PRIMER ON STRIKE,

PICKETING AND
LOCKOUT

 
 

FOREWORD TO THE SECOND EDITION

 
 
The continued awareness of both the labor and management sectors
of the intricacies of strikes, pickets and lockouts encourages us to
pursue with this second edition. We are indeed inspired by the
continuing decline of the number of work stoppages initiated by labor
organizations over the years.
 
As our experience in the conciliation and mediation of labor disputes
widen, the statutory requirements of strikes, pickets and lockouts have
often surfaced as gray areas over which parties have different
interpretations.
 
In particular, this edition seeks to clarify the observance of the
cooling-off periods and the strike ban as supported by Supreme Court
decisions.
 
It is hoped that the dissemination of this handy material would
further enhance the knowledge of our partners in the private sector
and share our commitment to create an atmosphere conducive to
industrial peace.
 
 
 
                            (SGD.) ROSALINDA D.
BALDOZ
                     Acting Executive Director
December 1995.

 
 

FOREWORD
 

The presentation in digest form of the legal framework of labor

relations governing strikes and lockouts begins with a description of its
nature and dynamics.

After plowing through the maze of legislation and pertinent

jurisprudence, this PRIMER treats, in a direct and concise manner, the
parameters of strikes and lockouts. This comes with the wealth of NCMB
experience in conciliation and mediation of labor disputes.

Presented in question-and-answer form, it is hoped that this Primer

would not only serve as handy reference material but would also prove to be
of valuable assistance to our labor and management constituents as well as
labor law students, practitioners and advocates.

(SGD.) BUENAVENTURA C. MAGSALIN

Executive Director IV

NCMB

 
 

First Edition, 1991

 
 

PRIMER ON STRIKE, PICKETING AND LOCKOUT

1.                  WHAT IS STRIKE, PICKETING AND LOCKOUT?

A.                  1. STRIKE – means any temporary stoppage of work by

the concerted action of the employees as a result of an
industrial or labor dispute. (Art. 212 (o), Labor Code, as
amended by Sec. 4, R. A. 6715)

2. PEACEFUL PICKETING – the right of workers during strikes

consisting of the marching to and fro before the premises
of an establishment involved in a labor dispute, generally
accompanied by the carrying and display of signs, placards
or banners with statements relating to the dispute.
(Guidelines Governing Labor Relations, October 19, 1987)

3. LOCKOUT – means the temporary refusal of an employer

to furnish work as a result of an industrial or labor dispute.
(Article 212 (p) Labor Code, as amended by Section 4,
R.A. 6715).

2.                  WHAT ARE THE DIFFERENT FORMS OF STRIKES?

A.     1. LEGAL STRIKE – one called for a valid purpose and

conducted through means allowed by law.

 
 2. ILLEGAL STRIKE – one staged for a purpose not recognized
by law, or if for a valid purpose, conducted through means
not sanctioned by law.

3.       ECONOMIC STRIKE – one staged by workers to force wage

or other economic concessions from the employer which he
is not required by law to grant (Consolidated Labor
Association of the Phil. vs. Marsman and Company, 11
SCRA 589)

4. ULP STRIKE – one called to protest against the employer’s

acts of unfair labor practice enumerated in Article 248 of
the Labor Code, as amended, including gross violation of
the collective bargaining agreement (CBA) and union
busting.

5. SLOWDOWN STRIKE – one staged without the workers

quitting their work but merely slackening or by reducing
their normal work output.

6. WILD-CAT STRIKE – one declared and staged without filing

the required notice of strike and without the majority
approval of the recognized bargaining agent.

7. SIT DOWN STRIKE – one where the workers stop working

but do not leave their place of work.

3. WHAT IS AN INDUSTRIAL DISPUTE?

A. An industrial or labor dispute includes any controversy or matter

concerning terms or conditions of employment or the association
 or representation of persons in negotiating, fixing, maintaining,
changing or arranging the terms and conditions of employment
regardless of whether the disputants stand in the proximate
relation of employer and employee. (Article 212 (1) Labor
Code, as amended by Section 4, R.A. 6715)

4.      WHAT IS THE NATURE OF THE RIGHT TO STRIKE AND LOCKOUT?

A. The right to strike is a constitutional and legal right of the

workers as the employers have the inherent and statutory right
to lockout, all within the context of labor relations and collective
bargaining. It is a means of last resort and presupposes that the
duty to bargain in good faith has been fulfilled and other
voluntary modes of dispute settlement have been tried and
exhausted. (Guidelines Governing Labor Relations).

5.      WHO MAY DECLARE A STRIKE OR LOCKOUT?

Any certified or duly recognized bargaining representative may

declare a strike in cases of bargaining deadlock and unfair labor
practice. Likewise, the employer may declare a lockout in the
same cases.

In the absence of a certified or duly recognized bargaining

representative, any legitimate labor organization in the
establishment may declare a strike but only on the ground of
unfair labor practice. (Section 2, Rule XIII, Book V, Omnibus
Rules Implementing The Labor Code, as amended).

6. WHAT ARE THE REQUISITES OF A LAWFUL STRIKE OR LOCKOUT?

 A. The requirements for a valid strike or lockout are
as                                 follows:

It must be based on a valid and factual ground;

A strike or lockout NOTICE shall be filed with the National

Conciliation and Mediation Board (NCMB) at least 15 days
before the intended date of the strike or lockout if the
issues raised are unfair labor practices, or at least 30 days
before the intended date thereof if the issue involves
bargaining deadlock.

In cases 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 after the strike vote is conducted and the
result thereof submitted to the Department of Labor and
Employment.

1.                  A strike must be approved by a majority vote of the

members of the Union and a lockout must be approved by
a majority vote of the members 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.

2.                  A strike or lockout VOTE shall be reported to the NCMB-

DOLE Regional Branch at least 7 days before the intended
strike or lockout subject to the cooling-off period.

 
 In the event the result of the strike/lockout ballot is filed
within the cooling-off period, the 7-day requirement shall
be counted from the day following the expiration of the
cooling-off period. (NSFW vs. Ovejera, G.R. No. 59743,
May 31, 1982)

In case of dismissal from employment of union officers

which may constitute union busting, the time requirement
for the filing of the Notice of Strike shall be dispensed with
but the strike vote requirement being mandatory in
character, shall “in every case” be complied with.

The dispute must not be the subject of an assumption of

jurisdiction by the President or the Secretary of Labor and
Employment, a certification for compulsory or voluntary
arbitration nor a subject of a pending case involving the
same grounds for the strike or lockout.

7. WHAT ARE THE VALID GROUNDS FOR DECLARING A STRIKE OR

LOCKOUT?

The law recognizes two grounds for the valid exercise of the right to
strike or lockout, namely:

Collective Bargaining Deadlock (CBD) and/or

Unfair Labor Practice (ULP)

8. MAY A UNION FILE A NOTICE OF STRIKE OR THE EMPLOYER

FILE A NOTICE OF LOCKOUT IF THE LABOR DISPUTE IS BASED
ON A GROUND OTHER THAN ULP AND CBD?
 

