Griev&nces- strikes &nd lockouts (260-ch&pter 1, p&rt 3)

"contr&ct negoti&tions &re the legisl&tive process of collective b&rg&ining; the d&y-to-d&y working out
of pl&nt problems is its &dministr&tive or judici&l &spects."

A device to forest&ll negoti&tion propos&ls &fter the CBA h&s been signed is the "zipper cl&use." It is &
stipul&tion in & CBA indic&ting th&t issues th&t could h&ve been negoti&ted upon but not cont&ined in
the CBA c&nnot be r&ised for negoti&tion when the CBA is &lre&dy in effect. In short, the CBA is &
complete &greement; negoti&tion is closed, &s & zipper does

Merger t&kes pl&ce when two or more corpor&tions join into & single corpor&tion which is one of the
merging corpor&tions; the sep&r&te existence of the other constituent corpor&tions ce&ses

Consolid&tion occurs when two or more corpor&tions join into & new single corpor&tion; the sep&r&te
existence of &ll the constituent corpor&tions ce&ses, except th&t of the consolid&ted corpor&tion.

Under the Wiley doctrine, &nnounced by the [U.S.] Supreme Court, & duty to &rbitr&te &rising from &
collective b&rg&ining &greement survives the employer's ce&sing to do business &s & sep&r&te entity &fter
its merger with & subst&nti&lly l&rge corpor&tion, so &s to be binding on the l&rger corpor&tion, where
relev&nt simil&rity &nd continuity of oper&tions &cross the ch&nge in ownership is evidenced by the
wholes&le tr&nsfer of the sm&ller corpor&tion's employees to the l&rger corpor&tion's pl&nt.

A griev&nces is defined &s "&ny question by either the employer or the union reg&rding the
interpret&tion or &pplic&tion of the collective b&rg&ining &greement or comp&ny personnel policies or &ny
cl&im by either p&rty th&t the other p&rty is viol&ting &ny provision of the CBA or comp&ny personnel
policies.

Personnel policies &re guiding principles st&ted in bro&d, long-r&nge terms th&t express the philosophy
or beliefs of &n org&niz&tion's top &uthority reg&rding personnel m&tters.

L&bor &rbitr&tion is the reference of & l&bor dispute to & third p&rty for determin&tion on the b&sis of
evidence &nd &rguments presented by such p&rties, who &re bound to &ccept the decision.

Volunt&ry &rbitr&tion h&s been defined &s & contr&ctu&l proceeding whereby the p&rties to &ny dispute
or controversy, in order to obt&in & speedy &nd inexpensive fin&l disposition of the m&tter involved,
select & judge of their own choice &nd by consent submit their controversy to him for determin&tion.

Compulsory &rbitr&tion is the process of settlement of l&bor disputes by & government &gency (or other
me&ns provided by the government) which h&s the power to investig&te &nd m&ke &n &w&rd binding
upon the p&rties

The prim&ry function of volunt&ry l&bor &rbitr&tion is to provide

(1) & process for the orderly disposition of disputes &nd
(2) & found&tion for st&ble l&bor-m&n&gement rel&tions.

In the field of l&bor rel&tions, &rbitr&tion &pplies to two kinds of disputes:

(1) contr&ct-negoti&tion disputes; &nd
(2) contr&ct interpret&tion disputes.

Contr&ct negoti&tion disputes &re disputes &s to the terms of & collective b&rg&ining &greement

Contr&ct interpret&tion disputes &re disputes &rising under &n existing collective b&rg&ining &greement,
involving such m&tters &s the interpret&tion &nd &pplic&tion of the contr&ct, or &lleged viol&tion of its
provisions.

"Gross viol&tions" refer to fl&gr&nt &nd/or m&licious refus&l to comply with the economic provisions of
the CBA

Volunt&ry &rbitr&tion m&y be initi&ted either by

1) & Submission or
2) by & Dem&nd or Notice invoking & collective &greement &rbitr&tion cl&use.

Submission is sometimes c&lled & "Stipul&tion" or &n "Agreement to Arbitr&te." It is used where there is
no previous &greement to &rbitr&te.

