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

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