Strikes and

Lockouts
BY: DIANNE MARIE A. ISIDOR
Strike
- Any temporary stoppage of work by the concerted action of employees as a result of an
industrial dispute or labor dispute (IRR, Book V, Rule 1, Sec. 1).
Lockout
- the temporary refusal of an employer to furnish work as a result of and industrial or labor
dispute [Art. 219 (p)].

 What is a labor dispute?

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.
[Par. (l), Art. 219]
 A constitutional and legal right:
(Par. 2, Sec. 3,Article XIII of the Constitution)
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.xx
 Purpose:
It is a coercive measure resorted by the laborers to enforce their
demands.
Different forms of Strike
 LEGAL STRIKE
 ILLEGAL STRIKE
 ECONOMIC STRIKE
 ULP STRIKE
 SLOW DOWN STRIKE
 WILD-CAT STRIKE
 SIT DOWN STRIKE
Six Factors Affecting the Legality of Strike
1. Statutory Prohibition;
2. Purpose/Grounds;;
3. Procedural Requirements;
4. Means and Methods;
5. Injunction;”National Interest” Disputes;
6. Agreement of the Parties.
1ST: STATUTORY PROHIBITION
Strike in the Government Service

Employees of GOCCS organized under the Possess and enjoy the rights to self-organization
Corporation Code (without original charters) and to strike just like any employees in the
and are, therefore, covered by the Labor Code. private sector.

Employees of the government and its political Possess and enjoy only the right to self-
subdivisions or instrumentalities, including organization but not the right to strike.
GOCCs (with original charters) and are
therefore, covered by the Civil Service Law,
rules and regulations.
Jacinto vs CA (GR 124540, Nov. 14, 1997)

➢ As regards the right to strike, the Constitution itself qualifies its exercise with the proviso "in
accordance with law." This is a clear manifestation that the state may, by law, regulate the use of this
right, or even deny certain sectors such right. Executive Order 180 which provides guidelines for the
exercise of the right of government workers to organize, for instance, implicitly endorsed an earlier CSC
circular which "enjoins under pain of administrative sanctions, all government officers and employees
from staging strikes, demonstrations, mass leaves, walkouts and other forms of mass action which will
result in temporary stoppage or disruption of public service," by stating that the Civil Service law and
rules governing concerted activities and strikes in the government service shall be observed.

Alliance of Government Workers vs. Minister of Labor and Employment (124 SCRA 1, August 3,
1983)

➢ The general rule in the past and up to the present is that the "terms and conditions of employment in
the Government, including any political subdivision or instrumentality thereof are governed by law." . . .
Since the terms and conditions of government employment are fixed by law, government workers
cannot use the same weapons employed by the workers in the private sector to secure concessions
from their employers.
 2nd: PURPOSE OR GROUND
Grounds for declaring a strike/lockout:
 Collective Bargaining Deadlock (Economic/Bargaining)
- It is intended to force wage and other concessions from the employer, which he is not required by law to grant.
 ULP act (Political /ULP)
- It is held against the unfair labor practices of the employer, usually for the purpose of making him desist from
further committing them.
- Employer’s acts of ULP (Art. 259 of the LC)
- Gross violation of the CBA (Art. 274 of the LC)
- Union Busting (Art. 278 of the LC)

DOLE Guidelines Governing Labor Relations, October 19,1987

-Inter-union and intra-union disputes and violation of labor standards laws are not valid grounds for strike or lockout.

✓ Inter-union and intra-union >>>> Med-arbitration procedures

✓ Violation of Labor Standards >>>> Labor enforcement
CONVERSION DOCTRINE
➢ In some cases, a strike or lockout may start as an economic strike or lockout but later on, because of
the actuations of the parties, the same may be converted to an unfair labor practice strike or lockout
or vice versa.
➢ The converted strike or lockout shall be subject to the legal requirements appropriate for such
ground.

Illustrative case:

➢ Consolidated Labor Association of the Philippines vs Marsman and Co.