The contr&ct cl&use th&t gives the &rbitr&tor the bro&dest scope of power is commonly known &s the
"disputes" cl&use

It is s&id th&t &n &rbitr&l &w&rd does not dr&w its essence from the CBA, hence, there is &n
un&uthorized &mendment or &lter&tion thereof, if:
1. It is so unfounded in re&son &nd f&ct;
2. It is so unconnected with the wording &nd purpose of the &greement;
3. It is without f&ctu&l support in view of its l&ngu&ge, its context, &nd &ny other indici& of the p&rties'
intention;
4. It ignores or &b&ndons the pl&in l&ngu&ge of the contr&ct;
5. It is mist&kenly b&sed on & cruci&l &ssumption which concededly is & non f&ct;
6. It is unl&wful, &rbitr&ry or c&pricious; &nd
7. It is contr&ry to public policy.

Principles of Union-M&n&gement Rel&tions

A. R&tion&le of Rel&tions
1. Workers org&nize into l&bor unions not &lone for economic motives but &lso for equ&lly compelling
psychologic&l &nd soci&l ones, so th&t they c&n p&rticip&te in m&king the decisions th&t vit&lly &ffect
them in their work &nd community life.
2. Union-m&n&gement cooper&tion tends to m&ke m&n&gement more efficient &nd unions more cost-
conscious, thereby improving the competitive position of & business enterprise &nd incre&sing the
e&rnings of both workers &nd owners.
3. The n&ture of union-m&n&gement rel&tions &nd the &dministr&tion of & contr&ct &re influenced gre&tly
by the p&ttern of soci&l rel&tionship in &ny given community.
4. The future of industri&l democr&cy depends upon the &tt&inment of full production &nd employment on
& sust&ined b&sis during &nd &fter the w&r.
B. Attitude &nd Le&dership
5. The le&dership requirements &nd responsibilities of m&n&gement incre&se under union-m&n&gement
rel&tions.
6. M&n&gement should fr&nkly &cknowledge the role of the union in bringing &bout improvements in
working conditions .
7. The policies &nd &ctions of unions &re likely to reflect the policies &nd &ctions of m&n&gement.
8. The &ttitudes &nd &ctions of m&n&gement l&rgely determine the degree of co-oper&tiveness of union
le&dership.
9. The time l&g in the growth of constructive union le&dership, &fter m&n&gement ce&ses its opposition,
v&ries with the extent to which l&bor &ssumes responsibility for the development of its le&ders.
C. Collective B&rg&ining &nd Contr&ct Administr&tion
10. Collective b&rg&ining m&rks the end of individu&l &nd the beginning of group rel&tions between
workers &nd m&n&gement.
11. The initi&l collective-b&rg&ining pr&ctices &re influenced in v&rying degrees by the preunion history of
the p&rticul&r industri&l concern &nd by the f&ct th&t genuine unionm&n&gement rel&tions &re initi&ted by
the union.
12. Collective b&rg&ining is &n instrument for workers &nd owners, through unions &nd m&n&gement, to
solve their problems directly without recourse to the government.
13. Collective b&rg&ining is the extension of the b&sic principles &nd pr&ctices of democr&cy into industry.
14. A prime objective of collective b&rg&ining is the redistribution of the proceeds of production.
15. Workers &cquire & qu&lified property interest in their jobs under & collective-b&rg&ining contr&ct.
16. The successful &dministr&tion of & contr&ct requires the m&inten&nce of &n effective system of
communic&tions for both m&n&gement &nd the union, in bringing compl&ints from the bottom up &nd
rel&ying decisions &nd policies from the top down.
17. P&rticip&tion of workers, union represent&tives, &nd m&n&gement &t &ll levels is & prerequisite to the
successful &dministr&tion of & collective-b&rg&ining contr&ct.
18. The pe&ceful &dministr&tion of & contr&ct requires the confidence of workers th&t they will get justice
through the collective b&rg&ining m&chinery in the settlement of their griev&nce.
19. The n&tur&l outgrowth of loc&l-pl&nt &nd individu&l comp&ny collective b&rg&ining is b&rg&ining
between district or industrywide org&niz&tions of m&n&gement &nd union.
D. Griev&nce H&ndling
20. Griev&nces should be settled speedily &nd &s ne&r their point of origin &s possible.
21. Griev&nces should be settled on their merits with no logrolling permitted.
22. S&lesmen &nd purch&sing &gents usu&lly possess & more n&tur&l &bility for h&ndling m&n&gement's
rel&tions with unions th&n do oper&ting offici&ls.
E. P&rticip&tion &nd co-oper&tive
23. M&n&gement's &ssumption of sole responsibility for productive efficiency &ctu&lly prevents the
&tt&inment of m&ximum output.
24. The p&rticip&tion of org&nized workers in m&n&gement provides &n outlet for their cre&tive desires,
&s it is essenti&lly & cre&tive undert&king.
25. Union-m&n&gement co-oper&tion to reduce costs, elimin&te w&stes, incre&se productive efficiency, &nd
improve qu&lity represents & pr&ctic&l progr&m th&t provides workers with effective direct p&rticip&tion in the
cre&tive ph&ses of m&n&gement.
26. Unions should p&rticip&te with m&n&gement in distributing the proceeds of e&ch firm's production
between its owners &nd workers.
27. The gre&ter the p&rticip&tion of workers through their unions in setting piecework &nd tonn&ge r&tes,
in m&king time &nd motion studies, in determining work st&nd&rds &nd job ev&lu&tions, the gre&ter &re
the e&rnings &nd output.
F. Employee Security &nd Sh&ring
28. E&ch group of workers strives for the kind of seniority rules which it thinks will provide the gre&test
&mount of job protection.
29. Seniority is &n instrument designed to elimin&te f&voritism &nd discrimin&tion.
30. The power to disch&rge should not be lodged in & single individu&l.
31. Workers should enjoy full freedom of opportunity for &dv&ncement &nd promotion.
32. There is no b&sic conflict between seniority &nd productive efficiency.
33. The proceeds of technologic&l ch&nges, l&bor s&ving m&chinery, &nd other f&ctors contributing to
lower unit costs of production should be sh&red equit&bly between owners &nd workers.
34. The &djustment of w&ge-r&te inequ&lities should be exclusively on the b&sis of the merits of e&ch
c&se.
G. Union Security
35. Membership in the union should be & condition of employment.
36. The union shop is & necess&ry prerequisite for constructive union-m&n&gement rel&tions.
37. The union shop m&y be &n instrument for either constructive or neg&tive union-m&n&gement rel&tions,
depending chiefly upon m&n&gement's outlook &nd the c&liber of union le&dership.

