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1. A. It is not a lock out, as lockout is defined as....

Lockout - temporary refusal


of an employer to furnish work as a result of an industrial or labor dispute. In
the case at bar, the non-renewal of the contracts is not a result of an
industrial or labor dispute
b. Yes, contractual ee are entitled to sec of tenure, but shall only have this
right during the term of the contract.
2.

No it is not a strike, strike are a result of CBA and ULP disputes. In the case
at bar, the round for the strike does not fall under any CBA or ULP dispute but
the decision of the company to require its employees to work overtime to
avoid losses are valid under the rights of the employer provided that the
employees shall receive due compensation
3. The requisites of a valid strike are...
Requisites of Lawful Strike or Lockout
1. must be based on grounds involving bargaining deadlock and/or ULP and
theses have not been brought to voluntary or compulsory arbitration.
2. Notice of strike or lockout, as the case may be, must be filed with the
NCMB at least 30 days (bargaining deadlocks) or 15 days (ULP) before the
intended date thereof.
3. Notice of strike must be filed by the certified or duly recognized EBR but in
cases of ULP and in the absence of a duly certified or recognized EBR, the
notice may be filed by any LLO in behalf of its members.
4. decision to strike must be approved by a majority of the total union
membership in the bargaining unit concerned obtained by secret ballot in
meetings or referenda;
5. A report of the strike must be filed with the NCMB at least 7 days before
the intended strike or lockout.
6. the cooling off period of 30 days and 15 days has lapsed and the dispute
remains unsettled despite efforts at mediation and conciliation. XPN: in union
busting, 15 day period does not apply. Union may take action immediately.
7. Union declaring the strike or the employer declaring the lockout must have
been complied with its duty to bargain collectively. 8. the strike must be
staged and conducted by peaceful means.
4. The grounds of a valid strike are.. a result of an
a. Bargaining Deadlocks
b. 2. ULP
c. Violation of CBA, except flagrant and/or malicious refusal to comply
with its economic provisions, shall not be considered ULP

5.

Improved offer balloting. In case of a strike, the regional branch of the


Board shall, at its own initiative or upon the request of any affected party,
conduct a referendum by secret balloting on the improved offer of the
employer on or before the 30th day of the strike. When at least a majority of
the union members vote to accept the improved offer, the striking workers
shall immediately return to work and the employer shall thereupon readmit
them upon the signing of the agreement.
cralaw

In case of a lockout, the regional branch of the Board shall also conduct a
referendum by secret balloting on the reduced offer of the union on or before
the 30th day of the lockout. When at least a majority of the board of
directors or trustees or the partners holding the controlling interest in the
case of a partnership vote to accept the reduced offer, the workers shall
immediately return to work and the employer shall thereupon readmit them
upon the signing of the agreement.
cralaw

6. Strike is invalid, the act of the er is not a industrial or labor dispute, in the
case at bar, the er still is not obligated to negotiate, although 2 of the 3
preconditions for a CBA negotiations have been complied which are the
possession of the majority representation from the employees and the
demand to bargain, only until the 3rd precondition is satisfied which is the
certification election shall make the er obligated to negotiate with the EBR
7. Yes the er bank accounts are confidential
8. No, the presence of violence in a strike does make the strike illegal per se
Strikes attended with violence - If violence sporadic and not pervasive,
liability is individual and not collective. If strike with force, coercion,
intimidation, violence and the use of slanderous and obscene language
or epithets, it is illegal. If violence on both sides, strike cannot be
declared illegal.
9. No. Ee who join an illegal strike will not loose their employment. To Officers Officer who participates may be declared to have lost their employment
status (Art. 264) To Union members not officers Does not lose employment
status unless he commits illegal acts in the course of the strike. They are
mere followers. This must be established by substantial evidence.
10.A wild cat strike is... Wildcat Strike - Strike not authorized by the union
representing the strikers

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