A. No. The union/employer may not file a notice based on grounds

other than ULP and CBD. Violations of Collective Bargaining
Agreements, except flagrant and/or malicious refusal to comply
with its economic provisions, shall not be considered unfair labor
practice and shall not be strikeable and no strike or lockout may
be declared on grounds involving inter-union and internal union
disputes or on issues brought to voluntary or compulsory
arbitration including legislated wage orders and labor standard
cases.

However, if improvidently filed and it appears on the face of the

notice that the issues raised are non-strikeable or the real issues
discovered during conciliation proceedings are not proper
subjects of a Notice of Strike or Lockout, The NCMB Regional
Branch shall dismiss motu propio the notice without prejudice to
further conciliation, or upon request of either or both parties in
which case, the Notice of Strike or Lockout is treated as a
Preventive Mediation Case. (See Definition of Preventive
Mediation Case under Appendix 3, Definition of Terms).

9.      WHAT ARE THE CONTENTS OF A NOTICE OF STRIKE OR

LOCKOUT?

A. The notice shall state, among others, the names and addresses of
the employer and the union involved, the nature of the industry
to which the employer belongs, the number of union members
and of the workers in the bargaining unit, and such other
relevant data as may facilitate the settlement of the dispute,
such as a brief statement or enumeration of all pending labor
disputes involving the same parties.

In cases of bargaining deadlocks, the notice shall, as far as

practicable, further state the unresolved issues in the bargaining
negotiations and be accompanied by the written proposals
 of the union, the counter-proposals of the employer and the
proof of a request for conference to settle the differences.

In cases of unfair labor practice, the notice shall, as far as

practicable, state the acts complained of and the efforts taken to
resolve the dispute amicably.

10. WHAT IS THE ROLE OF THE NCMB IN CASE A NOTICE OF STRIKE

OR LOCKOUT IS FILED?

A. Upon receipt of a valid notice of strike or lockout, the NCMB,

through its Conciliator-Mediators, shall call the parties to a
conference the soonest possible time in order to actively assist
them to explore all possibilities for amicable settlement. To this
end, the Conciliator-Mediator may suggest/offer proposals as an
alternative avenue for the resolution of their
disagreement/conflict which may not necessarily bind the
parties. In the event of failure in conciliation/mediation the
parties shall be encouraged to submit their dispute for voluntary
arbitration.

11. WHAT IS THE LEGAL IMPLICATION IF THE CONTENT-

REQUIREMENT OF THE NOTICE OF STRIKE OR LOCKOUT HAS
NOT BEEN COMPLIED WITH?

A. Any notice which does not conform with the foregoing

requirements shall be deemed not having been filed.

12.  WHAT IS THE PURPOSE OF THE STRIKE VOTE?

A. To ensure that the decision to strike broadly rests with the

majority of the Union members in general and not with a mere
 minority, at the same time, discourage wildcat strikes, union
bossism and even corruption.

13. WHAT IS THE PURPOSE OF THE STRIKE VOTE REPORT?

A. To ensure that a strike vote was indeed taken and in the event
that the report is false, to afford the members an opportunity to
take the appropriate remedy before it is too late.

14.              WHAT IS PURPOSE OF THE TIME REQUIREMENT IN THE

NOTICE OF STRIKE/LOCKOUT?

A. The 15 and 30 days requirement is known as the Cooling-Off

Period designed to afford parties the opportunity to amicable
resolve the dispute with the assistance of the NCMB
Conciliator/Mediator. Should the dispute remain unsettled until
the lapse of the required number of days from the mandatory
filing of the notice, the labor union may strike or the employer
may commence a lockout after having complied with the 7-day
requirement for the filing of the strike or lockout vote, as the
case may be.

15.              WHAT IS THE CORRECT INTERPRETATION OF THE

REQUIREMENT TO OBSERVE THE COOLING-OFF PERIODS AND
THE STRIKE BAN?

A. The prescribed cooling-off period and the 7-day strike ban after
submission of report of strike vote are mandatory. The
observance of both periods must be complied with, although a
labor union may take a strike vote and report the same within
the statutory cooling-off period. The avowed intent of the law is
to provide an opportunity for mediation and conciliation. The
waiting period, on the other hand, is intended to provide
 opportunity for the members of the union or the management
to take the appropriate remedy in case the strike or lockout vote
report is false or inaccurate. Moreover, the cooling-off and 7-
day strike ban provisions of law are reasonable and valid
restrictions on the right to strike and these restrictions constitute
a valid exercise of police power of the State. If only the filing of
the strike notice and the strike vote report would be deemed
mandatory, but not the waiting periods so specifically and
emphatically prescribed by law, the purposes for which the filing
of the strike notice and strike vote report is required cannot be
achieved. The submission of the report gives assurance that a
strike vote has been taken and that, if the report concerning it is
false, the majority of the members can take appropriate remedy
before it is too late. (National Federation of Sugar Workers vs.
Ovejera, 114 SCRA 354)

The seven (7) days waiting period is intended to give the

Department of Labor and Employment an opportunity to verify
whether the projected strike really carries the imprimatur of the
majority of the union members.

The need for assurance that the majority of the union members
support the strike cannot be gainsaid. Strike is usually the last
weapon of labor to compel capital to concede to its bargaining
demands or to defend itself against unfair labor practices of
management. It is a weapon that can either breathe life to or
destroy the union and its members in their struggle with
management for a more equitable due of their labors. The
decision to wield the weapon of strike must, therefore, rest on a
rational basis, free from emotionalism, unswayed by the
tempers and tantrums of a few hotheads, and firmly focused on
the legitimate interest of the union which should not, however,
be antithetical to the public welfare.

Thus, our laws require the decision to strike to be the consensus

of the majority for while the majority is not infallible, still, it is
the best hedge against haste and error. In addition, a majority
vote assures the union it will go to war against management
 with the strength derived from unity and hence, with better
chance to succeed. (Lapanday Workers Union, Tomas N. Basco
vs. NLRC and Lapanday Agricultural Development Corporation,
G.R. Nos. 95494-97, 7 September 1995)

16.  WHAT ARE THE PROHIBITED ACTS AND PRACTICES?

A. 1. Declaring a strike or lockout on grounds involving inter-

union and intra-union disputes or on issues brought to
voluntary or compulsory arbitration.

2. Declaring a strike or lockout without first having bargained

collectively or without first having filed the required notice
or without the necessary strike or lockout vote first having
been obtained and reported to the Regional Branch of the
NCMB.

Declaring a strike or lockout in defiance of a cease-and-

desist order, or an order for the striking employees to
return to work and for the employer to accept the workers
after assumption of jurisdiction by the President or
Secretary of Labor and Employment, or after certification
or submission of the dispute to compulsory or voluntary
arbitration, or during the pendency of a case involving the
authorized grounds for the strike or lockout.