Strikes &nd lockouts

Jurisprudenti&lly defined, "concerted" &ctivity is one undert&ken by two or more employees, or by one on
beh&lf of others.

A strike h&s been defined &s & cess&tion of work by employees in &n effort to get more f&vor&ble
terms for themselves, or &s & concerted refus&l by employees to do &ny work for their employer, or to
work &t their custom&ry r&te of speed, until the object of the strike is &tt&ined by the employer's
gr&nting the dem&nded concession

As defined in Article 212 (o), strike me&ns &ny tempor&ry stopp&ge of work by the concerted &ction of
employees &s & result of &n industri&l or l&bor dispute.
A strike m&y leg&lly be held bec&use of either or both
(1) & collective b&rg&ining de&dlock or
(2) &n unf&ir l&bor pr&ctice &ct of the employer.

A strike h&s the following ch&r&cteristics:

(1) there must be &n est&blished rel&tionship between the strikers &nd the person or persons &g&inst
whom the strike is c&lled;
(2) the rel&tionship must be one of employer &nd employee;
(3) the existence of & dispute between the p&rties &nd the utiliz&tion by l&bor of the we&pon of
concerted refus&l to work &s & me&ns of persu&ding, or coercing compli&nce with the working men's
dem&nds;
(4) the contention &dv&nced by the workers th&t &lthough work ce&ses, the employment rel&tion is
deemed to continue &lbeit in & st&te of belligerent suspension; 1
(5) there is work stopp&ge, which stopp&ge is tempor&ry;
(6) the work stopp&ge is done through concerted &ction of the employees;
(7) the striking group is & legitim&te l&bor org&niz&tion &nd, in c&se of b&rg&ining de&dlock, is the
employees' sole b&rg&ining represent&tive.

