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H. Peaceful Concerted Activities - Coggle Diagram

- - - - Improved Offer Balloting 280,
        
        Miscellaneous Provisions 292 (b) (i),
        
        RA 6727 (1989), Sec 3
      - Inter/Intra-Union Disputes 278h - No strike or employer lockout may be had on the basis of inter/intra union disputes. Consistent with the bystander doctrine.
        
        Jurisdiction over Strikes 278g - SOLE may assume jurisdiction or certify to the NLRC a labor dispute likely/causing a strike or lockout in an industry indispensable to the national interest.
        
        Effect of Assumption - the intended or impending strike is automatically enjoined. If one is taking place, return to work order. Status quo.
        
        Bagong Pagkakaisa ng Mangagawa ng Triumph v. SOLE - includes and extends to all questions and controversies arising from or related to the dispute, including cases over which the labor arbiter has exclusive jurisdiction.
        
        Period for Resolution - SOLE decides the dispute or certifies it to the NLRC for arbitration. Parties may also agree to compulsory arbitration. Whoever decides should do so within (30) days FROM THE DATE of the assumption of jurisdiction or, certification.
        
        Defiance of a Return to Work Order - converts the strike into an illegal strike. Grounds for termination. This is subject to twin-notice rule for termination.
        
        Violation By Employer - Prohibited. Even if only payroll reinstatement. A strained relationship between the striking employees and management is no reason for payroll reinstatement in lieu of actual reinstatement.
        
        Exception to Payroll (UST Case) - In one case, payroll reinstatement was allowed where the employees previously occupied confidential positions as their actual reinstatement would be impracticable and would exacerbate the situation In another case, payroll reinstatement was allowed for teachers who were to be reinstated in the middle of the sem.
        
        Triumph v. Secretary - SOLE may assume jurisdiction even over an illegal dismissal case if it falls under the plenary power over strike or lockouts in an industry indispensable to the national interest.
        
        Determination of Minimum Wage - Sir says argue the wage increase under the CBA if beyond minimum wage is within reason i.e. use inflation, industry figures, etc.
        
        Prohibited Activities 279
        
        Violence Against Picketers/Strikers (b) - No person shall obstruct, impede, or interfere with by force, violence, coercion, threats or intimidation, any peaceful picketing by employees during any labor controversy or in the exercise of the right to self-organization or collective bargaining, or shall aid or abet such obstruction or interference
        
        Strike-Breaking (c) - No employer shall use or employ any strike-breaker, nor shall any person be employed as a strike
        
        Escorting (d) - No public official or employee, including officers and personnel of the New Armed Forces of the Philippines or the Integrated National Police, or armed person, shall bring in, introduce or escort in any manner, any individual who seeks to replace strikers in entering or leaving the premises of a strike area, or work in place of the strikers. The police force shall keep out of the picket lines unless actual violence or other criminal acts occur therein: Provided, That nothing herein shall be interpreted to prevent any public officers from taking any measure necessary to maintain peace and order, protect life and property, and/or enforce the law and legal orders
        
        Violence, Coercion, Intimidation, Obstruction (e) - No person engaged in picketing shall commit any act of violence, coercion or intimidation or obstruct the free ingress to or egress from the employer's premises for lawful purposes, or obstruct public thoroughfares.
        
        Definition of Picketing PHIMCO v. PILA - “While a strike focuses on stoppage of work, picketing focuses on publicizing the labor dispute and its incidents to inform the public of what is happening in the company struck against.” A picketing may be conducted during strike.
        .
        
        Definition – “A picket simply means to march to and from the employer’s premises, usually accompanied by the display of placards and other signs making known the facts involved in a labor dispute.”
        