4. Obstructing, impending or interfering with by force,

violence, coercion, threats or intimidation any peaceful
picketing by employees during any labor controversy or in
the exercise of their right to self-organization or collective
bargaining, or aiding or abetting such obstruction or
interference.

 
 5. Employing any strike breaker or being employed as a
strike-breaker.

6. No public official or employee, including officers and

personnel of the Armed Forces of the Philippines, of the
Philippine National Police, or any 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 strikers.

Nothing herein shall be interpreted to prevent the

aforementioned officials, employees or peace officers from
taking any measure necessary to maintain peace and order
and/or to protect life and property.

7. Stationary picket and the use of means like placing of

objects to constitute permanent blockade or to effectively
close points of entry or exit in company premises.

8. Any act of violence, coercion or intimidation by any

picketer.

9. The obstruction of the free ingress to or egress from the

employer’s premises for lawful purposes.

10. Obstruction of public thoroughfares while engaged in

picketing.

 
17.  WHAT ARE THE LEGAL IMPLICATIONS FOR NON-
COMPLIANCE WITH THE REQUIREMENTS FOR A VALID STRIKE
OR LOCKOUT?

A. The requirements for a valid strike or lockout are mandatory in

character and non-compliance therewith is sufficient ground to
declare the strike or lockout illegal.

If a strike is declared illegal, the employer may be authorized to

terminate the employment of union officials who knowingly
participated in the illegal strike and/or any worker or union
officer who knowingly participated in the commission of other
illegal acts during the strike.

In case the lockout is declared illegal, any worker whose

employment has been terminated as a consequence thereof may
be entitled to re-instatement including payment of full
backwages and other benefits.

18.  WHEN A DISPUTE SUBJECT OF A NOTICE OF STRIKE IS

FORTHWITH TREATED AS A PREVENTIVE MEDIATION CASE,
MAY THE UNION LATER ON STAGE A STRIKE ON ACCOUNT OF
THE SAME DISPUTE?

A. No. Once the dispute has been converted into a preventive

mediation case, the notice of strike is deemed dropped from the
dockets as if no notice of strike has been filed. Since there is no
more notice of strike to speak about, any strike subsequently
staged by the Union is deemed not to have complied with the
requirements of a valid strike. The same rule applies in the case
of lockout by an employer, (PAL vs. Sec. of Labor)
19.  WHO HAS THE DUTY TO DECLARE THAT THE NOTICE OF
STRIKE/LOCKOUT HAS BEEN CONVERTED INTO PREVENTIVE
MEDIATION CASE?

A. Upon the recommendation of the Conciliator/Mediator handling

the labor dispute, the Director of the Regional Branch of the
NCMB which has jurisdiction over the labor dispute has the duty
to declare and inform the parties that the issues raised or the
actual issues involved are not proper subjects of a Notice of
Strike or Lockout and that the Notice of Strike or Lockout has
been converted into a Preventive Mediation Case without
prejudice to further conciliation or upon the request of either or
both parties.

20.  MAY A LABOR DISPUTE SUBJECT OF A NOTICE OF STRIKE OR

LOCKOUT, MATURE INTO A VOLUNTARY ARBITRATION CASE?

A. Yes. By mutual agreement, the parties may decide to bring the

matter for resolution before an accredited voluntary arbitrator of
their choice, in which case the Notice is deemed automatically
withdrawn and dropped from the dockets.

21.  WHEN MAY A STRIKE OR LOCKOUT BE DECLARED ILLEGAL?

A. A strike or lockout may be declared illegal if any of the

requirements for a valid strike or lockout is not complied with.

It may also be declared illegal if it is based on non-strikeable

issues or if the issues involved are already the subject of
arbitration.

 
 During a strike or lockout, when either of the parties commit
prohibited acts or practices, the strike or lockout may be
declared illegal.

22.  WHO HAS JURISDICTION TO DETERMINE THE LEGALITY OF

STRIKE AND LOCKOUT?

A. In general, the Labor Arbiter in the appropriate Arbitration

Branch of the National Labor Relations Commission has the
power to determine questions involving the legality or the
illegality of a strike or lockout upon the filing of a proper
complaint and after due hearing.

Where the matter of legality or illegality of strike is raised in the

dispute over which the Secretary assumed jurisdiction or in
disputes certified by the Secretary to the Commission for
compulsory arbitration, the same may be resolved by the
Secretary or the Commission, respectively. (International
Pharmaceuticals, Inc. vs. Secretary of Labor and Associated
Labor Union, G.R. No. 92981-83, January 9, 1992.)

23.  MAY A VOLUNTARY ARBITRATOR DETERMINE THE LEGALITY

OF A STRIKE?

A. If the issue is voluntary and jointly submitted by the parties to

voluntary arbitration, the question may be resolved by the
voluntary arbitrator or panel of voluntary arbitrators.

24.  CAN ANY PERSON PERFORMING ANY OF THE PROHIBITED

ACTIVITIES MENTIONED IN THE PROCEEDING PARAGRAPH BE
CHARGED BEFORE THE COURT?
 

Yes. They may be charged before the appropriate civil and criminal
courts.

25.  WHAT IS THE PENALTY IMPOSABLE?

A. Any person violating any of the provisions of Article 265 of the

Labor Code (performing any of the above prohibited activities)
shall be punished by a fine of not exceeding P500.00 and/or
imprisonment for not less than one (1) day nor more than six (6)
months.

If the person so convicted is a foreigner, he shall be subjected to

immediate and summary deportation and will be permanently
barred from re-entering the country without the special
permission of the President.

If the act is at the same time a violation of the Revised Penal

Code (RPC), a prosecution under the Labor Code will preclude
prosecution for the same act under the RPC or vice-versa.

26.  IS AN EMPLOYEE WHO PARTICIPATES IN A LAWFUL STRIKE

DEEMED TO HAVE ABANDONED HIS EMPLOYMENT?

No. An employee who goes on strike is not deemed to have

abandoned his employment but is merely exercising his right to
self-organization precisely to protect his rights as an employee
and/or to obtain better working conditions.

 
27.              IS PARTICIPATION BY AN EMPLOYEE IN A STRIKE
SUFFICIENT GROUND FOR AN EMPLOYER TO TERMINATE HIS
EMPLOYMENT?

A. No. The mere participation of a worker in lawful strike shall not

constitute sufficient ground for the termination of his
employment even if a replacement has been hired by the
employer during such lawful strike. However, any union officer
who knowingly participates in an illegal strike and any worker or
union officer who knowingly participates in the commission of
illegal acts during a strike may be declared to have lost his
employment status.

28.              ARE THE STRIKERS ENTITLED TO PAYMENT OF WAGES

DURING THE PERIOD OF A LAWFUL STRIKE?

A. As a general rule, striking employees are not entitled to the

payment of wages for unworked days during the period of the
strike pursuant to the principle of “No work- No pay”. However,
this does not preclude the parties from entering into an
agreement to the contrary.

