STRIKES AND LOCKOUT

1. What is alternative dispute resolution (ADR)?

Alternative Dispute Resolution means any process or procedure used to resolve a labor
dispute through conciliation, mediation, voluntary arbitration, or plant-level bipartite
mechanisms, such as labor-management cooperation (LMC) and grievance machinery.
2. What is conciliation-mediation?
Conciliation-mediation is a non-litigious, non-adversarial, less expensive and
expeditious mechanism in assisting the parties towards voluntarily reaching their own
mutually acceptable settlement to the labor dispute. Under this informal set-up, the
parties arrive at an amicable settlement without going through legal procedures.
3. Who can avail of conciliation and mediation services?
Any party to a labor dispute, whether an individual, union or management, can avail of
the conciliation mediation services at the National Conciliation and Mediation Board
(NCMB) and its Regional Branches thru a request for assistance, notice of preventive
mediation or notice of strike/lockout.
4. What are the issues that may be the subject of preventive mediation?
A preventive mediation may be filed by an individual, union or management on any
issue arising from violation of the right to self-organization, including issues for notice of
strike or lockout, to avoid the occurrence of actual labor disputes.
5. Suppose the issue on preventive mediation is not settled, what action may be
taken?
The individual, union or management may file a notice of strike/lockout.
6. Who can file a notice of strike?
Unions that are certified as the sole and exclusive bargaining agent (SEBA) may file a
notice of strike at the NCMB Regional Branch. In the absence of a SEBA, a legitimate
labor organization may file but only on grounds of ULPs.
7. What are the valid issues/grounds that may be the subject of a notice of
strike/lockout?
A notice of strike or lockout may be filed on grounds of unfair labor practice (ULP) or
deadlock in collective bargaining (CB).
8. May the union or management bring the case to voluntary arbitration?
Yes. Upon agreement, the parties may bring the matter for resolution before an
accredited voluntary arbitrator of their own choice, in which case the Notice is deemed
automatically withdrawn and dropped from the dockets.
9. What happens in case no settlement is reached?
The union/management may go on strike/lockout provided the following are complied
with:
a) A request to the concerned NCMB regional branch to observe the conduct of the
strike/lockout vote;
b) Actual conduct of strike/lockout vote must be approved through secret ballot by the
majority of the union members/board of directors of the corporation or association or of
the partners in a partnership;
c) The result of the strike or lockout VOTE shall be submitted to the concerned NCMB-
Regional Branch;
d) The union must wait for the lapse of the 7-day mandatory strike ban period from the
submission of the strike/lockout vote results to give NCMB last ditch effort to effect
settlement.
10. What are the periods to be observed before going on strike?
If the ground of the notice of strike is CB deadlock, the cooling-off period is 30 days. If
ULP, 15 days. During these periods, the NCMB shall exert all efforts at the mediation
and conciliation to effect voluntary settlement. If Union Busting, the cooling-off period is
dispensed with but the mandatory 7-day Strike Ban period must be complied with.
11. When may a strike or lockout be declared illegal?
A strike or lockout may be declared illegal if any of the requirements for a valid strike or
lockout is not complied with. It may also be declared illegal if it is based on non-
strikeable issues or if the issues involved are already the subject of arbitration. During a
strike or lockout, when either of the parties commits prohibited acts or practices, the
strike or lockout may be declared illegal.
12. Who has jurisdiction to determine the legality of strike or lockout?
In general, the Labor Arbiter in the appropriate Arbitration Branch of the NLRC has the
power to determine questions involving the legality or illegality of a strike or lockout
upon the filing of a proper complaint and after due hearing.
Where the matter of legality or illegality of a strike is raised in the dispute over which the
Secretary assumed jurisdiction or in compulsory arbitration, the same may be resolved
by the Secretary or the Commission, respectively. (IPI vs. Sec. of Labor and Associated
Labor Unions, G.R. No. 92981-83, January 9, 1992.)
13. Is conciliation-mediation still possible during actual strike or actual lockout?
Yes. Conciliation-mediation can still continue even during an actual strike or lockout to
exhaust all possible remedies and explore solutions mutually acceptable to both parties
in resolving the labor dispute.