        Exception - Does not extend to blocking ingress to and egress from the company premises
        
        In Pari Delicto - Since both AER and the union are at fault or in pari delicto, they should be restored to their respective positions prior to the illegal strike and illegal lockout. Nonetheless, if reinstatement is no longer feasible, the concerned employees should be given separation pay up to the date set for the return of the complaining employees in lieu of reinstatement.
      - Requisites of a Strike (Phimco v. PILA) -
        
        Notice of strike w/ DOLE/NCMB 30 days before the intended date or 15 days in case of ULP. This notice must also be furnished to the employer.
        
        15-30 day Cooling-off period must be observed before the strike may be begun. This is the same period given to the NCMB to mediate between the parties.
        
        Strike vote approved by the majority obtained by secret ballot for a meeting called for that
        
        Notice to DOLE/NCMB of the results of the strike vote at least 7 days before the day of the intended strike. During this 7 day period, there is another strike ban. -
        
        Liability in Case of Illegal Strike (HSBC) - This is always subject to twin notice rule.
        
        Union Officers - Mere participation in an illegal strike may be declared to have lost employment status.
        
        Regular Workers - must have committed illegal acts during the strike.
        
        Backwages - Employees dismissed due to an illegal strike not entitled to backwages for the period of the strike. This is no work no pay.
        
        Pre-Requirement - First check if there is a cause of action for violation of the CBA.
        
        Notice Requirement (Club Filipino Inc vs. Bautista) - Rule XXII, Sec. 4 of the Omnibus Rules Implementing the LC requires that
        
        Bargaining Deadlocks - in case of bargaining deadlocks, notice of strike as far as practicable must:
        
        State the unresolved issues in the bargaining negotiations;
        
        Accompanied by the written proposals of the union;
        
        counter-proposals of the employer and the proof of a request for conference to settle difference.
        
        Unfair Labor Practice - as far as practicable must state:
        
        State the acts complained of
        
        Efforts taken to resolve the dispute amicably.
        
        Effect of Non-Compliance - the notice is deemed as not filed. Party filing notice shall be informed by the regional branch of the Board.
        
        Mediation - Formally, NCMB does this because it is a third party. NCMB is frontlined by conciliator-mediators.
        
        Procedure before the Conciliation/Mediation - the NCMB sets a hearing for mediation. Informal hearing. Thus, SOLE may handle in case of important strike.
        
        DOLE Rules - strike ban is additive to the 30 day cooling off period. But sir says contentious because interpret in favor of labor. But, err on the side of caution and consider the entire period as 37 days. This is because amendments of RA 6751 amendments introducing the strike ban period.
        
        Grounds for Strike/Cooling Off Period
        
        Bargaining Deadlock - 30 Days
        
        ULP - 15 days.
        
        Union-Busting - 0 days. Here, difficult to reconcile with 7 day strike ban.
        
        If multiple grounds for notice of strike, then the longer cooling off period is the one observed. In practice, conciliator differentiates the issues.
    - - Scope (Coca-Cola) - Encompasses concerted work stoppages, slowdowns, mass-leaves, sit-downs, attempts to damage, destroy or sabotage plant equipment and facilities, etc.
        
        Kinds of Illegal Strikes (NUWHRAIN) -
        
        SPECIFIC PROHIBITION - Those that are contrary to a specifi prohibition of law, such as strike by employees performing govt. functions.
        
        SPECIFIC REQUIREMENT - Those that violate a specific requirement of law, such as LC 278 on the requisites of a valid strike.
        
        UNLAWFUL PURPOSE - Those declared for an unlawful purpose, such as inducing the employer to commit an unfair labor practice against non-union employees.
        
        UNLAWFUL MEANS - Those that employ unlawful means in the pursuit of its objectives, such as a widespread terrorism of non-strikers or perform prohiibited acts under LC 297.
        
        VIOLATION OF INJUNCTION - Those in violation of an existing injunction, prohibition or an order of the SOLE or NLRC.
        
        VIOLATION OF AGREEMENT - Those contrary to an existing agreement, such as a no-strike clause or conclusive arbitration clause