On the other hand, when strikers abandon the strike and apply
for reinstatement despite the existence of valid grounds but the
employer either refuses to reinstate them or imposes upon
their reinstatement new conditions that constitute unfair labor
practices, the strikers, who refuse to accept the new conditions
and are consequently refused reinstatement, are entitled to the
losses of pay they may have suffered by reason of the
employer’s discriminatory acts from the time they were refused
reinstatement.

29.              MAY A STRIKE/LOCKOUT BE ENJOINED/PREVENTED BY

LEGAL PROCESS?
 

A. As a general rule, strikes and lockouts validly declared enjoy the

protection of law and cannot be enjoined unless illegal acts are
committed in the course of such strikes or lockouts. Ordinarily,
the law vests in the NLRC the authority to issue injunctions to
restrain the commission of illegal acts during strikes and pickets.

In the national interest cases, the certification or assumption of

jurisdiction by the Secretary of Labor over the dispute under
Article 263(g) of the Labor Code, as a amended, has the effect of
automatically enjoining the intended strike or lockout whether or
not a corresponding return to work order has been issued. The
workers shall immediately return to work and the employer shall
immediately resume operations and re-admit all workers under
the same terms and conditions of employment prevailing before
the strike.

30.              WHAT IS THE EXTENT OF THE POWER OF THE PRESIDENT

OR THE SECRETARY OF LABOR AND EMPLOYMENT TO ISSUE
ASSUMPTION AND CERTIFICATION ORDERS?

A. The power to issue assumption and certification orders is an

extraordinary authority strictly limited to national interest cases
and granted to the President or to the Secretary of Labor, “which
can justifiably rest on his own consideration of the exigency of
the situation in relation to the national interest”.

Pursuant to the provisions of Article 263(g) of the Labor Code, as

amended, the Secretary of Labor is vested with the discretionary
power to decide not only the question of whether to assume
jurisdiction over a given labor dispute or certify the same to the
NLRC, but also the determination of the industry indispensable to
national interest.

 
 The President of the Philippines shall not be precluded from
intervening at any time and assuming jurisdiction over any labor
dispute involving industries indispensable to national interest in
order to settle or terminate the same.

Under Article 277(b) of the Labor Code, as amended, the

Secretary of the Department of Labor and Employment may
suspend the effects of the termination pending resolution of the
dispute in the event of a prima facie finding by the appropriate
official of the Department of Labor and Employment before
whom such dispute is pending that the termination may cause a
serious labor dispute or is in the implementation of a mass lay-
off.

31.              WHEN A DISPUTE IS ASSUMED BY THE PRESIDENT OR

SECRETARY OF LABOR, OR CERTIFIED TO THE NLRC FOR
COMPULSORY ARBITRATION, MAY A STRIKE OR LOCKOUT BE
VALIDLY DECLARED ON ACCOUNT OF THE SAME DISPUTE?

A. No. The assumption or certification shall have the effect of

automatically enjoining the intended or impending strike or
lockout.

32.              WHAT IS THE NATURE OF THE RETURN-TO-WORK ORDER?

A. The return-to-work order is a valid statutory part and parcel of

the assumption and certification orders given the predictable
prejudice the strike could cause not only to the parties but more
especially to the national interest. Stated otherwise, the
assumption of jurisdiction and the certification to the NLRC has
the effect of automatically enjoining the strike or lockout,
whether actual or intended, even if the same has not been
categorically stated or does not appear in the assumption or
certification order. It is not a matter of option or voluntariness
but of obligation. It must be discharged as a duty even against
 the worker’s will. The worker must return to his job together
with his co-workers so that the operation of the company can be
resumed and it can continue serving the public and promoting
its interest. x x x. It is executory in character and shall be
strictly complied with by the parties even during the pendency of
any petition questioning their validity x x x precisely to maintain
the status quo while the determination is being made. (Union of
Filipro Employees vs. Nestle Philippines, Inc., GR No. 88710-
13, December 19, 1990).

33.              WHAT ARE THE LEGAL CONSEQUENCES IN CASE OF

DEFIANCE OF THE RETURN-TO-WORK ORDER BY THE
EMPLOYER AND BY THE EMPLOYEES?

A. In case of non-compliance with the return-to-work order in

connection with the certification or assumption of jurisdiction by
the Secretary of Labor, the employees concerned may be
subjected to immediate disciplinary action, including dismissal or
loss of employment status or payment by the locking-out
employer of backwages, damages and other affirmative relief
even criminal prosecution against either or both of them.

The Secretary of Labor may cite the defiant party in contempt

pursuant to the power vested in him under the provisions of the
Labor Code.

34.              CAN THE PHILIPPINE NATIONAL POLICE (PNP) BE

DEPUTIZED TO ENFORCE ORDERS FROM THE DEPARTMENT OF
LABOR AND EMPLOYMENT?

A. Yes. The Secretary of Labor and Employment, the National Labor

Relations Commission (NLRC) or any Labor Arbiter may deputize
the PNP to enforce any of its order, award or decision.
 

35.              IN CASE THE PNP IS DEPUTIZED TO ENFORCE ORDERS FROM

THE DEPARTMENT OF LABOR, WHAT WILL BE ITS ROLE?

In such a case, the role of the PNP is merely to assist the sheriff
or the appropriate DOLE Officers in enforcing the decision, award
or order. It shall maintain peace and order and public safety in
the area where the decision, award or order is to be enforced.
It shall also give security to the officers enforcing the decision,
award or order. (Please see also Article 264 (d), Article 266 of
the Labor Code, as amended, and Guidelines for the Conduct of
PNP During Strikes, Lockouts and Labor Disputes in General, Oct.
22, 1987).

36.              WHAT IS A STRIKE AREA?

A. A strike area includes: (a) the establishment of the employer

struck against including run-away shops, factories or warehouses
and other premises where members of the bargaining unit carry
out the operations and business of the employer, and (b) the
area immediately before points of entrance and exit of
establishment struck against.

37.              IS THE INGRESS AND EGRESS OF THE ESTABLISHMENT PART

OF THE STRIKE AREA?

A. No. Since it is not part of the strike area, the same could not be
blocked or picketed.

38.  WHO IS A STRIKE-BREAKER?

 

A. A strike-breaker means any person who obstructs, impedes or

interferes with by force, violence, coercion, threats or
intimidation any peaceful picket by employees during any labor
controversy.

 
 APPENDIX 1

            Form 1

                      

APPENDIX 2

DEFINITION OF TERMS

1.                  NATIONAL CONCILIATION AND MEDIATION BOARD –

or NCMB, for short, refers to the agency attached to the
Department of Labor and Employment principally in charge of
the settlement of labor disputes through conciliation, mediation
and the promotion of voluntary approaches to labor dispute
prevention and settlement.

2.                  CONCILIATOR-MEDIATOR – official of the NCMB whose

principal function is to settle and dispose potential and actual
labor disputes through conciliation and preventive mediation
including the promotion and encouragement of voluntary
approaches to labor dispute prevention and settlement.