14. What may the union do if the ground for notice of strike is ULP that involves
dismissal of union officers?
In case of dismissal of union officers, the 15-day cooling-off period shall not apply and
the union may declare a strike after observing the 7-day mandatory strike ban period
which starts after submission of the strike vote results.
15. What may happen if the dispute is considered to be imbued with national
interest?
The Secretary of Labor and Employment may assume jurisdiction over the dispute or
certify it to the NLRC for compulsory arbitration.
16. Is conciliation-mediation still possible even if the dispute has already been
assumed or certified?
Yes. The duty to bargain collectively continues until all issues involved in the dispute
have been resolved and at any point during the pendency of the case at the Office of
the Secretary or at the NLRC, the parties can still submit the dispute to voluntary
arbitration.
17. What is the effect of assumption of jurisdiction or certification for compulsory
arbitration?
The strike is enjoined and the striking workers after due notice are ordered to
return to work and the management to accept them while the Secretary of Labor
or the NLRC resolves the dispute.
18. What is the effect if the strikers refuse to obey the assumption/certification
order?
The strike becomes a prohibited activity and the strike becomes illegal. The union
officers or members will be deemed dismissed from employment.
19. Can the employer file a petition to declare the strike illegal?
Yes. An employer may file a petition to declare the strike illegal at the NLRC-RAB where
the employer is located.
20. What is the consequence of an illegal strike?
When the strike is held illegal, only the union officers who knowingly participated will be
considered to have lost their employment status. The union members who knowingly
participated in the commission of illegal acts during the strike may be held liable.
21. What is a grievance?
A grievance is any question by either the employer or the union regarding the
interpretation or implementation of the collective bargaining agreement or interpretation
or implementation of company personnel policies or interpretation or implementation of
the productivity incentive programs or wage distortion issues or any claim by either
party that the other party is in violation of any provision of the CBA or company
personnel policies.
22. What are the sources of a grievance?
a. Contract (Collective Bargaining Agreement)
b. Company Personnel Policies and Company Rules and Regulations
c. Company Productivity Incentive Programs
d. Law
e. Past practice
23. What are the types of grievances?
a. Rights disputes – pertain to any violations arising from rights established under
collective agreements, laws, rules and regulations and customary practices.
b. Interests disputes – are often referred to as bargaining deadlock issues which may
also be submitted to voluntary arbitration upon agreement of the parties.
c. Discipline cases – refer to violators of the usual norms or personnel conduct or
behaviour of employees.
24. What are the grounds for a grievance to exist?
a. There is a violation of the CBA provisions. (It arises out of interpretation or
implementation of CBA)
b. A worker has been treated unfairly by some decision or policy of the company. (It
involves a disciplinary action of management)
c. There is violation of law or health and safety regulation.
d. There is violation of a past practice.
e. There is a violation of employer responsibility.
f. Wage distortion issues.
g. Issues arising from the interpretation or implementation of the productivity incentive
programs.
25. Who can file/initiate a Grievance?
a. Aggrieved (individual) employee
b. Group of employees
c. The Union
d. Management or Employer
26. How is a grievance resolved?
The grievance is resolved through the grievance machinery or committee as provided
for in the CBA. The procedure may vary from CBA to CBA, but the ideal procedure shall
be as follows:
a) An employee shall present the grievance or complaint orally or in writing to the shop
steward;
b) If the grievance is valid, the shop steward shall immediately bring the complaint to the
employee’s immediate supervisor;
c) If no settlement is reached, the grievance shall be referred to the grievance
committee which shall have ten (10) days to decide the case. (Rule 19, Sec. 2. D.O. 40-
03)
27. What happens if a grievance is not resolved?
The unresolved issue/s in the grievance shall be submitted to voluntary arbitration.
28. What is Voluntary Arbitration?
Voluntary Arbitration is a mode of settling labor-management dispute by which the
parties select a competent, trained and impartial person who decides on the merits of
the case and whose decision is final, executory and binding. It is the terminal step after
the parties have exhausted their grievance machineries.
