is a written contract by the employer and the union which
represents the employees. It states the hours of work, wages, and terms that
they have agreed upon. Once the collective bargaining agreement has been
breached a strike or lockout may be filed to the National Conciliation and
Mediation Board (NCMB). 

Question No. 3 
May a strike or lockout be declared illegal? Give an example. (20 points) 

If any of the elements for a lawful strike or lockout are not met, the strike or lockout may
be considered illegal. They need to comply with Article 263 of the Labor Code which
states that: (1) notice of strike is filed within 30 days before the deadline, or 15 days if
there is an unfair labor practice to the DOLE; (2) a strike vote must be authorized by a
majority of the negotiating unit's total union membership; and (3) The results of the vote
shall be notified to the Department of Labor at least seven days before the planned
strike. These prerequisites are mandatory, and if the union fails to meet them, the strike
will be declared illegal. It could also be considered illegal if it is based on non-strikeable
reasons or if the issues in question have already been arbitrated. When one of the
parties to a strike or lockout engages in forbidden conduct or practices, the strike or
lockout may be ruled illegal.

One of the most effective weapons of labor in protecting the rights of employees and
considered as the great equalizer is Strike. It improves the terms and conditions of the
worker’s employment but it can be considered unlawful when strikers engage in serious
misconduct. Here are the following strikes that are considered illegal and the employees
who engage in these lose the protection of the NLRA:

 Violence, Threats, and Mass Picketing.

 The requirements for a valid strike or lockout have not complied.
 Sit-down strikes, wherein striking employees refuse to leave the workplace and
refuse to work.
Question No. 4 
What is/are the effect of a Return to Work Order issued by the Secretary of Labor
regarding a strike? (15 points) 

 Article 263 (g) of the Labor Code.

Question No. 5 
In the case of Bigg’s Inc. vs. Jay Boncacas, Thelma Divina, et al, (GR. No. 200287, 06
March 2019), what was/were the principle/s discussed regarding strikes and lockouts?
(30 points)
 Art. 263. Strike, lockouts, and its Implementing Rules (A-I).
 A strike vote should be reported to the NCMB at least seven 7 days before
the intended strike or lockout, which will be therefore subject to the
cooling-off period. Cooling-off period is a time gap to cool off tempers
between the filing of the notice and actual execution of the strike wherein
both parties are not allowed to do any act that may impede the early
settlement of the dispute. In addition to that, notice must be in accordance
with such rules and regulations, that is why In filing a strike, the required
contents and document should be filed with the DOLE, specifically the
regional branch of the NCMB.
 Requirements of a valid strike.
 Strike vote should be taken by secret balloting, with 24- hour prior notice
to NCMB, it must be approved by a majority of the total union in the
bargaining unit concerned, obtained by secret ballot in meetings or
referenda, As eloquently stated in the Labor Code, it provides a stricter
standard on union officers. And as for the side of the Employer, In
Declaring a lockout must be approved by the majority of the board of
directors of the corporation or association.
 Article 278 -Different procedural requirements. and grounds for a strike.
 A duly certified recognized bargaining agent and or an employer may file
a notice of lockout with the Ministry at least 30 days before the intended
day. In cases of Unfair Labor Practice, the period of notice shall be 15
days. In the absence of a duly certified recognized bargaining agent, the
notice of strike may be filed by any legitimate labor organization on behalf
of its members.
 Participating in the commission of illegal acts.
 Employees, workers, or union officers who knowingly participate in the
commission of illegal acts during a strike may be declared to have lost
their employment which is also a valid ground for termination of their
employment. On the other hand, members or employees who did not
participate in any prohibited act during the strikes, are entitled to back-
wages because the strike that they conducted was illegal.