3.                  NATIONAL LABOR RELATIONS COMMISSION – NLRC, for

short, refers to the agency attached to the Department of Labor
and Employment in charge of deciding labor cases through
compulsory arbitration.

4.                  BARGAINING DEADLOCK – failure to agree on the terms

and conditions of the Collective Bargaining Agreement between
the management and the union.
 

5.                  UNFAIR LABOR PRACTICE - either by employers or labor

organizations as enumerated under Article 248 and 249 of the
Labor Code, as amended.

6.                  PREVENTIVE MEDIATION CASE – refers to the potential or

brewing labor dispute which is the subject of a formal or informal
request for conciliation and mediation assistance sought by
either or both parties in order to remedy, contain or prevent its
degeneration into a full blown dispute through amicable
settlement.

7.                  INTRA-UNION DISPUTE – refers to a case involving the

control, supervision and management of the internal affairs of a
duly registered labor union such as those relating to specific
violations of the union’s constitution and by-laws.

8. INTER-UNION DISPUTE - refers to cases involving a

petition for certification election and direct certification filed by a
duly registered labor organization which is seeking to be
recognized as the sole and exclusive bargaining agent of the
rank and file employees in the appropriate bargaining unit of a
company, firm or establishment.

9. VOLUNTARY ARBITRATION – a third party settlement of a

labor dispute involving the mutual consent by the representative
of the company and the labor union involved in a labor dispute
to submit their case for arbitration.

APPENDIX 3
 

RELATED CONSTITUTIONAL AND STATUTORY PROVISIONS

I.                     RELATED CONSTITUTIONAL PROVISIONS

Sec. 18 Article II. – The State affirms labor as a prime social

economic force. It shall protect the right of workers and
promote their welfare.

Sec. 3 Article XIII – The State shall afford full protection to

labor, local and overseas, organized and unorganized, and
promote full employment and equality of employment
opportunities for all.

It shall guarantee the rights of all workers to self-

organization, collective bargaining and negotiations, and
peaceful concerted activities, including the right to strike in
accordance with law. They shall be entitled to security of tenure,
humane conditions of work and living wage. They shall
participate in policy and decision-making process affecting their
rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility

between workers and employers and the preferential use of
voluntary modes in settling disputes, including conciliation, and
shall enforce their mutual compliance therewith to foster
industrial peace.

The State shall regulate the relations between the workers

and employers, recognizing the right of labor to its just share in
the fruits of production and the right of enterprises to reasonable
return on investments, and to expansion and growth.
 

II.                PROVISIONS FROM THE LABOR CODE

Art. 211 Declaration of Policy

A.                 It is the policy of the State:

a.                   To promote and emphasize the primacy of free

collective bargaining and negotiations, including
voluntary arbitration, mediation and conciliation, as
modes of settling labor or industrial disputes;

b.                  To promote free trade unionism as an instrument

for the enhancement of democracy and the
promotion of social justice and developments;

c.                   To foster the free and voluntary organization of

a strong and united labor movement;

d.                  To promote the enlightenment of workers

concerning their rights and obligations as union
members and as employees;

e.                   To provide an adequate administrative machinery

for the expeditious settlement of labor or industrial
dispute;

 
 f.                    To ensure a stable but dynamic and just
industrial peace; and

g.                   To ensure the participation of workers in decision

and policy-making processes affecting their rights,
duties and welfare.

B. To encourage a truly democratic method of regulating the

relations between the employers and employees by means
of agreement freely entered into through collective
bargaining, no court or administrative agency or official
shall have the power to set or fix wages, rates of pay,
hours of work or other terms and conditions of
employment, except as otherwise provided under this
Code.

Art. 248. Unfair Labor Practices of Employers.

It shall be unlawful for an employer to commit any of the

following unfair labor practice:

a. To interfere with restrain or coerce employees in the

exercise of their right to self-organization;

b. To require as a condition of employment that a

person or an employee shall not join a labor
organization or shall withdraw from one to which he
belongs;

 
 c. To contract out services or functions being
performed by union members when such will
interfere with, restrain or coerce employees in the
exercise of their rights to self-organization;

d. To initiate, dominate, assist or otherwise interfere

with, restrain or coerce employees in the exercise of
their rights to self-organization;

e. To discriminate in regard to wages, hours or work

and other terms and conditions of employment in
order to encourage or discourage membership in any
labor organization. Nothing in this Code or in any
other law shall stop the parties from requiring
membership in a recognized collective bargaining
agent. Employees of an appropriate collective
bargaining unit who are not members of the
recognized collective bargaining agent may be
assessed a reasonable fee equivalent to the dues and
other fees paid by members of the recognized
collective bargaining agent, if such non-union
members accept the benefits under the collective
agreement. Provided, that the individual
authorization required under Art. 242, paragraph (o)
of this Code shall not apply to the non-members of
the recognized collective bargaining agent;

f. To dismiss, discharge, or otherwise prejudice or

discriminate against an employee for having given or
being about to give testimony under this Code;

g. To violate the duty to bargain collectively as

prescribed by this Code;

 
 h. To pay negotiation or attorney’s fees to the union or
its officers or agents as part of the settlement of any
issue in collective bargaining or any other dispute; or

i. To violate a collective bargaining agreement.

The provision of the preceding paragraph notwithstanding,

only the officers and agents of corporation, association or
partnership who have actually participated in, authorized or
ratified unfair labor practice shall be held criminally liable.

Art. 249. Unfair Labor Practices of Labor Organizations.

It shall be unlawful for a labor organization, its officers,

agents or representatives to commit any of the following unfair
labor practices:

a. To restrain or coerce employees in the exercise of

their right to self-organization: Provided, that labor
organization shall have the right to prescribe its own
rules with respect to the acquisition or retention of
membership;

b.                  To cause or attempt to cause an employer to

discriminate against an employee, including
discrimination against an employee with respect to
whom membership in such organization has been
denied to or terminate an employee on any ground
other than the usual terms and conditions under
 which membership or continuation of membership is
made available to other members;

c. To violate the duty or refuse to bargain collectively

with the employer, provided it is the representative
of the employees;

d. To cause or attempt to cause an employer to pay or

agree to pay or deliver any money or other things of
value, in the nature of an exaction, for services
which are not performed or not to be performed
including the demand for a fee for union
negotiations;

 
e. To ask for or accept negotiation or attorney’s fees
from employers as part of the settlement of any
issue in collective bargaining or any other dispute;
or

f.                    To violate a collective bargaining agreement.

The provisions of the preceding paragraph

notwithstanding, only the officers, members of
governing boards, representatives or agents or
members of labor associations or organizations who
have actually participated in, authorized or ratified
unfair labor practices shall be held criminally liable.