29. Who is a voluntary arbitrator?
Any person who has been accredited by the Board as such, or any person named or
designated in the collective bargaining agreement by the parties as their voluntary
arbitrator, or one chosen by the parties with or without the assistance of the Board,
pursuant to a selection procedure agreed upon in the CBA or one appointed by the
Board in case either of the parties to the CBA refuses to submit to voluntary arbitration.
The term includes panel of voluntary arbitrators.
30. What are the kinds of a voluntary arbitrator?
a. Permanent Arbitrator – the voluntary arbitrator specifically named or designated in
the collective bargaining agreement by the parties as their voluntary arbitrator.
b. Ad-hoc-arbitrator – the voluntary arbitrator chosen by the parties in accordance with
the established procedures in the CBA or the one appointed by the Board in case there
is failure in the selection or in case either of the parties to the CBA refuses to submit to
voluntary arbitration.
31. What are the disputes/issues that may be submitted to voluntary arbitration?
a. All unresolved grievances arising from the interpretation or implementation of the
collective bargaining agreement. (Art. 261, Labor Code)
b. All unresolved grievances arising from the implementation or enforcement of
company personnel policies. (Art. 261, LC)
c. All wage distortion issues arising from the application of any wage orders in
organized establishments. (Art. 124, LC)
d. All unresolved grievances arising from the interpretation and implementation of the
productivity incentive programs RA 6971.
e. All other labor disputes including unfair labor practices. (Art. 262, LC)
f. Bargaining deadlocks (Art. 262,LC)
g. Assumed or certified “national interest cases” before or any stage of the compulsory
arbitration process (Art. 263[h], LC)
 h. Illegal dismissal cases under Policy Instruction No. 56 dated April 6, 1993.
32. How does a voluntary Arbitrator or panel of Voluntary Arbitrators acquire
jurisdiction over a case?
Pursuant to DO 40-03 and Revised Procedural Guidelines on VA, a Voluntary Arbitrator
or panel of Voluntary Arbitrators acquire jurisdiction over a specific dispute upon receipt
of the following:
a. submission agreement signed by the parties;
b. notice to arbitrate signed by a party to a CBA with an agreement to arbitrate; or
c. appointment/designation as VA by the National Conciliation and Mediation Board
(NCMB) in either of the following circumstances:
 In the event the parties fail to select an arbitrator; or
 In the event that: a) a NTA is served; b) the CBA does not name in advance an
arbitrator; and c) the other party upon whom the notice is served does not reply
favorably within seven (7) days from receipt of such notice.
33. What is a Submission Agreement?
It is written agreement by the parties submitting their case for arbitration containing the
issues, the chosen arbitrator and stipulation to abide by and comply with the resolution,
including the cost of arbitration.
34. What is the remedy of a party who wants to submit to a Voluntary Arbitration
despite the refusal of the other party after exhaustion of grievance procedure but
the grievance remains unresolved?
Submit the case through a procedure called the Notice to Arbitrate.
35. What is a Notice to Arbitrate?
It is a formal demand made by one party to the other for the arbitration of a particular
dispute in case of refusal of one party to a CBA to submit to arbitration.
36. What is the procedure to a Notice to Arbitrate?
1. The Notice is served upon the unwilling party, copy furnished the permanent arbitrator
and the NCMB Regional Branch having jurisdiction over the workplace;
2. Upon receipt of a notice to arbitrate after the lapse of the seventh-day period within
which to respond, the permanent arbitrator/s shall immediately commence arbitration
proceedings.
3. In the absence of a permanent arbitrator in the CBA, the Board/Branch appoints a
voluntary arbitrator who shall immediately commence arbitration proceedings upon
receipt of such appointment.
37. What is the period required of a voluntary arbitrator or panel of voluntary
arbitrators to render an award or decision?
Unless the parties agree otherwise, a Voluntary Arbitrator or panel of voluntary
arbitrators are mandated to render an award or decision within 20 calendar days from
date of submission for decision.
38. May the parties to a case enter into an amicable settlement of their dispute
pending resolution by the arbitrator?
