A is a member of the labor union duly recognized as the sole bargaining representative of his company. Due to a bargaining deadlock, 245 members of the 500-strong union voted on March 13, 2010 to stage a strike. A notice of strike was submitted to the National Conciliation and Mediation Board on March 16, 2010. Seven days later or on March 23, 2010, the workers staged a strike in the course of which A had to leave and go to the hospital where his wife had just delivered a baby. The union members later intimidated and barred other employees from entering the work premises, thus paralyzing the business operations of the company.
A was dismissed from employment as a consequence of the strike.
Was the strike legal? Explain. (3%)
Was A’s dismissal valid? Why or why not? (3%)
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No, the strike was illegal, but A's dismissal was invalid. Under Article 278 of the Labor Code, a strike requires majority union approval and observance of the 30-day cooling-off period. Under Article 279,
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Quick check
What is the statutory vote requirement for a labor union to legally declare a strike in a bargaining deadlock dispute?
A strike vote must be approved by a majority of the total union membership in the bargaining unit.
What mandatory cooling-off period must a labor union observe after filing a notice of strike due to a collective bargaining deadlock?
A mandatory thirty-day cooling-off period must be observed for bargaining deadlocks under Article 278.
Under Article 279 of the Labor Code, what is required to validly dismiss an ordinary union member who joined an illegal strike?
Ordinary union members can only be dismissed if they personally committed illegal acts during the strike.
What is the legal consequence for a union officer who knowingly participates in an illegal strike?
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Does blocking work premises and intimidating non-striking employees convert an otherwise peaceful strike into an illegal activity?
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Learn more about these topics
1. Strike Procedural Requirements
Under Article 278 of the Labor Code, a valid strike requires compliance with strict statutory procedural requirements. A strike vote must be approved by a majority of the total union membership in the bargaining unit, and a strike vote report must be submitted to the National Conciliation and Mediation Board. Furthermore, in cases of collective bargaining deadlocks, the union must observe a mandatory thirty-day cooling-off period from the filing of the notice of strike before staging a work stoppage. Failure to satisfy any of these mandatory statutory requisites renders the strike illegal under Philippine labor law.
2. Union Member Liability
Article 279 of the Labor Code establishes a clear legal distinction between union officers and ordinary union members regarding liability during an illegal strike. A union officer who knowingly participates in an illegal strike may be declared to have lost employment status. In contrast, an ordinary union member cannot be dismissed from employment for mere participation in an illegal strike. An ordinary union member may only be validly terminated if the employer proves that the member committed illegal, violent, or unlawful acts during the strike, such as intimidation or blocking ingress and egress.
3. Unlawful Acts Penalty
During a strike, union members are legally prohibited from committing illegal acts such as violence, coercion, intimidation, or obstructing free ingress to and egress from the employer's premises. While union officers face termination for initiating or leading an illegal strike, ordinary workers remain protected against dismissal unless personal participation in prohibited unlawful acts is established by substantial evidence. Absent individual responsibility for illegal acts, ordinary union members who merely joined the strike or left the premises during the work stoppage cannot be validly dismissed from corporate service.