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PEACEFUL CONCERTED ACTIVITIES, UNION OFFICER WHO KNOWINGLY PARTICIPATES…

- - - - POLICY FOR STRIKES:
        FOR COLLECTIVE BARGAINING OR FOR MUTUAL BENEFIT AND PROTECTION (278b)
        (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.
        
        COOLDOWN PERIODS
        (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 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 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
        
        NOTICE IN ACCORDANCE WITH IRR
        (d) The notice must be in accordance with such implementing rules and regulations as the Minister of Labor and Employment may promulgate.
        
        COOL-OFF PERIOD, MINISTRY SHALL EXERT ALL EFFORTS AT MEDIATION AND CONCILIATION
        (e) During the cooling-off period, it shall be the duty of the Ministry 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.
        
        DECISION TO DECLARE STRIKE MUST BE APPROVED BY MAJORITY OF TOTAL UNION MEMBERSHIP
        (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.
        DECISION TO DECLARE LOCKOUT MUST BE DECIDED BY MAJORITY OF BOARD OF DIRECTORS OF CORPORATION
        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.
        DECISION SHALL BE VALID FOR DURATION OF DISPUTE
        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.
        MINISTRY MAY SUPERVISE CONDUCT OF SECRET BALLOTING
        The Ministry may, at its own initiative or upon the request of any affected party, supervise the conduct of the secret balloting.
        THE UNION OR EMPLOYER SHALL FURNISH THE MINISTRY RESULTS OF VOTING AT LEAST 7 DAYS BEFORE INTENDED STRIKE
        In every case, the union or the employer shall furnish the Ministry the results of the voting at least seven days before the intended strike or lockout, subject to the cooling-off period herein provided.
        
        WHEN SOLE MAY ASSUME JURISDICTION OVER A LABOR DISPUTE(278g)
        (g) When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration.
        
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        NO STRIKE OR LOCKOUT ON GROUNDS INVOLVING INTER-UNION &
        INTRA-UNION DISPUTES (278b)
        However, no labor union may strike and no employer may declare a lockout on grounds involving inter-union and intra-union disputes.
    - - Scope of definition of a labor dispute is very wide
- - - - CREATION OF REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARDS
        "Art. 122. Creation of Regional Tripartite Wages and Productivity Boards. — There is hereby created Regional Tripartite Wages and Productivity Boards, hereinafter referred to as Regional Boards, in all regions, including autonomous regions as may be established by law.
        COMMISSION SHALL DETERMINE OFFICES/HEADQUARTERS OF RESPECTIVE REGIONAL BOARDS
        The Commission shall determine the offices/headquarters of the respective Regional Boards.
        
        ENUMERATION OF POWERS OF REGIONAL BOARD
        "The Regional Boards shall have the following powers and functions in their respective territorial jurisdiction:
        
        DEVELOP PLANS, PROGRAMS, AND PROJECTS
        "(a) To develop plans, programs and projects relative to wages, incomes and productivity improvement for their respective regions;
        
        DETERMINE AND FIX MINIMUM WAGE RATES AND TO ISSUE WAGE ORDERS
        "(b) To determine and fix minimum wage rates applicable in their region, provinces or industries therein and to issue the corresponding wage orders, subject to guidelines issued by the Commission;
        
        UNDERTAKE STUDES, RESEARCHES, AND SURVEYS, AND COLLECT AND COMPILE DATA
        "(c) To undertake studies, researches and surveys necessary for the attainment of their functions, objectives and programs, and to collect and compile data on wages, incomes, productivity and other related information and periodically disseminate the same;
        
        COORDINATE WITH OTHER REGIONAL BOARDS AS MAY BE NECESSARY TO ATTAIN POLICY AND INTENTION OF CODE
        "(d) To coordinate with the other Regional Boards as may be necessary to attain the policy and intention of this Code;
        
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      - POWERS AND FUNCTIONS OF COMMISSION
        "Art. 121. Powers and Functions of the Commission. — The Commission shall have the following powers and functions:
        
        CONSULTATIVE AND ADVISORY TO PRESIDENT & CONGRESS ON WAGES, INCOMES, PRODUCTIVITY
        "(a) To act as the national consultative and advisory body to the President of the Philippines and Congress on matters relating to wages, incomes and productivity;
        
        QUASI-LEGISLATIVE POWERS ON WAGES/INCOMES/PRODUCTIVITY IMPROVEMENT AT ENTERPRISE, INDUSTRY, AND NATIONAL LEVELS
        "(b) To formulate policies and guidelines on wages, incomes and productivity improvement at the enterprise, industry and national levels;
        
        QUASI-LEGISLATIVE POWERS ON MINIMUM WAGE AND PRODUCTIVITY MEASURES AT REGIONAL, PROVINCIAL OR INDUSTRY LEVELS
        "(c) To prescribe rules and guidelines for the determination of appropriate minimum wage and productivity measures at the regional, provincial or industry levels;
        
        REVIEW REGIONAL WAGE LEVELS SET BY REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARDS
        "(d) To review regional wage levels set by the Regional Tripartite Wages and Productivity Boards to determine if these are in accordance with prescribed guidelines and national development plans;
        
        STUDIES, RESEARCHES, AND SURVEYS TO ATTAIN ITS FUNCTIONS AND OBJECTIVES AND DISSEMINATION
        "(e) To undertake studies, researches and surveys necessary for the attainment of its functions and objectives, and to collect and compile data and periodically disseminate information on wages and productivity and other related information, including, but not limited to, employment, cost-of-living, labor costs, investments and returns;
        
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- - - - MEDIATION = THIRD PARTY NEUTRAL SETTLES THEIR DIFFERENCES
        NCMB DOES THIS
        CONCILIATION?
      - NCMB v. MED-ARBITER
        NCMB handles mediation while med-arbiter handles intra-union disputes
      - IF BARGAINING DEADLOCK, 30 DAY COOLING OFF PERIOD
        Period you have to observe. You cannot begin the strike during that period.
        Also the period to call the parties together
        
        STRIKE VOTE
        MAJORITY VOTE OF THE UNIONS
        Usually resorted to when NCMB mediation does not prosper.
        7-day strike ban
        
        WHEN STRIKE VOTE MAY BE DONE
        Any time after the notice of strike
        
        7-day strike ban
        Counted from the results of the strike vote
        
        STRIKE MAY COMMENCE 7-DAYS AFTER RESULTS OF STRIKE VOTE
        After expiration, a strike may be commenced.
        MEMORIZE THIS VERBATIM
        3 ELEMENTS
        
        Temporary stoppage of work
        
        Concerted action of employees
        
        Result of an industrial or labor dispute
        
        VIOLATION OF STRIKE VOTE =
        ILLEGAL STRIKE
        A strike conducted in violation of the strike vote is an illegal strike
        
        What if the strike vote results were released WITHIN the 30-day cooling off period?
        We do not know
      - IF ULP, 15 DAY COOLING OFF PERIOD
      - IF UNION BUSTING, NO COOLING OFF PERIOD
        ZERO (0) DAYS
      - Where is it filed again?