Yes. In the event that the parties finally settle their dispute during the pendency of the
arbitration proceedings, the terms of settlement shall be reduced into writing and shall
be adopted as the DECISION of the arbitrator.
39. What are the advantages of resorting to voluntary arbitration in the resolution
of a dispute?
a. Speedy
b. Fair
c. Finality of decisions
d. Economical for both in terms of time, money and resources
e. Alternative to Industrial Action
f. Non-litigious, non-adversarial, non-technical
g. Arbitrable issues are not strikeable as mandated by law
40. What is labor-management cooperation?
Labor-management cooperation is a state of relations where labor and management
work hand in hand to accomplish certain goals using mutually acceptable means. It
provides schemes of workers’ participation in decision making process through
information sharing, discussion, consultation and negotiations.
41. Is there a need for labor-management cooperation?
Yes, because labor and management are social partners sharing a common interest in
the success and growth of the enterprise and the economy to promote workers’
participation in decision-making processes, create a labor relations climate conducive to
productivity improvement, improve the quality of working life and achieve and sustain
economic growth.
42. What are the mechanisms to promote labor-management cooperation?
The following are the mechanisms:
a. direct participation mechanisms through small group activities like quality control
circles or productivity improvement circles;
b. indirect participation mechanisms through joint consultative bodies like labor-
management councils or committees;
combination of direct and indirect participation mechanisms like joint bodies and small
group activities.
COLLECTIVE BARGAINING
1. What is Collective Bargaining?
It is a process where the parties agree to fix and administer terms and conditions of
employment which must not be below the minimum standards fixed by law, and set a
mechanism for resolving their grievances.
2.What is Collective Bargaining Agreement (CBA)?
It is a contract executed upon request of either the employer or the exclusive bargaining
representative of the employees incorporating the agreement reached after negotiations
with respect to wages, hours of work and all other terms and conditions of employment,
including proposals for adjusting any grievances or questions under such agreement.
3.Is the ratification of the CBA by the majority of all the workers in the bargaining
unit mandatory?
Yes. The agreement negotiated by the employees’ bargaining agent should be ratified
or approved by the majority of all the workers in the bargaining unit.
4.Is there any exception to the requirement of mandatory ratification by the
majority of all the workers in the bargaining unit?
Yes. Ratification of the CBA by the employees in the bargaining unit is not needed when
the CBA is a product of an arbitral award by appropriate government authority or by a
voluntary arbitrator.
5.What constitutes CBA registration?
It is a process of determining whether the application for registration of a Collective
Bargaining Agreement complies with the Rules on CBA registration specifically Rule
XVII of the Department Order No. 40-03 or the Rules amending the Implementing Rules
of Book V of the Labor Code of the Philippines.
6.What is the effect of the CBA registration?
The registration of the CBA will bar a certification election except within the last sixty
days (freedom period) before the expiration of the five-year CBA.
7.What is the lifetime of a CBA?
With respect to representation aspect, the CBA lasts for 5 years. However, not later
than 3 years after the execution of the CBA, the economic provisions shall be
renegotiated.
8.What is the freedom period?
It refers to the last sixty days immediately preceding the expiration of the five-year CBA.
A petition for certification election may be filed during the freedom period.
9.Where to file the application for CBA registration?
The application for CBA registration shall be filed at the Regional Office that issued the
certificate of registration or certificate of creation of chartered local of the labor union-
party to the agreement.
10.When to file the application for CBA registration?
The application for registration of the CBA shall be filed within thirty (30) days from the
execution of such CBA.
11.What are the requirements for CBA registration?
The following are the requirements for CBA registration (original and two (2) duplicate
copies which must be certified under oath by the representative of the employer and
labor union concerned):
a) The Collective Bargaining Agreement;
b) A statement that the Collective Bargaining Agreement was posted in at least two (2)
conspicuous places in the establishment concerned for at least five (5) days before its
ratification; and
c) A statement that the Collective Bargaining Agreement was ratified by the majority of
the employees in the bargaining unit of the employer concerned.
12.Is registration fee required?