- Initially, the strike staged by the union was meant to compel the company to grant it certain economic benefits
set forth in its proposal for collective bargaining.

▪ Economic strike >>> The striking employees would have a right to be reinstated if, in the interim, the employer
had not hired other permanent workers to replace them.

- But later, the strike changed its characters from the time the company refused to reinstate the strikers because of
their union activities after it had offered to admit all the strikers and in fact did readmit the others.

▪ ULP Strike >>> Strikers may lawfully demand reinstatement.

Who may declare a strike?
• Any certified or duly recognized bargaining representative in cases of
bargaining deadlocks and ULP;

• In the absence thereof, any LLO in the establishment but only on

grounds of ULP.

Who may declare a lockout?

• The employer may declare a lockout in the same cases.
(IRR as amended by D.O. 40-03, Book V, Rule XXII, Sec. 6)
3rd: Procedural Requirements for Strike or Lockout
1st requirement: Filing a Notice of Strike or Lockout;
✓ Where: Regional branch of the NCMB-DOLE

✓ Period to file:
a. ULP – At least 15 days before the intended strike or lockout
b. Bargaining deadlock – At least 30 days before the intended date thereof.

✓ Who:
In establishments with certified bargaining agent – Any certified or duly recognized
bargaining representative in cases of ULP.
For bargaining deadlock : Only the bargaining union
In establishments with no certified bargaining agent – Any LLO but only on grounds of
ULP.
 Action taken by the NCMB
Contents of Notice of Strike
1. Name and addresses of employer UPON RECEIPT:
2. Union involved a)Shall exert efforts at UPON AGREEMENT OF
3. Nature of the industry to which the mediation and THE PARTIES:
employer belongs conciliation
4. Number of union members Treat a notice as a
b)Shall also encourage preventive mediation
5. Workers in the bargaining unit the parties to submit the
6. Other relevant dates case.
dispute to voluntary
7. In case of bargaining deadlock: arbitration
- Unresolved issues, written proposals of
the union, counter-proposals of the employer
and proof of request to settle differences DURING THE
NON-STRIKABLE ISSUE:
8. In case of ULP: PROCEEDINGS:
- The acts complained of and the efforts Shall dismiss motu proprio
Parties shall not do any the notice without
taken to resolve the dispute act which may disrupt or prejudice to further
impede the early conciliation
*The NCMB shall inform the concerned party in case settlement of the dispute.
notice does not conform to the requirements.

Legal implication of NON-COMPLIANCE:

▪ Any notice that does not conform with the Preventive Mediation Case
foregoing requirements shall be deemed as not • Sought by either or both parties or upon the initiative of
having been filed. the NCMB
• Should safeguard confidentiality.
2nd requirement: Strike or Lockout Vote
➢ Strike vote
- Must be approved by a majority vote of the total union membership in the bargaining unit
concerned, obtained by secret ballot in a meeting called for that purpose.
➢ Lockout Vote
- Must be approved by a majority vote of the members of the Board of Directors of the Corporation
or Association.
▪ Participation of the NCMB in the taking of the strike/lockout vote:
✓ In its own initiative; or
✓ Upon request of any affected party.
- Must give notice at least 24 hours prior to the conduct of the voting to give the NCMB sufficient
time to decide if it will supervise the voting and in the event it does, to prepare.

➢ Submission of Strike or Lockout Vote Report

- At least 7 days before the intended strike or lockout, subject to the cooling-off period.
3rd requirement: Cooling-Off Period
Purpose: To afford the parties the opportunity to amicably resolve the dispute with the assistance of
the NCMB Conciliator/Mediator.

a) In cases of Collective Bargaining Deadlock – 30 days

b) In cases of ULP – 15 days

XPN to the observance of the cooling-off period: In cases of UNION BUSTING (a form of ULP)

Elements:

1) A dismissal from employment of union officers duly elected in accordance with the union’s
constitution and by-laws; and
2) The existence of the union is threatened by such dismissal.

➢ The union may completely disregard the 15-day cooling-off period but the requirement on the 7-
day waiting or strike ban, together with the other requirements.

