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04 ULP & Strikes

This document discusses labor relations and unfair labor practices under Philippine law. It covers topics such as the right to self-organization, legitimate labor organizations, exclusive bargaining representatives, collective bargaining agreements, unfair labor practices by employers and labor organizations, grounds for legal strikes and lockouts, and the consequences of illegal strikes and lockouts. It also describes assumption and certification orders that can be issued by the government to resolve labor disputes in industries vital to the national interest.

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Aileen Love Reyes
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80 views20 pages

04 ULP & Strikes

This document discusses labor relations and unfair labor practices under Philippine law. It covers topics such as the right to self-organization, legitimate labor organizations, exclusive bargaining representatives, collective bargaining agreements, unfair labor practices by employers and labor organizations, grounds for legal strikes and lockouts, and the consequences of illegal strikes and lockouts. It also describes assumption and certification orders that can be issued by the government to resolve labor disputes in industries vital to the national interest.

Uploaded by

Aileen Love Reyes
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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UNFAIR LABOR

PRACTICES

STRIKES &
LOCKOUTS
LABOR RELATIONS
Ryan Jeremiah D. Quan, J.D., LL.M. (Notre Dame)
RIGHT TO SELF-
ORGANIZATION

Formation of LEGITIMATE EXCLUSIVE COLLECTIVE


LABOR LABOR BARGAINING BARGAINING
ORGANIZATION ORGANIZATION REPRESENTATIV AGREEMENT

2
RIGHT TO SELF-
ORGANIZATION

Formation of LEGITIMATE EXCLUSIVE COLLECTIVE


LABOR LABOR BARGAINING BARGAINING
ORGANIZATION ORGANIZATION REPRESENTATIVE AGREEMENT

Registration / Chartering
Eligibility for membership
Commingling
Cancellation of registration

3
RIGHT TO SELF-
ORGANIZATION

Formation of LEGITIMATE EXCLUSIVE COLLECTIVE


LABOR LABOR BARGAINING BARGAINING
ORGANIZATION ORGANIZATION REPRESENTATIVE AGREEMENT

vs. Bargaining unit


Un/Organized establishment
Determination of EBR
Bars to CE

4
RIGHT TO SELF-
ORGANIZATION

Formation of LEGITIMATE EXCLUSIVE COLLECTIVE


LABOR LABOR BARGAINING BARGAINING
ORGANIZATION ORGANIZATION REPRESENTATIVE AGREEMENT

Duty to bargain collectively


Jurisdictional requirements
CB process

5
RIGHT TO SELF-
ORGANIZATION

Formation of LEGITIMATE EXCLUSIVE COLLECTIVE


LABOR LABOR BARGAINING BARGAINING
ORGANIZATION ORGANIZATION REPRESENTATIVE AGREEMENT

Ratification
Registration
5 years vs. 3 years
Renegotiation

6
RIGHT TO SELF-
ORGANIZATION

Formation of LEGITIMATE EXCLUSIVE COLLECTIVE


LABOR LABOR BARGAINING BARGAINING
ORGANIZATION ORGANIZATION REPRESENTATIVE AGREEMENT

Unfair Labor Practices

Strikes, Lockouts, & other Concerted Activities

7
Unfair Labor Practices

Affects right Committed Elements: Criminal Prescriptive


to self- by? EER, aspect period:
organization characterizat initiated 1 year
ion of ULP in after finality
LC of labor case
Dismissed employee
contesting dismissal
List of ULPs not
exhaustive (HSBC-EU
v. NLRC, 06 Nov
1997)
8
ULP: Employers

INTERFERENCE YELLOW DOG CONTRACTING COMPANY DISCRIMINATIO VIOLATION OF PAID VIOLATION OF


TO THE RIGHT CONTRACT OUT DOMINATION N (T&C, LAYOFF, DUTY TO NEGOTIATION CBA (GROSS +
TO SELF- (INTERFERING OF UNION DISCHARGE BARGAIN ECONOMIC
ORGANIZATION WITH RIGHT TO DUE TO UNION COLLECTIVELY PROVISIONS)
SELF- ACTIVITIES,
ORGANIZATION) TESTIMONY)