Yes. The certificate of CBA registration shall be issued by the DOLE Regional Office
only upon payment of the prescribed registration fee.
13.How long will it take to process the CBA registration?
The application for CBA registration shall be processed within one day from receipt
thereof.
14.What is the ground for denial of the CBA registration?
Failure of the applicant to complete the requirements for CBA registration but such
denial is without prejudice for the filing of another application for registration.
CERTIFICATION ELECTION
1. What is Certification Election?
Certification election is a process of determining through secret ballot the sole and
exclusive bargaining agent (SEBA) of all the employees in an appropriate bargaining
unit for the purpose of collective bargaining.
2. Where does a union file a petition for certification election (PCE)?
A PCE is filed at the Regional Office which issued the certificate of petitioning union’s
certificate of registration/certificate of creation of chartered local.
3. What are the requirements in filing a PCE?
Among the important requirements are the following:
a) A statement indicating any of the following:

 That the bargaining unit is unorganized or that there is no registered CBA
covering the employees in the bargaining unit;
 If there exists a duly registered CBA, that the petition is filed within the sixty-day
freedom period of such agreement;
 If another union had been previously recognized voluntarily or certified in a valid
certification, consent or run-off election, that the petition is filed outside the one-
year period from entry of voluntary recognition or conduct of certification or run-
off election and no appeal is pending thereon.
b) In an organized establishment, the signature of at least twenty-five (25%) percent of
all employees in the appropriate bargaining unit shall be attached to the petition at the
time of its filing (Section 4, Rule VIII, of the Department Order No. 40-03).
4. What happens after receipt of the PCE?
The petition will be raffled to the Med-Arbiter for preliminary conference to determine,
among others, the bargaining unit to be represented, the contending unions, and the
possibility of consent election.
5. What happens upon approval of the conduct of certification election by the
Mediator-Arbiter?
The PCE will be endorsed to an election officer for the conduct of pre-election
conference wherein the date, time and place of election will be identified, the list of
challenged and eligible voters will be made, as well as the number and location of
polling places.
6.May a PCE be denied?
Yes, a PCE may be denied if:
a) it was filed before or after the freedom period of a registered CBA;
b) the petitioner union is not listed in the DOLE Registry of legitimate labor organization;
or
c) the legal personality of the petitioner-union has been revoked or cancelled with
finality.
7. Who will conduct the CE?
The DOLE Regional Office through the election officer conducts the certification
election.
8.How is the SEBA determined?
The union that garners majority of the valid votes cast in a valid certification election
shall be certified as the SEBA.
9. May election protest be entertained?
Yes, but protest should have been first recorded in the minutes of the election
proceedings.
10.What happens if the petitioner union fails to garner the majority of the valid
votes cast?
There will be no SEBA, but another PCE may be filed one year thereafter.
11. What are the requisites for certification election in organized establishments?
Certification election in organized establishments requires that:
a) a petition questioning the majority status of the incumbent bargaining agent is filed
before the DOLE within the 60-day freedom period;
b) such petition is verified; and
c) the petition is supported by the written consent of at least twenty-five percent (25%)
of all employees in the bargaining unit.
12. What is the requirement for certification election in unorganized
establishments?
Certification election in unorganized establishments shall “automatically” be conducted
upon the filing of a petition for certification election by an independent union or a
federation in behalf of the chartered local or the local/chapter itself.
13. May an employer file a PCE?
Yes, the employer may file a PCE if it is requested to bargain collectively.
14. May an employer extend voluntary recognition to a legitimate labor
organization without filing a PCE?
Yes, management may voluntarily recognize a union if there is no other union in the
company and if other requirements are complied with (Sec. 2, Rule 7 of D.O. 40-03).
15. What is the role of employer in certification election?
The employer shall not be considered a party to a petition for certification election,
whether it is filed by an employer or a legitimate labor organization and shall have no
right to oppose it. Its participation shall be limited only to being notified or informed of
petition for certification election and submitting the certified list of employees or where
necessary, the payrolls (Employer as Bystander Rule).

.