Start of Cooling-off Period: From the time the notice of strike or lockout is filed with the NCMB.
 4th requirement: Observance of the 7-day waiting period or Strike Ban

 Purpose: To give the DOLE an opportunity to verify whether the projected strike really carries the approval
of the majority of the union members in addition to the cooling-off period before the actual strike.
 Reckoning period: From the time the strike vote report is submitted to the NCMB.
▪ NFSW vs Ovejera G.R. No. L-59743 May 31, 1982

“ It must be stressed that the requirements of cooling-off period and 7-day strike ban must both be
complied with, although the labor union may take a strike vote and report the same within the statutory
cooling-off period.”
 Effect on reckoning of 7-day waiting period if strike vote is taken and reported within the cooling period.
- It should be counted not from the date of submission of the report but from the day following the expiration
of the cooling-off period.
4th: Means and Methods
PICKETING (Right to Picket)

➢ is a concerted activity of workers consisting in peacefully marching to and from before an

establishment involved in a labor dispute generally accompanied by the carrying and displaying of
signs, placards and banners intended to inform the public about the dispute.

➢ it is part of the right guaranteed under the law “to engage in concerted activities for purposes of
collective bargaining or for their mutual benefit and protection”.

➢ It is also duly guaranteed under the freedom of speech principle in the Constitution.

➢ The procedural but mandatory requisites that must be complied with before a valid strike may be
staged are not applicable to picketing.
 As to Striking Workers:
Article 279:
a) No labor organization or employer shall declare a strike or lockout without first having
bargained collectively in accordance with Title VII of this Book or without first having filed
the notice required in the preceding Article or without the necessary strike or lockout vote
first having been obtained and reported to the Ministry.
No strike or lockout shall be declared after assumption of jurisdiction by the President or the
Minister or after certification or submission of the dispute to compulsory or voluntary arbitration
or during the pendency of cases involving the same grounds for the strike or lockout.

“No person engaged in picketing shall:

1) commit any act of violence, coercion or intimidation, or
2) obstruct the free ingress to or egress from the employer’s premises for lawful purposes, or
3) obstruct public thoroughfares.”
- The use of violence or threat to pursue labor rights is punishable under the RPC, Article 289.
 OTHER PROHIBITED ACTIVITIES
Art. 279
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.

c) No employer shall use or employ any strike-breaker, nor shall any person be employed as
strike-breaker.

Strike-breaker may refer to any of the following:

1) A person who continues to work during a strike or refuses to join a strike;
2) A union member who refuses to strike or who returns to work before a strike is ended or settled;
3) A non-employee who is brought into the unionized facility to replace, temporarily or permanently, a
union member who chose to go on strike;
4) A person who obstructs, impedes, or interferes by force, violence, coercion, threats or intimidation,
any peaceful picketing.
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 officer
from taking any measure necessary to maintain peace and order, protect life and property,
and/or enforce the law and legal order.

Primer on Strikes and Lockouts

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.
CONSEQUENCES OF CONCERTED ACTIONS
Prohibition on Injunction Against Strikes and Lockouts
Article 266 [254]. Injunction prohibited. No temporary or permanent injunction or restraining order
in any case involving or growing out of labor disputes shall be issued by any court or other entity,
except as otherwise provided in Articles 225 [218] and 279 [264] of this Code.

San Miguel Corporation vs NLRC June 10,2003

➢ SC ruled that injunction may be issued not only against the commission of illegal acts in the course
of the strike but against the strike itself.
In this case, the notice of strike filed by the union has been converted into a preventive mediation case. Having
been so converted, a strike can no longer be staged based on said notice.
However, the NCMB which effected the conversion has, under the law, no coercive powers of injunction.
Consequently, petitioner company sought recourse from the NLRC.
NLRC >>> issued a TRO only for the ingress to and egress from petitioner’s plants but not the conduct of the unlawful
strike itself.
SC: Art. 279 of the Labor Code explicitly states that a declaration of strike without first having filed the required notice
is a prohibited activity, which may be prevented through an injunction in accordance with Article 266 of the same
code.
Regular Courts are prohibited from issuing injunction against strikes or
lockout.
Sec. 14,RULE XXII(Rules to implement the Labor Code)
“The Commission shall have the power to issue temporary injunctions in such cases but only after due
notice and hearing and in accordance with its rules. The reception of evidence for the application of
a writ of injunction may be delegated by the Commission to any Labor Arbiter who shall submit his
recommendations to the Commission for its consideration and resolution.

