Strikes and Lockouts (Labor Review)
Strikes and Lockouts (Labor Review)
Strikes and Lockouts (Labor Review)
Answer: No, the picketing activity itself cannot be curtailed. What can
be curtailed are the illegal acts being done in the course of the
picketing. However, it this is a “national interest” case under Article
263(g), the strike or work stoppage may be stopped by the power of
assumption of jurisdiction or certification of the case to the National
Labor Relations Commission (Nagkakaisang Mangagawa sa Cuison
Hotel vs. Libron, 1983).
2008 Bar Question No. XIII: The rank-and-file union staged a strike in
the company premises which caused the disruption of business
operations. The supervisors union of the same company filed a money
claim for unpaid salaries for the duration of the strike, arguing that the
supervisors’ failure to report for work was not attributable to them. The
company contended that it was equally faultless, for the strike was not
the direct consequence of any lockout or unfair labor practice. May the
company be held liable for the salaries of the supervisor? Decide.
Answer: No, following the “no work, no pay” principle, the supervisors
are not entitled to their money claim for unpaid salaries. They should
not be compensated for services skipped during the strike. The
age-old rule governing the relation between labor and capital, or
management and employee of a “fair day’s wage for a fair day’s labor”
remains as the basic factor in determining the employees’ wage
(Aklan Electric Cooperative, Inc. vs. NLRC, GR No. 121439).
1995 Bar Question No. XIV: If the strike is illegal, will the strikers be
entitled to their wages for the duration of the strike? Explain.
Answer: No, the applicable doctrine will be: No work, no pay, unless
there is an agreement to pay strike duration pay.
Part I
2009 Bar Question No. IX (a): Can a labor union invoke wage
distortion as a valid ground to go on strike? Explain.
Answer: No, the existence of wage distortion is not a valid ground for
staging a strike because Article 124 of the Labor Code provides for a
specific method or procedure for correcting wage distortion. The
legislative intent that solution of the problem of wage distortion shall
be sought by voluntary arbitration and not by strikes, lockouts, or other
concerted activities of the employees or the management. Any issue
involving wage distortion shall not be a ground for a strike or lockout.
(Ilaw at Buklod ng Mangagawa vs. NLRC, 1991).