UNFAIR LABOR PRACTICE
1. What is unfair labor practice (ULP)?
ULPs are offenses committed by the employer or labor organization which violate the
constitutional right of workers and employees to self-organization. ULP acts are inimical
to the legitimate interests of both labor and management, disrupt industrial peace and
hinder the promotion of healthy and stable labor-management relations. (Art. 248 of the
Labor Code, as amended)
2. What is the nature of ULP?
ULP is not only a violation of the civil rights of both labor and management, but also a
criminal offense against the State. Criminal ULP cases may be filed with the regular
courts. No criminal prosecution may be instituted, however, without a final judgment
from the NLRC that an unfair labor practice was committed.
3. What are some of the ULPs committed by an employer?
ULP by management are as follows:
a) Requiring as a condition of employment that a person or an employee shall not join a
labor organization or shall withdraw from one to which he belongs;
b) Contracting out services or functions being performed by union members when such
will interfere with, restrain, or coerce employees in the exercise of their right to self-
organization;
c) Discrimination as regards to wages, hours of work, and other terms and conditions of
employment in order to encourage or discourage membership in any labor organization;
and
d) Dismissal, discharge, prejudice or discrimination against an employee for having
given or being about to give testimony under the Labor Code. (Art. 248, 249 of the
Labor Code, as amended)
4. What are some ULPs committed by labor organizations?
A labor organization commits ULP by any of the following violations:
a) Restraint or coercion of employees in the exercise of their right to self-organization:
However, the labor organization shall have the right to prescribe its own rules with
respect to the acquisition or retention of membership; and
b) Causing or attempting to cause an employer to discriminate against an employee,
including discrimination against an employee with respect to whom membership in such
organization has been denied or terminating an employee on any ground other than the
usual terms and conditions under which membership or continuation of membership is
made available to other members.
5. What are ULPs committed by both employers and labor organizations?
ULPs by both management and labor organizations are as follows:
a) Interference, restraint, or coercion of employees in the exercise of their right to self-
organization;
b) Violation of a collective bargaining agreement, when circumstances warrant;
c) Initiating, dominating, assisting or otherwise interfering with the formation or
administration of any labor organization, including the giving of financial or other support
to it or its organizers or supporters;
d) Violation of the duty to bargain collectively; and
e) Payment by employer of negotiation or attorney’s fees and acceptance by the union
or its officers or agents as part of the settlement of any issue in collective bargaining or
any other dispute (Art. 248, 249 of the Labor Code, as amended).
SINGLE ENTRY APPROACH (SENA)
1. What is the Single Entry Approach (SEnA)?
Single Entry Approach is an administrative approach to provide a speedy, impartial,
inexpensive and accessible settlement procedure for all issues/complaints arising from
employer-employee relations to prevent them from ripening into full blown disputes.
Under this approach, all labor and employment disputes shall undergo a 30-day
mandatory conciliation-mediation process to effect settlement among the contending
parties.
2. What are the issues subject to SEnA?
All issues arising from labor and employment which may include the following:
a) Termination or suspension of employment issues;
b) Claims for any sum of money, regardless of amount;
c) Intra-union and inter-union issues except petition for certification election, after
exhaustion of administrative remedies;
d) Unfair labor practices;
e) Closures, retrenchments, redundancies, temporary lay-offs;
f) OFW cases;
g) Occupational safety and health standards issues except those involving imminent
danger situation;
h) Issues arising from other labor and related issuances (OLRI)
i) Any other claims arising from employer-employee relationship; and
j) Cases falling under the administrative and quasi-judicial jurisdiction of all DOLE
offices and attached agencies, including NLRC.
3. What issues are not covered by SEnA?
The following issues are not covered by SEnA:
a) Notices of strikes or lockouts, or preventive mediation cases which shall remain with
the National Conciliation and Mediation Board (NCMB);
b) Issues arising from the interpretation or implementation of the collective bargaining
agreement and those arising from interpretation or enforcement of company personnel
policies which should be processed through the Grievance Machinery and voluntary
arbitration; and
c) Issues involving violations of the following permits, licenses or registrations: (Alien
Employment Permit (AEP), PRPA authority or license, Working child permit (WCP) and
violations of Republic Act No.9231 (Anti-Child Labor Law), Registration under
Department Order No. 18-02, POEA issued licenses under the Migrant Workers’ Act, as
amended, Professional license issued by the PRC, TESDA accreditations; and Other
similar permits, licenses or registrations issued by the DOLE or its attached agencies).