Any ex parte restraining order issued by the Commission, or its Chairman or Vice-Chairman when the
Commission is not in session and as prescribed by its rules, shall be valid for a period not exceeding 20
days.”

Innocent Bystander Rule

- Under this rule, the third-party employers or innocent bystanders who have no employer-employee
relationship with the picketing strikers, may apply for injunction with the REGULAR COURTS to enjoin the
conduct of the picket. Because of the absence of the employer-employee relationship, the NLRC
cannot entertain such application for injunction from “innocent bystanders”.
Liability for participation in legal strike
 The declaration or actual conduct of a strike does not result in the
severance of the employment relationship nor renunciation thereof. The
employment relationship is merely suspended during the period of work
stoppage.

 An employee who participates in a lawful 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.
 Liability for participation in illegal strike
Article 279
“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.”
Union officer/s

➢ Otherwise stated, the services of a participating union officer may be terminated not only when he actually
commits an illegal act during a strike, but also if he KNOWINGLY PARTICIPATES in the conduct and staging of an
illegal strike.

Ordinary union members

➢ for a union member to suffer the consequence of loss of employment, it must be shown by substantial evidence
that he has KNOWINGLY PARTICIPATED in the commission of illegal acts during the strike.

Who dismisses the illegal strikers?

The law, in using the word may, grants the employer the option of declaring a union officer who participated in an
illegal strike as having lost his employment (Gold City Integrated Port vs NLRC, July 6,1995).
Employer’s right to hire replacements during strike
ECONOMIC STRIKE
Consolidated Labor Association vs Marsman and Co. (July 31, 1964)
➢ “For it is recognized that during the pendency of an economic strike an employer may take
steps to continue and protect his business by supplying places left vacant by the strikers, and is
not bound to discharge those hired for that purpose upon election of the strikers to resume their
employment.”

ULP STRIKE
Insular Life Assurance Employees Association vs Insular Life Assurance Co. (January 30,1971)
➢ While replacements may also be hired by the employer to take the places left vacant by
employees engaged in an unfair labor practice strike, such replacements are not permanent
and the employer is under a duty to dismiss them as soon as the strikers request reinstatement to
their previous position.
BACKWAGES
 General rule: “No work,no pay”.
❑ Economic strike – Strikers are not entitled to backwages.
❑ Unfair Labor Practice Strike
1. Those who were discriminatorily dismissed for union activities
- They receive backpay from the date of the act of discrimination, that is, from the day of their illegal
discharge. (the law on dismissal applies)
2. Those who voluntarily went on strike even if it is in protest of an unfair labor practice
- They are not entitled to backwages. The stoppage of their work was not the direct consequence of
the company’s unfair labor practice. Hence, their economic loss should not be shifted to the
employer.
Consequences of illegality of lockout
3rd paragraph,Art. 279(a)
“Any worker whose employment has been terminated as a consequence of any unlawful
lockout shall be entitled to reinstatement with full backwages.”

Effect when both parties have acted in pari delicto.

➢ Employer is guilty of illegal lockout and the union is culpable for illegal strike, the dismissal of
the employees is unwarranted and their reinstatement should be ordered as a matter of
course.
➢ They should be restored to their respective positions prior to the illegal strike and illegal
lockout.
5th: Injunction; “National Interest” Disputes
Legal basis: ARTICLE 278 (g),(h), and (i)

Assumption of Jurisdiction – It is in the nature of a POLICE POWER MEASURE.