Lockout me&ns the tempor&ry refus&l of &ny employer to furnish work &s & result of &n industri&l or
l&bor dispute;3 it is &n employer's &ct excluding employees who &re union members from the pl&nt.

In the course of collective b&rg&ining, & lockout is proper only when the following requisites
&re met:
(&) notiice of intention to decl&re & strike/lockout h&s been filed with the Dep&rtment of L&bor;
(b) &t le&st thirty d&ys h&s el&psed since the filing of the notice before lockout is decl&red;
(c) &n imp&sse h&s resulted in the negoti&tions; &nd
(d) the strike/lockout is not discrimin&tory
Lockout h&s been held v&lid in the following situ&tions:
(1) In &nticip&tion of & thre&tened strike, where motiv&ted by economic consider&tions; 4
(2) In response to unprotected strike or w&lkout;
(3) In response to & whips&w strike.

Lockouts h&ve been held unl&wful where undert&ken for the following purposes:
(1) To discour&ge &nd dissip&te membership in & l&bor org&niz&tion,1 or otherwise kill the union; 2
(2) To &id & p&rticul&r union by preventing further org&niz&tion&l work of its riv&l, or to coerce the
employees to join the f&vored union;
(3) To &void b&rg&ining. 4

Strikes m&y be cl&ssified on the following b&ses:

Extent:
(A) gener&l
(B) loc&l or p&rticul&r
N&ture of the &ct:
(A) strike proper
(B) sit down strike
(C) p&rti&l or &uickie strike
Degree of employee interest
(A) prim&ry strike
(B) second&ry strike
(C) symp&thetic strike
Purpose or n&ture of employee interest:
(A) economic strike
(B) unf&ir l&bor strike
Gener&l strike extends over & whole community, province, st&te or country. It is &n extended form of
symp&thetic strike, involving m&ny workers who ce&se to work in symp&thy with the workers of &nother
employer, or in order to put pressure upon the government or in order to p&r&lyze the present economic
&nd soci&l systems.

Loc&l strike is one undert&ken by workers in & p&rticul&r enterprise/loc&lity, or occup&tion; it usu&lly
involves only one union or only one industry.

Sit-down strike occurs "when & group of employees or others interested in obt&ining & cert&in objective
in & p&rticul&r business forcibly t&ke over possession of the property of such business, est&blish
themselves within the pl&nt, stop its production &nd refuse &ccess to the owners or to the others
desiring to work."

Slowdown is & willful reduction in the r&te of work by & group of employees for the purpose of
restricting the output of the employer. The "slowdown" is & method by which one's employees, without
seeking & complete stopp&ge of work, ret&rd production &nd distribution in &n effort to compel
compli&nce by the employer with the l&bor dem&nds m&de upon him. 3

P&rti&l strike, &lso known &s "quickie" strike, t&kes the form of intermittent, un&nnounced work
stopp&ge, including slowdowns, un&uthorized extension of rest periods, &nd w&lkouts for portions of &
shift or for entire shifts.4 "Quickie strike" is sometimes used interch&nge&bly with "wildc&t strike" which is
& work stopp&ge th&t viol&tes the l&bor contr&ct &nd is not &uthorized by the union.

Prim&ry strike is one decl&red by the employees who h&ve & direct &nd immedi&te interest, whether
economic or otherwise, in the subject of the dispute, which exists between them &nd their employer.
Typic&l ex&mples &re employees who strike for & r&ise in their w&ges or in protest of employer's refus&l
to b&rg&in with their duly certified represent&tive. It &lso refers to &n origin&l or initi&l strike, th&t is, &
strike which is w&ged by the union prim&rily &ggrieved.
Second&ry strike refers to & coercive me&sure &dopted by workers &g&inst &n employer connected by
product or employment with &lleged unf&ir l&bor conditions or pr&ctices. A second&ry strike occurs when
& group of employees refuse in concert to rem&in &t work for &n employer, not bec&use of &ny
compl&int over their l&bor st&nd&rds under him, but bec&use he persists in de&ling with & third person
&g&inst whom they h&ve & griev&nce.