4. Who may file a case under the SEnA?
Any aggrieved worker, union, group of workers or the employer may file a request for
assistance.
5. Where to file or request for SEnA?
Request for SEnA can be filed at the Single Entry Assistance Desk (SEAD) in the region
where the employer principally operates. In case of a union or federation representing a
local chapter, the request shall be made at the regional/provincial/ district office where
the union or local chapter is registered.
6. Where to file labor relations disputes?
Labor relations disputes, particularly illegal dismissals with or without claim for
reinstatement, unfair labor practices, strikes and lockouts and claims for damages, shall
be filed with the Labor Arbiter of the NLRC-Regional Arbitration Branch.
7. Does the action to question one’s dismissal prescribe?
Yes. The action prescribes after 4 years from the date of termination.
8. What is the period of prescription for ULP acts?
One year from the time the cause of action accrued.
9. Where to file union representation disputes?
Union representation disputes shall be filed at the DOLE Regional Office.
10. Where to file inter/intra-union disputes and cancellation of union registration?
Inter-union and intra-union disputes shall be filed at the DOLE Regional Office or
Bureau of Labor Relations.
11. Where to file disputes involving interpretation and implementation of CBA or
company personnel policies?
Disputes involving interpretation and implementation of CBA or company personnel
policies that are not resolved by the Grievance Machinery shall be filed at the NCMB
Regional Branches.
12. Who has the jurisdiction to determine the legality or illegality of
strike/lockout?
The Labor Arbiter at the NLRC-Regional Arbitration Branch determines questions
involving the legality or illegality of a strike/lockout upon the filing of a proper complaint
and after due hearing.
When the issue is of national interest, the Secretary of Labor and Employment may
assume jurisdiction or certify the dispute to the NLRC for compulsory arbitration
(International Pharmaceuticals, Inc. vs. Secretary of Labor, and Associated Labor
Union, 205 SCRA 59, January 9, 1992).
13. May a voluntary arbitrator determine the legality of a strike?
Yes. If the issue is voluntarily and jointly submitted by the parties to voluntary
arbitration, the question may be resolved by the voluntary arbitrator or panel of
voluntary arbitrators.
LABOR MANAGEMENT RELATIONS
Article XIII Sec. 3 of the Philippine Constitution on Labor-Management Relations,
at a Glance:
a) Full protection to labor, local and overseas, organized and unorganized;
b) Full employment and equality of employment opportunities for all;
c) Right of all workers to:
 self-organization, collective bargaining and negotiations;
 engage in peaceful concerted activities, including the right to strike in accordance with
law;
 security of tenure, humane conditions of work and a living wage; and
 participate in policy and decision making processes affecting their rights and benefits as
may to provided by law;
d) Promotion of the principle of shared responsibility between workers and employers;
e) Preferential use of voluntary modes in setting disputes, including conciliation.
f) Recognition of the right of labor to its just share in fruits of production; and
g) Right of enterprises to reasonable return of investment and to expansion and growth.

Article 211 of the Labor Code, as amended by R.A. 6715, on the State Policy on
Labor Relations:
a) To promote and emphasize the primacy of free collective bargaining and
negotiations, including voluntary arbitration, mediation and conciliation, as modes of
settling labor or industrial disputes;
b) To promote free trade unionism as an instrument for the enhancement of democracy
and the promotion of social justice and development;
c) To foster the free and voluntary organization of a strong and united labor movement;
d) To promote the enlightenment of workers concerning their rights and obligations as
union members and as employees;
e) To provide an adequate administrative machinery for the expeditious settlement of
labor or industrial disputes;
f) To ensure a stable but dynamic and just industrial peace; and
g) To ensure the participation of workers in decision and policy-making processes
affecting their rights, duties and welfare.