Adarna Manufacturing Company (AMC) and Adarna Employees Union (AEU) entered into collective bargaining negotiations but reached an impasse. AEU then filed a notice of strike before the National Conciliation and Mediation Board, which immediately conducted conciliation meetings to avert the strike. Fifteen days after the filing of the notice, and despite the conciliation proceedings, AEU staged a strike with the participation of 50% of its members. Is the strike legal? Briefly explain.
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No, the strike staged by AEU is illegal. Under Article 278 of the Labor Code, a valid strike based on a bargaining impasse requires strict compliance with mandatory procedural requisites. These include observing
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Quick check
What is the mandatory cooling-off period required under Article 278 of the Labor Code for a strike grounded on a collective bargaining deadlock?
Article 278 prescribes a mandatory thirty-day cooling-off period for strikes grounded on a bargaining impasse.
What vote requirement must be secured by a labor union to validly declare a strike under the Labor Code?
A valid strike requires the approval of a majority of the total union membership in the bargaining unit.
Why was the strike staged by Adarna Employees Union declared illegal under Philippine labor laws?
The strike was illegal because AEU violated the mandatory 30-day cooling-off period and lacked majority vote approval.
How many days prior to a strike must the results of a strike vote be reported to the NCMB?
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What is the legal effect of a labor union's failure to strictly comply with the procedural requisites for a strike under Article 278?
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1. Mandatory Cooling Period
Under Article 278 of the Labor Code, a labor union intending to declare a strike on the ground of collective bargaining deadlock must observe a mandatory thirty-day cooling-off period from the filing of the notice of strike with the National Conciliation and Mediation Board. The statutory cooling-off period is designed to provide the parties ample time and opportunity for conciliation and mediation to settle their industrial dispute amicably. Staging a strike prior to the expiration of the mandatory thirty-day period renders the strike illegal per se, regardless of the merits of the underlying bargaining impasse.
2. Strike Vote Majority
To validly declare a strike, Article 278 of the Labor Code mandates that the strike decision must be approved by a majority of the total union membership in the bargaining unit obtained by secret ballot in a meeting called for that purpose. Participation or approval by only fifty percent of union members fails to satisfy the statutory majority requirement. A strike conducted without securing the affirmative vote of the majority of the total union membership violates mandatory procedural rules, thereby invalidating the strike and subjecting participating union officers to administrative sanctions.
3. Strike Notice Procedure
In addition to observing the cooling-off period and securing a majority strike vote, the union must submit the strike vote results to the National Conciliation and Mediation Board at least seven days before the intended strike. This seven-day strike vote report period is mandatory and distinct from the cooling-off period. Failure to satisfy any of these mandatory procedural requisites—the notice of strike, cooling-off period, majority vote, and seven-day report—renders the strike illegal, as strict compliance with statutory strike procedures is compulsory under Philippine labor law.