Right to Peaceful Concerted
Activities
Atty. Dominic Victor C. De Alban
Constitutional Basis
• The State affirms labor as a primary social economic force.
It shall protect the rights of workers and promote their
welfare. (Section 18, Article II)
• No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people
peaceably to assemble and petition the government for
redress of grievances. (Section 4, Article III)
• 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. (Section 3 Article XIII)
• 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.
Free Trade Unionism and Collective
Bargaining
• Pursuant to the policy of the state the workers
was the right to engage in peaceful concerted
activities for:
– Collective bargaining
– For mutual benefit and protection
• Right of legitimate labor organizations to strike
and picket, consistent with national interest,
should be recognized and respected.
Forms of Concerted Activities
• Strike
• Lockout
• Picketing
Strike
• Means any temporary stoppage of work by
the concerted action of the employees as a
result of an industrial or labor dispute.
– Industrial or labor disputes include controversy or
matter concerning terms and conditions of
employment.
Kinds of Strike
• Legal strike – for a a) valid purpose and b) conducted
through means allowed by law.
• Illegal strike – stoppage made without purpose or did
not comply with the requirements of law.
• Economic Strike – one declared to demand higher
wages, overtime pay, leaves, etc. for purposes of
compelling the employer to concede to the
employee’s demand.
• Sit Down Strike – one where the workers stop working
but do not leave their place of work.
• Unfair Labor Practice (political strike) – called to protest
the employer’s unfair labor practices as defined under
the law.
• Slowdown strike – one staged without stoppage of
work but by mere slackening or reducing normal work
output.
• Wildcat strike – one declared and staged without the
majority approval of the recognized bargaining agent.
• Sympathy strike – refers to a concerted action wherein
the strikers have no demands or grievances of their
own but nonetheless stage the strike for purposes of
aiding other strikers.
– Example is “welga ng bayan”
Who may Declare a Strike?
• Only a legitimate labor organization.
– If not legitimate then not legal.
• In an organized establishment – only the recognized
or sole and bargaining representative that can stage
a strike (economic strike).
– But the minority can still conduct a ULP strike
• In an unorganized establishment – where there is not
certified bargaining agent then any legitimate labor
organization may stage a ULP strike (not economic).
Who may Declare a Picket?
• Can a person stage a picket in an
establishment absent employment
relationship?
• Yes. A picket is an exercise of a person’s
freedom of speech not his right to self-
organization thus the requirements of the law
on strike does not apply.
Requisites for a Valid Strike
1) Must be based on valid and factual ground.
2) Notice of Strike filed with NCMB.
3) Cooling-off period must be followed.
4) A strike vote must be taken.
5) 7 day waiting period/strike ban reckoned
from the submission of the strike vote report
to NCMB.
1) Valid and Factual Ground
• Only two grounds to support a valid strike:
1. Collective bargaining deadlock (economic strike)
2. Unfair labor practice (Political strike)
• If not based on any of these two – ILLEGAL.
• Violation of CBA? – not ULP if not gross thus only a
grievable not a strikeable issue.
• Violation of labor standard not a ground.
• Inter-union or intra-union dispute not a valid
ground.
2) Notice of Strike
• A notice of strike must be filed with the
National Conciliation and Mediation Board of
the Department of Labor and Employment.
3) Cooling-off Period
• Its purpose is to provide opportunity for mediation
and conciliation of the dispute by the NCMB with
the end in view of amicably settling it.
• The start of the period should be reckoned from the
time the notice of strike is filed with the NCMB.
• Improved offer balloting – refers to a referendum by
secret ballot involving the union members on the
improved offer of the employer.
Periods
• Bargaining deadlock
– 30 days from filing of notice
• Unfair Labor Practice
– 15 days from filing of notice
• Union busting
– no cooling-off period since the existence of the union
is threatened and union must take immediate action.
– However, all the other requisites must be fully
complied with.
4) Strike Vote
• A decision to declare a strike must be
approved by majority of the total union
membership in the bargaining unit concerned,
obtained by secret ballot in meetings or
referenda called for that purpose.
– Process called strike vote balloting
• Purpose is to ensure that decision to stage a
strike rests with the majority of union
members to discourage wildcat strike.
• Prior to the taking of strike vote, 24-hour notice
must be given to the NCMB informing the union’s
decision to conduct a strike vote.
• The results of the strike vote must be submitted to
the NCMB.
– There must be strict adherence otherwise strike is illegal.
• The strike vote report must be submitted to the
NCMB at least seven days before the actual staging
of the intended strike.
7-Day Waiting Period
• The waiting period, also known as strike ban,
is intended to give the NCMB an opportunity
to verify whether the projected strike really
carries the approval of the majority.
• The strike ban is a period different from the
cooling-off period:
– Cooling-off period – from filing of notice of strike
– Strike ban – from submission of the strike vote
report
• 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)
• Notice – Oct. 1, 2016 for economic strike; strike
vote on Oct. 6, 2016; when can strike be staged?
• November 8 (Oct. 1 + 30 = Oct. 31 +7 = Nov. 7, the
day after the 7 day strike ban is Nov. 8)
Principles on Illegal Strike
• Strike staged the same day as the notice of strike is
filed.
• Strike done without complying with the 7 day strike
ban.
• Deficiency of even one day in the periods provided is
fatal.
• Sporting of hotel workers of closely cropped hair or
cleanly shaven hair – legal or illegal?
• Wearing of armbands by bank clerks and marching to
and fro during break time – legal or illegal?
Lawful Picketing
• The requisites of staging a strike is not applicable to
picketing.
• The only requirement by the law is that it should be
peacefully conducted.
• No obstruction of the ingress or egress of the
company premises or that of public thoroughfares
must be made.
• Once the employees conducted a stoppage of work by
virtue of a labor dispute then it is strike not picketing.
References:
• Alcantara, Samson. Labor Law Reviewer
(2014).
• Chan, Joselito. Labor Law Book II (2009).
• Labor Code of the Philippines.
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