MJJ, UC Law

Procedural Requirement for Strike/Lock-out (Art 278)

A. Substantive Requirements: (grounds)

1. Collective Bargaining Deadlock (CBD) also known as “Economic Strike”

B.
Procedural 2. Unfair Labor Practice (ULP) – includes flagrant or malicious refusal to comply with
the economic provisions of the CBA
3. Union busting - action by management to prevent employees from exercising their
right to organize; dismissal from employment of union officers duly elected in
accordance with the union constitution and by-laws.
Requirements

1. Filing of Notice of Strike or Lockout

2. Cooling-Off Period
3. Strike Vote with Notice of Strike Vote Meetings
4. Strike Vote Report
5. LLO/EBU/employer must have bargained collectively first.

SIMPLIFIED FLOW CHART

1. FILING OF NOTICE OF STRIKE OR LOCKOUT 2. COOLING-OFF PERIOD

(When to file notice?)

 Who may file the Notice?

- A. In establishment with certified bargaining agent:  CBD (Economic Strike) - 30 days
 If ULP – certified or recognized CB rep may file before intended date
notice or declare strike  ULP – 15 days before intended
 If CBD – only bargaining union can file notice since date
this presupposes that an EBU already exists.  Union Busting – not required to
 Lockout – Employer may file notice, declare lockout, observe cooling-off
request for mediation
- B. In establishment with NO bargaining agent:
 If ULP only – any LLO may file notice, declare a CONTENTS OF NOTICE: see
strike or request for preventive mediation. notes

 Where to file?
- DOLE, specifically to Regional Branch of NCMB.
- Furnish a copy to the employer or union, as the case maybe
 NOTE:
- Both parties can agree to refer the case to Voluntary Arbitration
- Instead of filing notice of strike, a union may request NCMB to
do preventive mediation, but the union has to be the certified or
duly recognized bargaining agent.
- Only a LLO can legally hold a strike.
- NCMB shall inform the concerned party in case notice does not
conform to the requirements.

3. STRIKE VOTE with Notice of Strike Vote Meetings

The Regional Office

of the NCMB may,
on its own
initiative, or upon
the request of
either party, ay
observe the voting.

Page 1 of 2
MJJ, UC Law

Purpose: to make sure that the decision to strike rests on the majority of the union members.

Requisites for a Strike Vote:

1. STRIKE:
a. Obtained by secret ballot in a meeting or referendum called for that purpose; and
b. Approved by the majority of the total union membership in the BGU. (not bargaining unit
huh. Union members of the minority union may or may not be called to the strike vote)
2. LOCKOUT
a. Obtained by secret ballot in a meeting or referendum called for that purpose; and
b. Approved by the majority of the board of directors of the corp or association

NOTE: The Board shall furbish a notice of meetings within 24hrs before such meeting to give NCMB time to deploy their
personnel when needed. NCMB can merely suggest solutions, not impose decisions since he is not an adjudicator thereof .

4. STRIKE VOTE REPORT

Furnish a report of the strike vote results within 7 days before the intended strike to the
NCMB (DOLE)

NOTE:

 means after strike vote report, wait for 7 days first before actual strike. In the case
of Union Busting, this 7-DAY WAITING PERIOD is also MANDATORY before
going to strike.

TIMEFRAME:

1. CBD – 30days + 7days

2. ULP – 15 days + 7days
3. UB – 0 day + 7 days

STRIKE

Page 2 of 2