9
◦ Restraint or coercion by labor
organizations
◦ Union-induced discrimination (note:
dismissal based on enforcement of the
USC)
ULP: Labor ◦ Refusal to bargain collectively with the

Organizations employer (must be the EBR)


◦ Featherbedding & make-work
arrangements
◦ Ask or accept negotiation or attorney’s
fees for settlement
◦ CBA violation
10
Strikes & Lockouts

Right to engage in concerted activities for CB and mutual aid &


protection
• Includes right to strike, in accordance with law

Strike: temporary stoppage of work by the concerted action of


employees as a result of an industrial or labor dispute
• Note: slowdowns, mass leaves, sit downs, attempt to destroy equipment, shaving heads
• Pickets – included in free speech guarantee

Lockout – temporary refusal of an employer to furnish work as a


result of an industrial or labor dispute
11
Bargaining deadlock

Strikes &
Lockouts:
Grounds Unfair labor Note:
Violations
practice of CBA

Note: Union recognition strikes are NOT ALLOWED

12
Notice of strike or lockout

30 days (CB deadlock)


Cooling off Period or 15 days (ULP, unless
union busting exists)

Procedural 24-hour notice to NCMB prior to strike / lockout


Requirements vote

Majority of union
Strike / Lockout vote membership / majority
of partners or BOD

7-day strike ban


13
No grounds

Non-compliance with procedural


requirements

Illegal Strikes / Commission of prohibited activities


Lockouts • No collective bargaining yet
• Violation of assumption / certification order
• Obstruction, etc . of a peaceful picket
• Strikebreaker
• Use of public officer / employee to escort persons
seeking to replace striking workers
• Acts of violence, obstruction of ingress / egress

14
Termination of employment

• Union officer – participation in illegal strike


• Union officer or member – commission of
prohibited acts
Consequences Penal provision for commission of
prohibited activities: Fine and/or
imprisonment (Art. 287)

Backwages

15
Improved Offer Balloting

DOLE EFFORT TO NCMB DONE ON OR NEEDED: UPON SIGNING


SETTLE A STRIKE CONDUCTS BEFORE THE MAJORITY VOTE OF AGREEMENT:
OR LOCKOUT REFERENDUM BY 30TH DAY OF THE OF UNION EMPLOYEES MUST
SECRET BALLOT STRIKE / LOCKOUT MEMBERS / RETURN TO
ON IMPROVED MAJORITY VOTE WORK AND
OFFER OF OF PARTNERS OR EMPLOYER MUST
EMPLOYER OR BOD READMIT
REDUCED OFFER EMPLOYEES
OF UNION

16
Assumption & Certification Orders

To address a strike /
Police power measure: SOLE has full authority
lockout (including
for the State to protect to resolve all matters
impending ones) in an
itself from a crisis or related to the labor
industry indispensable
emergency dispute
to the national interest

Issuance does not “National interest” –


require prior notice SOLE can determine

17
Effects of Assumption & Certification Orders

Automatically enjoins an If the strike or lockout Operates as a return to


impending strike or happened already, work order (no need for
lockout (automatic employees must return to an RTW order)
injunction) work & employers must
readmit them under the
same terms and
conditions
Status quo ante order (actual
reinstatement; note UST case)
18
Parties may still submit to Limitation on Defiance – constitutes as
voluntary arbitration management prerogative an illegal act during strike
or lockout
Disciplinary sanctions may be
imposed
No reinstatement and
backwages in case of
abandonment

Effects of Assumption & Certification Orders


19
UNFAIR LABOR
PRACTICES

STRIKES &
LOCKOUTS
LABOR RELATIONS
Ryan Jeremiah D. Quan, J.D., LL.M. (Notre Dame)

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