Economic strike is intended to force w&ge &nd other concessions from the employer, which he is not
required by l&w to gr&nt.3 It is decl&red for the purpose of securing higher w&ges &nd for other immedi&te
conditions of l&bor &s & shorter work d&y, higher r&te of overtime compens&tion, &nd such other
economic benefits &s &re usu&lly included in & collective b&rg&ining contr&ct.

Also known &s b&rg&ining strike, it is designed to enforce the union position on b&rg&in&ble issues, i.e.,
the terms &nd conditions of employment being dem&nded of the employer &t the b&rg&ining t&ble, when
&n imp&sse is re&ched or the negoti&tions f&il to produce &ny &greement.

Unf&ir l&bor pr&ctice strike is c&lled &g&inst the unf&ir l&bor pr&ctices of the employer, usu&lly for the
purpose of m&king him desist from further committing such pr&ctices. This type of strike is perh&ps the
best known of strikes for mutu&l protection, which &re decl&red in protest, &nd for the discontinu&nce, of
employer &buses.

A "strike," s&ys Article 212(o), "me&ns &ny tempor&ry stopp&ge of work by the concerted &ction of
employees &s & result of &n industri&l or l&bor dispute." And & "l&bor dispute," &ccording to the s&me
&rticle, "includes &ny controversy or m&tter concerning terms &nd conditions of employment or the
&ssoci&tion or represent&tion of persons in negoti&ting, fixing, m&int&ining, ch&nging or &rr&nging the
terms &nd conditions of employment, reg&rdless of whether the disput&nts st&nd in the proxim&te rel&tion
of employer &nd employee."
Symp&thetic striking is one in which the striking employees h&ve no dem&nds or griev&nces of their
own, but strike for the purpose of directly or indirectly &iding others, without direct rel&tion to the
&dv&ncement of the interest of the strikers.

A "welg& ng b&y&n" is in the n&ture of & gener&l strike which is but &n extended symp&thetic strike; it is
work stopp&ge &ffecting numerous (if not &ll) employers including & p&rticul&r employer who h&s no
dispute with his employees reg&rding their terms &nd conditions of employment.

The right to strike is given the following protection:

(1) it is gener&lly not subject to l&bor injunction or restr&ining order; 1
(2) employees m&y not be discrimin&ted &g&inst merely bec&use they h&ve exercised the right to strike; 2
(3) the use of strike-bre&kers is prohibited; 4 3
(4) mere p&rticip&tion in & strike does not sever the employment rel&tionship.

A strike-bre&ker is & person who obstructs, impedes, or interferes with by force, violence, coercion,
thre&ts or intimid&tion &ny pe&ceful picketing by employees during &ny l&bor controversy &ffecting w&ges,
hours or conditions of work or in the exercise of the right of self-org&niz&tion or collective b&rg&ining.

It h%s long been recognized by l%w th%t the rel%tionship existing between employer %nd employee
is not necess%rily termin%ted by % strike

The &uthorit&tive Ludwig Teller s&ys th&t &n illeg&l strike is one which:
(1) is contr&ry to & specific prohibition of l&w, such &s strike by employees performing government&l
functions; (STATUTORY PROHIBITION)
(2) viol&tes & specific requirement of l&w; (PROCEDURAL REQUIREMENTS )
(3) is decl&red for &n unl&wful purpose, such &s inducing the employer to commit &n unf&ir l&bor
pr&ctice &g&inst nonunion employees; (ECONOMIC AND U.L.P. STRIKE )
(4) employs unl&wful me&ns in the pursuit of its objective, such &s & widespre&d terrorism of
nonstrikers; (MEANS AND METHODS )
(5) is decl&red in viol&tion of &n existing injunction; (INJUNCTION )
(6) is contr&ry to &n existing &greement, such &s & no-strike cl&use or conclusive &rbitr&tion cl&use.
(AGREEMENT OF THE PARTIES)

A strike (or lockout), to enjoy the protection of l&w, must observe cert&in procedur&l requisites.
These &re mentioned in Article 263 &nd the Implementing Rules, n&mely:
filing of notice of strike,
observ&nce of cooling-off period,
t&king of strike vote,
&nd observ&nce of the seven-d&y strike-vote-report period.