Art. 263. Strikes, Picketing and Lockouts

 
 a. It is the policy of the State to encourage free trade
unionism and free collective bargaining;

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 organization 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 may strike and
no employer may declare a lockout on grounds
involving inter-union and intra-union disputes;

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 Department 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 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;

d. The notice must be in accordance with such

implementing rules and regulations as the Secretary
of Labor and Employment may promulgate;

e. During the cooling-off period, it shall be the duty of

the Department 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 declare a strike.

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 a secret
ballot in meetings or referenda called for that
purpose. A decision to declare a lockout must be
approved by the majority of the board of directors
of the corporation or association or of the partners in
a partnership, obtained by a secret ballot in a
meeting called for that purpose. The decision shall
be valid for the duration of the disputes based on
substantially the same grounds considered when the
strike or lockout vote was taken. The Department
may, at its own initiative or upon the request of any
affected party, supervise the conduct of the secret
balloting. In every case, the union or employer shall
furnish the Department the results of the voting at
least seven days before the intended strike or
lockout, subject to the cooling-off period herein
provided.

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 (National

Labor Relations Commission) for compulsory

arbitration. Such assumption or certification shall
have the effect of automatically enjoining the
intended or impending strike or lockout as specified
in the assumption or certification order. If one has
already taken place at the time of assumption of
 certification, all striking or locked out employees
shall immediately return to work and the employer
shall immediately resume operations and readmit all
workers under the same terms and condition
prevailing before the strike or lockout. The
Secretary of Labor and Employment or the
Commission may seek assistance of law enforcement
agencies to ensure compliance with this provision as
well as with such order as he may issue to enforce
the same.

In line with the national concern for and the highest

respect accorded to the right of patients to life and
health, strikes and lockouts in hospitals, clinics and
similar medical institutions shall, to every extent
possible, be avoided, and all serious efforts, not only
by labor and management but government as well,
be exhausted to substantially minimize, if not
prevent, their adverse effects on such life and
health, through the exercise, however legitimate, by
labor of its right to strike and by management to
lockout. In labor disputes adversely affecting the
continued operation of such hospitals, clinics or
medical institutions, it shall be the duty of the
striking union or locking-out employer to provide and
maintain an effective skeletal workforce of medical
and other health personnel, whose movement and
services shall be unhampered and unrestricted, as
are necessary to insure the proper and adequate
protection of the life of its patients, most especially
emergency cases, for the duration of the strike or
lockout.

In such cases, therefore, the Secretary of Labor and

Employment may immediately assume, within
twenty-four (24) hours from knowledge of the
occurrence of such a strike or lockout, jurisdiction
over the same or certify it to the Commission for
compulsory arbitration. For this purpose, the
contending parties are strictly enjoined to comply
 with such orders, prohibitions and/or injunctions as
are issued by the Secretary of Labor and
Employment or the Commission, under pain of
immediate disciplinary action, including dismissal or
loss of employment status or payment by the
locking-out employer or backwages, damages and
other affirmative relief, even criminal prosecution
against either or both of them.

The foregoing notwithstanding, the President of the

Philippines shall not be precluded from determining
the industries that, in his opinion, are indispensable
to the national interest, and from intervening at any
time and assuming jurisdiction over any such labor
dispute in order to settle or terminate the same.

h. The Secretary of Labor and Employment, the

Commission or the voluntary arbitrator shall decide
or resolve the dispute, as the case may be. The
decision of the President, the Secretary of Labor and
Employment, the Commission or the voluntary
arbitrator shall be final and executory ten (10 )
calendar days after receipt thereof by the parties.

 
APPENDIX 4

GUIDELINES GOVERNING LABOR RELATIONS

In line with the program to promote industrial peace as an essential

requirement to achieve national economic and social programs, the
following guidelines shall be observed in the conduct and disposition of labor
disputes by all concerned.

Right to Strike or Lockout

1.                  The right to strike is a constitutional and legal right of the workers
as employers have the right to lockout, all within the context of labor
relations and collective bargaining. Subject to the enactment by
Congress of amendments or a new law on labor relations, the
provisions of existing laws shall govern the exercise of those rights.

Legal Requirements

2.      The exercise of the right to strike or lockout shall be subject to the
following requirements:

a.                   a strike or lockout shall be filed with the labor department at

least 15 days if the issues raised are unfair labor practice or at
least 30 days if the issue involved bargaining deadlock;

b.                  the strike or lockout shall be supported by a majority vote of

the members of the union or the members of the board of
 directors of corporations or associations or partnership, obtained
by secret ballot in a meeting called for the purpose; and

c.                   strike or lockout vote shall be reported to the labor

department at least 7 days before the intended strike or lockout.

3. 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.

4. The requirements for valid strike or lockout are mandatory in

character and non-compliance therewith is sufficient ground to declare
the strike or lockout illegal, upon filing of a proper petition and after
due hearing with the appropriate Arbitration Branch of the National
Labor Relations Commission.

Valid Grounds for Strike or Lockout

5.      The law recognizes two grounds for the valid exercise of the right to
strike or lockout, namely:

a.                   unfair labor practice

b.                  bargaining deadlock

6.      In order to be valid, the notice of strike or lockout on grounds of

unfair labor practice, shall state the specific acts complained of. In
 case of bargaining deadlock, the notice must specify the unresolved
issues and must show proof that the parties have exhausted all efforts
to resolve the deadlock.

7.      If on the face of the notice, the issues raised are non-strikeable, the
Regional Office shall dismiss motu-proprio the notice without prejudice
to conciliation upon request of either or both parties.

CONCILIATION

8.      Upon receipt of a valid notice of strike or lockout, it shall be the duty
of labor conciliators to call the parties to a conference immediately
within a period not exceeding 48 hours. Notices of conference to the
parties shall be done through the fastest available means of
communication such as telephones and telegrams.

9.      During the initial conference, it shall be the duty of the conciliator to
see to it that the issues raised in the notice are properly identified.

If the issue involves alleged unfair labor practice, the conciliator should
clarify with the parties the specific acts of unfair labor practice. If the
acts complained of involved dismissal of duly elected union officers
which may constitute union busting and where the existence of the
union is threatened, the

conciliator shall conduct marathon conferences and exert efforts to help the parties
settle the issue.

10.              If the unfair labor practice acts complained of involves alleged

violation of CBA and questions of interpretations or implementation of
the agreement, the Conciliator shall encourage the parties to respect
the provisions of the collective bargaining agreement and to avail of
the established grievance machinery including voluntary arbitration. If
 the parties decide to designate the conciliator as voluntary arbitrator,
his or her acceptance of such designation shall be subject to
Department Order No. 10, Series of 1987.

11.              In cases of bargaining deadlocks, the conciliator shall conduct

marathon or series of conferences to enable the parties to reach an
agreement before the expiration of the 30-day cooling-off period.

12.              If the issues involves alleged violation of labor standards, the

conciliator shall immediately assign a labor inspector to act on the
reported violation and to submit a report of his findings within 24
hours, copy furnished the conciliator concerned. The labor inspector
and the Regional director shall effect immediate compliance by the
employer with the labor standards violated.