When in the opinion of the DOLE Secretary, the labor dispute causes or will likely to cause a
strike or lockout in an industry indispensable to the national interest, he is empowered to do
either 2 things:

1. He may assume jurisdiction over the labor dispute and decide it himself; or

2. He may certify it to the NLRC for compulsory arbitration, in which case, it will be the NLRC which
shall hear and decide it.

Provided, that any of the following conditions is present:

1) Both parties have requested the SOLE to assume jurisdiction over the labor dispute;
2) After a conference called by the office of the SOLE on the propriety of its issuance, motu proprio or
upon a request or petition by either parties to the labor dispute.
Industries Indispensable to the National Interest
➢ The determination thereof is left to the discretion of the DOLE Secretary.

Section 16. Industries Indispensable to the National Interest

a) Hospital sector;
b) Electric power industry;
c) Water supply services, to exclude small water supply services such as bottling and refilling stations;
d) Air traffic control; and
e) Such other industries as may be recommended by the National Tripartite Industrial Peace Council (TIPC).

➢ The above enumeration is not exclusive as other companies or firms or industries may be considered indispensable to
the national interest based on the appreciation and discretion of the DOLE Secretary, or as may be recommended
by TIPC, or because they have already been judicially adjudged as being indispensable to the national interest.

RA 8791 (The General Banking Law of 2000)

Section 22. Strikes and Lockouts. - The banking industry is hereby declared as indispensable to the national interest and,
notwithstanding the provisions of any law to the contrary, any strike or lockout involving banks, if unsettled after seven (7)
calendar days shall be reported by the Bangko Sentral to the secretary of Labor who may assume jurisdiction over the
dispute or decide it or certify the sane to the National Labor Relations Commission for compulsory arbitration. However,
the President of the Philippines may at any time intervene and assume jurisdiction over such labor dispute in order to
settle or terminate the same.
Art. 278 (g) grants extraordinary and preemptive
power
 Not limited to the grounds cited in the notice of strike or lockout.
 It gives the SOLE the full authority to resolve all matters arising from or related to the
dispute, including cases over which the NLRC’s labor arbiter has exclusive jurisdiction.

Prior notice and hearing, not required.

Capitol Medical Center, Inc. vs Trajano, June 30,2005
“In Magnolia Poultry Employees Union vs. Sanchez, we held that the discretion to assume
jurisdiction may be exercised by the Secretary of Labor and Employment without the
necessity of prior notice or hearing given to any of the parties. The rationale for his primary
assumption of jurisdiction can justifiably rest on his own consideration of the exigency of the
situation in relation to the national interests.”
Effect on strike or lockout
On intended or impending strike or lockout
➢ It is automatically enjoined, notwithstanding the filing of any motion for reconsideration of the
assumption/certification order or the non-resolution of any such motion which may have been
duly submitted to the Office of the DOLE Secretary.
On actual strike or lockout
➢ 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 conditions
prevailing before the strike or lockout.
On cases already filed or may be filed
➢ All cases between the same parties, except where the assumption/ certification order specifies
otherwise, including the issues submitted for arbitration which are already filed or may be filed
and are relevant to or are proper incidents of the certified case, are considered subsumed or
absorbed by the assumed or certified case.
On other pending cases
➢ The parties to an assumed/ certified case under pain of contempt, are required to inform their
counsels and the SOLE/NLRC Division concerned, as the case may be, of all pending cases that
are related or incident to the assumed/certified case before it.
Certification of Labor Dispute to NLRC for Compulsory
Arbitration
 NLRC cannot amend SOLE’s order.
- It is not taking the role of a judicial court but as an administrative body
charged with the duty to implement the order of the SOLE.