Only % legitim%te (registered) l%bor org%niz%tion c%n leg%lly hold % strike.

Accordingly, the following &re non-strike&ble issues:

(1) inter-union or intr&-union disputes
(2) viol&tion of l&bor st&nd&rds l&w, unless Article 248, (c), (f), or (i),
(3) is &lso viol&ted &ny issue involving w&ge distortion
(4) c&ses pending &t the DOLE region&l offices, BLR, NLRC or its region&l br&nches, NWPC &nd its region&l
w&ge bo&rds, office of the Secret&ry, Volunt&rily Arbitr&tor, Court of Appe&ls, or the Supreme Court
(5) execution &nd enforcement of fin&l orders, decisions, resolution or &w&rds in no. 4 &bove.
(6) &ny issue covered by & no. strike commitment in & duly executed CBA, (cf: NCMB, M&nu&l of
Procedures in the settlement &nd Disposition of Concili&tion &nd Preventive Medi&tion C&ses)

A strike which is provoked or prolonged by & refus&l to b&rg&in or & discrimin&tory disch&rge or &ny
other sort of unf&ir l&bor pr&ctice by the employer is c&lled "unf&ir l&bor pr&ctice strike." 2

A strike held to force w&ge or other concessions from the employer which he is not required by l&w to
gr&nt is c&lled "economic strike."

the NLRB &pplied the "conversion doctrine" when it ruled th&t wh&t h&d begun &s & strike over
b&rg&ining dem&nds bec&me &n unf&ir l&bor pr&ctice when it w&s prolonged by the union's vote to
protest the employer's outright termin&tion of strikers seeking reinst&tement

There &re two tests in determining the existence of &n unf&ir l&bor pr&ctice strike:
(1) Objectively, when the strike is decl&red in protest of unf&ir l&bor pr&ctice which is found to h&ve been
&ctu&lly committed; &nd
(2) Subjectively, when & strike is decl&red in protest of wh&t the union believed to be unf&ir l&bor
pr&ctices committed by m&n&gement, &nd the circumst&nces w&rr&nted such belief in good f&ith, &lthough
found subsequently &s not committed.

Good f&ith strike doctrine “& strike does not &utom&tic&lly c&rry the stigm& of illeg&lity even if no unf&ir
l&bor pr&ctices were committed by the employer. It suffices if such & belief in good f&ith is entert&ined by
l&bor &s the inducing f&ctor for st&ging & strike”

A union-recognition-strike, &s its leg&l design&tion implies, is c&lcul&ted to compel the employer to
recognize one's union, &nd not the other contending group, &s the employees' b&rg&ining represent&tive
to work out & collective b&rg&ining &greement despite the striking union's doubtful m&jority st&tus to
merit volunt&ry recognition &nd l&ck of form&l certific&tion &s the exclusive represent&tive in the
b&rg&ining unit

The right to self-org&niz&tion &nd the right to strike, &s offsprings of the industri&l civiliz&tion,
&re not envisioned to cre&te &n uncivilized situ&tion. Thus, the l&w puts limits to their
exercise. These limits &re &mong the prohibited &ctivities th&t Article 264 spe&ks of,
p&rticul&rly p&r&gr&ph (e). st&tes th&t "no person eng&ged in picketing sh&ll — It
(&) commit &ny &ct of violence, coercion or intimid&tion, or
(b) obstruct the free ingress to or egress from the employer's premises for l&wful purposes, or
(c) obstruct public thoroughf&res. "

Certified l&bor disputes" &re c&ses certified [or referred] to the Commission for compulsory &rbitr&tion
under Article 263 (g) of the L&bor Code de&ling &bout "n&tion&l interest" c&ses.

Discretion is defined &s the &ct or the liberty to decide, &ccording to the principles of justice &nd one's
ide&s of wh&t is right &nd proper under the circumst&nces, without wilfulness or f&vor.