13.              If the issue involves inter-union disputes, the conciliator shall exert
all efforts to enable the parties to settle the issue either through
voluntary recognition or consent election. Otherwise, the conciliator
shall immediately inform the Regional Director or BLRC Director as the
case may be, in order that a Med-Arbiter can be directed to resolve the
case within a period of five (5) days.

14. It shall be the duty of the Conciliator to record in the minutes every
point of agreement as well as the unresolved issues. Referrals of
representation cases and labor standards violations including those
that are grievable under the CBA, shall be duly noted in the minutes of
the conference. The conciliator shall actively monitor the progress and
developments on these cases with concerned labor officials.

PICKETING

During strikes, workers enjoy the right to peaceful picketing which is the
marching to and fro before the premises of an establishment involved in a
labor dispute, generally accompanied by the carrying and display of signs,
placards or banners with statements relating to the dispute.

15.              The right to peaceful picketing shall be exercised by the workers

with due respect for the rights of others. No person engaged in
picketing shall commit any act of violence, coercion or intimidation.
Stationary picket, the use of means like placing of objects to constitute
permanent blockade or to effectively close points of entry or exit in
company premises are prohibited by law.

INJUNCTIONS

16.              No court or entity shall enjoin any picketing, strike or lockout

except as provided in Article 218 and 263 of the Labor Code, as
amended. The National Labor Relations Commission proper shall have
the power to issue temporary injunctions but only after due notice
and hearing and in accordance with its rules. It may also issue
restraining orders to appropriate cases subject as a general rule to
the requirements of due notice and hearing.

17.              Petitions for injunctions or restraining orders shall be handled or

resolved with extreme care and caution. All efforts to conciliate or
settle amicably the issues in the main dispute and those involved in
petitions for injunctions shall be exhausted. Injunctions and
restraining orders therefore may be issued only in case of extreme
necessity based on legal grounds clearly established, after due
consultations or hearing and when all efforts at conciliation are
exhausted.

19. Injunction orders shall be enforced only to the extent necessary to

correct violations of law and shall not prevent the workers from
exercising the right to peaceful picketing. The right to ingress or
egress may be exercised only for lawful purposes as may be indicated
in the injunctive orders in line with established jurisprudence.
 

20.              Injunction orders issued under Article 218 and 263 of the Labor
Code, as amended, shall be served and enforced by appropriate
officials or employees of the National Labor Relations Commission or
by such officials or employees of the Department of Labor and
Employment who may be designed by the labor secretary.

21.              The assistance of other civilian authorities like national, local or city
officials may be sought, if necessary. Only under extreme
circumstances shall the assistance of the PC/INP be enlisted and in
such cases, the police authorities shall also serve on a supportive
capacity to the labor department officials or employees. All efforts
must be exerted in all cases to bring about voluntary and peaceful
compliance with injunctive orders. PC/INP representatives shall be
guided by duly promulgated guidelines.

RETURN TO WORK ORDERS

22.              The power to issue assumption and certification orders is an

extraordinary authority granted to the President or the Secretary of
Labor, the exercise of which shall be strictly limited to the national
interest cases.

23.              The issuance of assumption or certification orders automatically

enjoins the intended or impending strike or lockout and if one has
already taken place, all striking or locked out employees shall
immediately return to work and the employer shall immediately
resume operations and re-admit all workers under the same terms and
conditions prevailing before the strike or lockout. Assumption and
certification orders are executory in character and shall be strictly
complied with by the parties even during the pendency of any petition
questioning their validity.

 
24. In case of non-compliance with return-to-work-orders, in connection
with the certification and assumption of jurisdiction by the Secretary of
Labor, the party concerned maybe subjected to the sanctions provided
by law. Employers who refuse to re-admit returning workers may be
liable, upon filing of proper petition, for the payment of wages and
other benefits from the date of actual refusal until the workers are re-
admitted.

REMEDIES

25.              A strike or lockout maybe declared illegal if any of the

requirements for a valid strike or lockout is not complied with or if
declared based on non-strikeable issues, or when the issues involved
are already the subject of arbitration. During a strike or lockout,
either of the parties are additionally prohibited from committing illegal
acts.

26.              The employer or the union may file the proper petition to the
appropriate Arbitration Branch of the NLRC to seek a declaration of the
illegality of the strike or lockout subject to the provision of Article 263
(g). It shall be the duty of the Labor Arbiter concerned to act on the
case immediately and dispose of the same subject only to the
requirements of due process.

27.              If a strike is declared to be illegal, the employer may be authorized

to terminate the employment of union officials who knowingly
participate in the illegal strike and any worker or union officer who
knowingly participates in the commission of illegal acts during the
strike or lockout.

28.              In case of an illegal lockout, any worker whose employment has

been terminated as a consequence thereof, shall be reinstated with
payment of full backwages and other benefits.
 

DEPARTMENT ORDER NO. 7

29.              Employers, workers and concerned labor department officials are

enjoined to faithfully observe the principles contained in Department
Order No. 7 issued on 7 May 1987 which were based on the
agreement reached during the National Tripartite Conference held on
April 10-11, 1987 in Tagaytay City.

19 October 1987.

(Sgd.) FRANKLIN M. DRILON

Secretary of Labor and Employment

 
APPENDIX 5

Republic of the Philippines

DEPARTMENT OF LABOR AND NATIONAL POLICE

EMPLOYMENT COMMISSION

GUIDELINES IN THE CONDUCT OF PNP PERSONNEL, PRIVATE SECURITY

GUARDS AND COMPANY GUARD FORCES DURING STRIKES, LOCKOUTS AND
LABOR DISPUTES IN GENERAL

In order to promote public interest and safety, industrial peace and

stability, and peace and order, the following guidelines are hereby prescribed
to govern the official conduct of all members of the PHILIPPINE NATIONAL
POLICE (PNP) during strikes, lockout and labor disputes in general:

GENERAL POLICY

1. It is the essence of these guidelines that labor disputes are

within the sole jurisdiction of the Department of Labor and Employment
(DOLE) and/or through its appropriate agencies while matters involving
peace and order, are under the exclusive jurisdiction of the National Police
Commission (NAPOLCOM) through the Philippine National Police (PNP); but
as labor disputes involving strikes and lockouts have peace and order
implications, close coordination between the two departments is necessary.
  

2. The involvement of the PNP during strikes, lockouts and labor

disputes in general shall be limited to the maintenance of peace and order,
enforcement of laws and legal orders of duly constituted authorities.

3.                  Any request for police assistance issued by duly constituted

authorities shall specify the acts to be performed or conducted by PNP
personnel.

4.                  Whenever the assistance of the PNP is necessary, elements of

the local police force should be called upon to render assistance. Such
request for assistance shall be addressed to the Regional Director, National
Capital Regional Command (NCRC), or the City Director in the case of cities,
or the Provincial Director in the case of provinces or cities not under the City
Police Command. Unless directed by the President or personally by the
Chairman of the National Police Commission upon consultation with the
Secretary of Labor and Employment or when requested by the latter,
personnel from the Armed Forces of the Philippines shall not intervene nor
be utilized in any labor dispute.

