1.) Yes, they are guilty of holding an illegal strike.

A strike as contemplated by the law is a temporary stoppage of work by the concerted action of
the employees as a result of a labor dispute. Corollarily, a labor dispute includes controversies
concerning the terms and conditions of employment or the association and representation of
persons in negotiating or modifying the same.

In this case, the stoppage of work by the employees did not arise from a labor dispute. The
offering of a prayer for their union president does not involve the terms of conditions of
employment nor any negotiations involving them. Therefore, since the "strike" was not grounded
on any labor dispute, it cannot be deemed valid.

OPTIONAL:
Even assuming that the offering of prayers is connected to the original strike held by the
employees, it still cannot be considered a valid strike. First of all, there is no showing that the first
strike was ever based on grounds recognized by law. Second, the first strike became illegal when
the strikers attacked non-strikers in the company premises. Hence, there is no way the offering of
prayers can ground any legality on the first strike.

2. Requisites of a valid strike

Substantial requirements: a valid strike needs a labor dispute. A strike is recognized and
protected only if stoppage is brought about by disagreement regarding terms and conditions of
employment.

A strike must also observe mandatory procedural requirement, otherwise, the strike is considered
to be illegal.
1. A notice of strike with the required contents should be filed with the DOLE,
specifically the NCMB, copy furnished the employer or the union, as the case may
be. If the reason for the notice is bargaining deadlock, only the recognized or certified
bargaining agent can file the notice. If the reason is ULP, the notice should be filed by
the recognized or certified bargaining agent, or in its absence LLO affected by the
ULP.
2. A cooling off period must be observed. It is the time gap required to cool off
tempers between the filing of notice and the start of the actual work stoppage. The
period is 30 days in case of bargaining deadlock and 15 days in case of ULP.
However, in case of union busting, the union may take action immediately after the
strike vote is conducted and the results submitted to the Board.
During this period, the NCMB mediates and the parties are not allowed to do any act
which may disrupt the early settlement of the dispute. As part of the duty to bargain,
they are obliged to participate fully and promptly in the NCMB meetings
3. Before the actual strike, the union should take a strike vote, by secret balloting in
meetings or referenda, with 24-hour prior notice to the NCMB. The decision to
declare a strike requires secret-ballot approval of the majority of the total union
membership.
4. The result should be reported to the NCMB at least 7 days before the intended strike
(strike vote report). Note that the cooling off period and the 7-day reporting period
are two different mandatory requirements. So, the 7 days are in addition to the 15 or
30 days cooling off period.
Id the dispute remains unsettled after the lapse of the cooling-off period and 7-day period , the
employees may strike or the employer may lock out its workers.
3.) after the strike period is taken and the result reported to NCMB, seven days must pass before
the union can actually commence the strike. 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. A strike held within the 7-day
waiting period is plainly illegal.

The 15 and 30 days requirement known as the Cooling-Off Period,on the other hand, is 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.

LABOR QUESTION #4:

When may a notice of strike be filed before the NCMB?
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.

5. only members of the union,whether the majority or minority union, may participate.

Before a strike or lockout may actually be started, a strike or lockout vote should be taken by
secret balloting, in meetings or referenda specially called for the purpose.

The decision to declare a strike requires the secret balloting approval of majority of the total union
membership in the bargaining unit concerned. The needed vote is majority of total union
membership, not just majority of the members present in the meeting or referenda. And it is
majority of the union membership, not of the bargaining unit. The members of the minority union
may or may not be called to the strike vote meeting.

The purpose of the strike vote is to ensure that the decision to strike broadly rests with the
majority of the union members in general and not with a mere minority.

Lacking No. 6

QUESTION NO. 7.

CITE THE ACTIVITIES THAT ARE PROHIBITED BY LAW IN THE CONDUCT OF STRIKES.

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.
 3. 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.
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 employers premises for lawful
purposes.
10. Obstruction of public thoroughfares while engaged in picketing.

8. May a valid strike initially considered as legal be subsequently declared illegal or

invalid? Justify.

Yes.

A strike or lockout may be declared illegal if any of the requirements for a valid strike of
lockout is not complied with or if declared based on non-strikable, 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.

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.

During a strike or lockout, when either of the parties commit prohibited acts or practices, the
strike or lockout may be declared illegal.

Lacking Number 9

Effects of Illegal Strike

1. 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;

2. 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.
 3. 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.

4. 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.

5. "The effects of such illegal strikes, outlined in Article 265 (now Article 264) of the
Labor Code, make a distinction between workers and union officers who
participate therein.

"A 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 their employment status. An ordinary striking worker cannot be
terminated for mere participation in an illegal strike. There must be
proof that he committed illegal acts during a strike. A union officer, on
the other hand, may be terminated from work when he knowingly
participates in an illegal strike, and like other workers, when he
commits an illegal act during a strike."

11. Effects on the strike validly declared after the Secretary of Labor has assumed
jurisdiction over the case in industries indispensable to national interest.
Basis: Art. 263 (g)
Such assumption or certification has 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 or 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 conditions prevailing before the strike or lockout. This is an
example of automatic injunction. But this is strictly limited to "national interest" cases, and even in
these cases the parties retain the option to submit the dispute to voluntary arbitration.