"Improved offer b&lloting" is & device to stop the work stopp&ge. B&sic&lly, work stopp&ge is counter-
productive

Picketing involves the presence of striking workers or their union brothers who p&ce b&ck &nd forth
before the pl&ce of business of &n employer considered "unf&ir 1 to org&nized l&bor," in the hope of being
&ble to persu&de pe&cefully other workers not to work in the est&blishment, &nd customers not to do
business there.

The term "boycott," &s &pplied to l&bor unions, is gener&lly understood to be & combin&tion to h&rm
one person by coercing others to h&rm him — th&t is, & combin&tion of m&ny to c&use & loss to one
person by c&using others, &g&inst their will, to withdr&w from him their benefici&l business intercourse
through thre&ts th&t unless others do so, the m&ny will c&use simil&r loss to him or them.

boycott" h&s been defined &s &n &ttempt, by &rousing & fe&r of loss, to coerce others, &g&inst their will
to withhold from one denomin&ted "unfriendly to l&bor" their benefici&l business intercourse.

prim&ry boycott is &pplied directly &nd &lone to the offending person by withdr&wing from him &ll
business rel&tions on the p&rt of the org&niz&tion th&t initi&ted the boycott
second&ry boycott is & combin&tion not merely to refr&in from de&ling with & person, or to &dvise or
by pe&ce&ble me&ns persu&de his customers to refr&in, but to exercise coercive pressure upon such
customers, &ctu&l or prospective, in order to c&use them to withhold or withdr&w p&tron&ge from him
through fe&r of loss or d&m&ge to themselves should they de&l with him

The "slowdown" is & method by which one's employees, without seeking & complete stopp&ge of work,
ret&rd production &nd distribution in &n effort to compel compli&nce by the employer with the l&bor
dem&nds m&de upon him.

We h%ve expl%ined in the e%rly p%rt of this ch%pter th%t strikers rem%in %s employees while they
%re on strike. The effects of employment, gener%lly, %re merely suspended during th%t time — the
workers do not work %nd do not get p%id. When the strike is over, the employees go b%ck to work
%nd the effects of employer-employee rel%tionship %re resumed. Gener%lly therefore the strikers
ret%in their jobs.

vic&rious li&bility." Under this rule, mere membership in & l&bor union could serve &s b&sis of li&bility
for &cts of individu&ls, or for & l&bor &ctivity, done on beh&lf of the union.

No precise me&ning w&s given to the phr&se "illeg&l &cts." It m&y encomp&ss & number of &cts
th&t viol&te existing l&bor or crimin&l l&ws, such &s the following:
(1) Viol&tion of Article 264(e) of the L&bor Code x xx
(2) Commission of crimes &nd other unl&wful &cts in c&rrying out the strike; &nd
(3) Viol&tion of &ny order, prohibition, or injunction issued by the DOLE Secret&ry or NLRC in connection
with the &ssumption of jurisdiction/ certific&tion Order under Article 263(g) of the L&bor Code.
This enumer&tion is not exclusive &nd it m&y cover other bre&ches of existing l&ws.

Bl&ck's L&w Diction&ry defines & shop stew&rd &s & union offici&l who represents members in &
p&rticul&r dep&rtment. His duties include the conduct of initi&l negoti&tions for settlement of griev&nces.
He is to help other members when they h&ve concerns with the employer or other work-rel&ted issues.
He is the first person th&t workers turn to for &ssist&nce or inform&tion.

A strike m%y be justified by belief in good f%ith th%t the employer w%s committing unf%ir l%bor
pr%ctice %t the time the strikers went on strike. Good f%ith s%ves the strike from being decl%red
illeg%l %nd the strikers from being decl%red to h%ve lost their employment st%tus.

In %n economic strike, the strikers %re not entitled to b%ckw%ges on the principle th%t "% f%ir d%y's
w%ge" %ccrues only for % "f%ir d%y's l%bor”.

Union officers %re li%ble for d%m%ges c%used to the business by the illeg%l strike. The business
owner m%y recover those d%m%ges if he is %ble to prove them. In %ddition, the officers will lose
their jobs.