5.                  Insofar as practicable, no officer of the law shall be allowed

to render services in connection with a strike or lockout if there is question
or complaint as regards his relationship by affinity or consanguinity to any
official/leader of the parties in the controversy or if he has financial or
pecuniary interest therein.

6. A peace keeping detail shall be established in a strike or lockout

area when requested by DOLE or as the Regional Director, National Capital
Regional Command, City Police Command/Provincial Director may deem
necessary for the purpose of maintaining peace and order in the area.

 
 7. Personnel detailed as peace keeping force in a strike or lockout
areas shall be in uniform, with proper nameplate at all times. They shall
exercise maximum tolerance and shall observe courtesy and strict neutrality
in their dealings with both parties to the controversy bearing in mind that
the parties to the labor dispute are not their adversaries but their partners in
the quest for industrial peace and human dignity. As much as possible, they
shall not inflict any physical harm upon strikers and/or picketers or any
person involved in the strike/lockout. When called for by the situation or
when all other peaceful and non-violent means have been exhausted, law
enforcers may employ, as a last resort only such force as may be necessary
and reasonable to prevent or repel an aggression.

PEACE KEEPING DETAILS

8. The peace keeping detail shall not be stationed in the picket (or
confrontation line) but should be stationed such that their presence may
deter the commission of criminal acts or any untoward incident from either
side. The members of the peace keeping detail shall stay outside a 50 meter
radius from the picket line, except, if the 50 meter radius includes a public
thoroughfare, they may station themselves in such public thoroughfare for
the purpose of insuring the free flow of traffic.

ARRESTS/SEARCHES AND SEIZURES

9. Arrests and searches in strike/lockout areas shall be effected

only on the basis of an existing and valid Warrant of Arrest/Search and
Seizure or in accordance with Section 5, Rule 113 of the Rules of Court.
Whenever possible, union representatives (for laborers/workers) or
management representatives (for management personnel) shall be
requested to facilitate the service of the Warrant of Arrest/ Search and
Seizure Order.

 
 10. Any person who, during the strike/lockout, violates any law,
statute, ordinance or any provision of Batas Pambansa Blg. 880 or the Public
Assembly Act may be arrested and charged accordingly in court.

11. Any person who obstructs the free and lawful ingress to and
egress from the employer’s premises in contemplation of Article 264, par.
(e) of the Labor Code, as amended, or who obstructs public thoroughfares
may be arrested and accordingly charged in court.

12. The DOLE shall immediately be informed by the PNP unit

concerned in cases of violence in the picket line. When arrests are made
pursuant to a warrant issued by competent authorities, the arresting
officers shall coordinate with the Leaders/ Representatives of the union and
management, as the case may be, and also inform them of the arrest and
the reason thereof.

SERVICE OF DOLE, COURT OR LAWFUL ORDERS/WRITS

13.              The service of DOLE, court or lawful order/writs is the

primary concern of the DOLE representative, sheriff, representative of the
government agency issuing the order respectively. Before service of the
Order, the DOLE representative, sheriff or representative of the agency
issuing the order shall coordinate and dialogue with the leaders of the
striking group and the representatives of management and shall inform
them of the nature and content of the Order to be enforced including
possible consequences of any defiance thereto. Whenever necessary,
coordination with the local government units shall be made by the DOLE
and the other concerned agencies issuing the Order to facilitate the service
of Order and to prevent unnecessary intervention.

 
 14. Orders enjoining any picketing, strike, or lockout are
enforceable strictly in accordance with Articles 218 and 263 of the Labor
Code, as amended.

15.  Any person who is not a laborer/worker of the company/ business

establishment on strike but has joined the striking laborers/workers in their
picket or strike, shall be treated by the law enforcers in the same manner as
the strikers/picketers. If such person’s presence in the strike area obstructs
the peaceful picketing, the law enforcers shall compel him to leave the area.
The conduct of rallies and marches on issues not relation to the labor dispute
shall be dealt with in accordance with the provisions of Batas Pambansa 880.

ADMINISTRATIVE JURISDICTION

16. Except as provided in these guidelines the matter of determining

whether a strike, picket or lockout is legal or not should be left to DOLE and
its appropriate agencies. PNP elements are enjoined from interfering in a
strike, picket or lockout, except as herein provided, for the sole reason that
is illegal.

17. Picketing as part of the freedom of expression during the strikes

shall be respected provided it is peaceful. Shanties and structures set-up to
effectively block lawful ingress to and egress from company premises for
legal purposes and the free passage in public thoroughfares shall be
summarily demolished in accordance with Article 694 of the Civil Code of the
Philippines.

18. No personal escort shall be provided to any of the parties to the

controversy unless so directed by the competent authority. Whenever
escorts are to be provided to any, the other party shall be informed
accordingly. All escorts shall be in uniform at all times.

 
 SOCIALIZING

19. During the pendency of a strike/lockout, the police and the

military personnel concerned are discouraged from socializing with any of
the parties involved in the controversy. These personnel shall not, under
any pretext, accept an invitation from management personnel or union
officials/personnel involved in the controversy.

LIAISON

20. Liaison shall be established and maintained with the

representatives of DOLE, management and the union in the strike/lockout
are for the purpose of maintaining peace and order as well as to maintain a
continuing peaceful dialogue between the parties to the strike/lockout. If
possible, a monthly meeting between the representatives of the PNP,
NAPOLCOM and the DOLE concerned sectors shall be conducted to assess
and monitor compliance with and implementation of the guidelines.

ADMINISTRATIVE ACTION

21.              All complaints/reports leveled against any personnel of the

PNP on the occasion of strike/lockout shall be possessed and resolved in
accordance with the PNP Administrative Disciplinary Machinery pursuant to
Chapter III, paragraph (c) of Republic Act 6975. For DOLE personnel, the
complaints shall be processed in accordance with the DOLE Manual on the
Disposition of Administrative Cases. Whenever applicable, and if the
evidence so warrants, appropriate disciplinary action shall be taken against
the erring personnel.

 
 ROLE OF SECURITY GUARDS

22.              Conduct of security guards during strikes and lockouts shall

be in accordance with Rule 18 of the Implementing Rules of Republic Act
5487.

EFFECTIVITY

23. These guidelines shall take effect immediately.

Manila, 1996

FOR THE DEPARTMENT OF LABOR FOR THE NATIONAL

AND EMPLOYMENT POLICE COMMISSION

(SGD.) LEONARDO A. QUISUMBING (SGD.) ROBERT Z. BARBERS

Secretary Chairman

WITNESSES:

(SGD.) ROSALINDA D. BALDOZ (SGD.) RECAREDO SARMIENTO II

 Acting Executive Director IV Director General

National Conciliation and Philippine National Police

   Mediation Board

 
 
REFERENCES

Executive Order No. 11