- Having been certified to it, it becomes the proper forum for the full and
complete settlement or adjudication of all labor disputes between the
parties , as well as issues that are relevant to or incidents of the certified
case.
Return-to-work order
 Assumption or certification over a labor dispute always co-exists with an order for
workers to return to work immediately and for employers to readmit all of them under
the same terms and conditions prevailing before the strike or lockout.
Instances when return-to-work order is issued SEPARATELY from assumption/certification
order:
1) No strike/lockout has yet been conducted;
2) A separate return-to-work order is necessary in order to emphasize the need for the
strikers to lift their pickets and return immediately to work;
3) When another return-to-work order is issued in the light of the defiance by the strikers
of the first return-to-work order.
Nature: “A return-to-work order is interlocutory in nature, and is merely meant to maintain
status quo while the main issue is being threshed out in the proper forum(Manggagawa
ng Komunikasyon sa Pilpinas vs PLDT Company Inc.,April 19,2017 ).
- It is immediately executory.
GENERAL RULE: Actual Reinstatement
Art. 278 (g)
“ 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 conditions prevailing before the strike or lockout.”

XPN: Payroll Readmission

➢ There must be a showing of special circumstances rendering actual
reinstatement impracticable or otherwise not conducive to attaining the
purpose of the law (Manila Diamond Hotel Employees’ Union vs CA, Dec.
16,2004).
Strikes and lockouts in hospitals, clinics and similar
medical institutions
Par. 2 of Article 278(g)
“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.”

Requirement for Minimum Operational Service

To operationalize this, it is mandated that:
a) The striking union or employer involved in the lockout is obliged to maintain an effective skeletal
force during the strike or lockout. The movement of the skeletal force shall be unhampered and
unrestricted.
b) The striking union or employer involved in the lockout shall ensure proper and adequate protection
of the life and health of patients particularly in emergency cases.
MOTU PROPRIO POWER OF DOLE
SECRETARY
 Article 278 (g)
“ 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.”
Effect:
”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 of backwages, damages
and other affirmative relief, even criminal prosecution against either or both of them.”
Power of the President Over National Interest Cases
 Article 279 (g)
Notwithstanding the power granted to the SOLE (assumption/certifying to the NLRC), the
President of the Philippines shall not be precluded from doing any of the following:
1) To determine the industries that, in his opinion, are indispensable to the national interest; or
2) To intervene at any time and assume jurisdiction over any such labor dispute in order to
settle or terminate the same.

In the alternative, the President may create a body to discharge his mandate under the law.
FASAP vs PAL
➢ Former President Estrada intervened by issuing Administrative Order No. 16 creating an Inter-
Agency Task Force to aid PAL and its employees in solving the problem.
Voluntary Arbitration
 Article 278 (h)
“Before or at any stage of the compulsory arbitration process, the parties
may opt to submit their dispute to voluntary arbitration.”

➢ Constitutional principle: Giving the highest preference to the use of

voluntary modes to settle labor disputes.
Decision on the assumed labor dispute
 Sec. 18, Department Order No. 40-H-13
- Within 5 days from the issuance of the assumption or certification order, a preliminary
conference or hearing shall immediately conducted by the Office of the SOLE, the NLRC or
the voluntary arbitrator or panel of voluntary arbitrators as the case may be.

➢ Decision of the SOLE, the NLRC or the voluntary arbitrator or panel of voluntary arbitrators
- Shall be rendered within 30 calendar days from submission of the case for resolution.
➢ Final and executory
Article 278 (i)
“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.”
Art. 280 Improved Offer Balloting
Action of the DOLE (Regional branch of the NCMB)
➢ Shall at its own initiative or upon the request of any affected party, conduct a referendum
by secret balloting on the:
1. Improved offer of the employer(in case of a strike); or
2. reduced offer of the union (in case of a lockout).
When: On or before the 30th day of strike or lockout.

➢ When at least a majority of the board of directors or trustees or the partners holding the
controlling interest in the case of a partnership vote to accept the reduced offer or when
at least a majority of the union members vote to accept the improved offer the striking
workers:
1. the striking workers shall immediately return to work;and
2. the employer shall thereupon readmit them upon the signing of the agreement.
6th:Agreement of the Parties
1. NO-STRIKE CLAUSE in a CBA
- Applicable only to ECONOMIC STRIKES.

2. Agreement during the conciliation done by the NCMB.

THANK YOU!