Strikes: What Constitutes an Illegal Strike and its Consequences for Unions in the Philippines

MARIO TIU AND JONATHAN HAYUHAY, PETITIONER, VS. NATIONAL LABOR COMMISSION AND REPUBLIC BROADCASTING SYSTEM, INC. (CHANNEL 7), RESPONDENT. G.R. No. 123276, August 18, 1997

Imagine a company implementing new guidelines, intending to streamline operations. The union believes these guidelines violate their collective bargaining agreement. Tensions rise, and a strike ensues. But was the strike legal? The Supreme Court case of Mario Tiu and Jonathan Hayuhay v. National Labor Relations Commission and Republic Broadcasting System, Inc. (Channel 7) provides critical insights into the legality of strikes, the obligations of unions, and the rights of employers in the Philippines.

This case underscores the importance of adhering to procedural requirements and substantiating claims of unfair labor practices before resorting to a strike. It serves as a crucial reminder for unions to exhaust all available remedies, including grievance mechanisms and conciliation proceedings, before taking such drastic action.

Understanding Legal Strikes in the Philippines

Strikes are a powerful tool for workers to assert their rights. However, Philippine law sets specific requirements to ensure strikes are conducted fairly and responsibly. Failure to comply with these rules can render a strike illegal, exposing union members to serious consequences.

The Labor Code of the Philippines outlines the conditions under which a strike is permissible. Key provisions include:

• Notice of Strike: A union must file a notice of strike with the National Conciliation and Mediation Board (NCMB) at least 30 days before the intended date. For unfair labor practices, this is shortened to 15 days. This notice must detail the grounds for the strike.
• Strike Vote: A majority of the union members must vote in favor of the strike through a secret ballot. The results must be submitted to the NCMB at least 24 hours before the strike commences.
• Grounds for Strike: Strikes are generally permissible in cases of unresolved economic issues or unfair labor practices committed by the employer.
• Cooling-Off Period: A mandatory cooling-off period must be observed between the filing of the notice of strike and the actual strike. This allows time for conciliation and mediation efforts to resolve the dispute.

Rule XIII, Section 4, Book V of the Implementing Rules of the Labor Code emphasizes the importance of specifying the acts complained of in the notice of strike: “x x x x. In cases of unfair labor practices, the notice of strike shall as far as practicable, state the acts complained of and he efforts to resolve the dispute amicably.”

Failure to comply with these requirements can lead to a declaration of illegality, potentially resulting in the dismissal of union officers and members who participate knowingly in the strike.

The Republic Broadcasting System Case: A Detailed Breakdown

In 1991, Republic Broadcasting System, Inc. (RBS), also known as GMA Channel 7, implemented new guidelines regarding employee leaves and overtime. The GMA Channel 7 Employees Union (GMAEU) viewed these guidelines as a violation of their collective bargaining agreement (CBA).

Here’s a chronological look at the events leading to the Supreme Court case:

1. June 11, 1991: RBS furnished GMAEU with a copy of the new guidelines, requesting comments.
2. June 25, 1991: RBS officially issued the implementing guidelines.
3. June 26, 1991: GMAEU sent a letter to RBS, arguing the guidelines violated the CBA, rendered CBA provisions nugatory, and diminished employee benefits.
4. July 3 & 10, 1991: RBS management and GMAEU officials met to discuss the issues, but the union refused further talks.
5. July 12, 1991: GMAEU filed a Notice of Strike with the NCMB, alleging unfair labor practices (ULP) by RBS, including gross violation of the CBA, employee coercion, union interference, and discrimination.
6. July 16, 1991: The Union held a strike vote even before the conciliation meeting with NCMB.
7. August 2, 1991: The union went on strike. RBS filed a complaint for illegal strike and unfair labor practice against GMAEU and its officers. The Secretary of Labor assumed jurisdiction and certified the case to the NLRC for compulsory arbitration.

The Labor Arbiter declared the strike illegal, a decision affirmed by the NLRC. Key reasons cited included:

• The notice of strike lacked specific charges of unfair labor practices.
• Absence of evidence proving compliance with the mandatory cooling-off period and strike vote requirements.
• No strikeable grounds existed, as there was no bargaining deadlock and the alleged CBA violations lacked factual and legal basis.
• Violation of the CBA’s no-strike clause.

The Supreme Court ultimately upheld the NLRC’s decision, emphasizing the union’s failure to substantiate its claims and adhere to procedural requirements. As the Supreme Court stated, “The evidence show that the union anchored its position on alleged unfair labor practices in order to evade not only the grievance machinery but also the no strike clause in their collective bargaining agreement with RBS.”

The Court also noted, “It is not enough that the union believed that the employer committed acts of unfair labor practice when the circumstances clearly negate even a prima facie showing to warrant such a belief.”

Practical Implications for Unions and Employers

This case reinforces the importance of due diligence and adherence to legal procedures for both unions and employers. For unions, it highlights the need to thoroughly investigate and document claims of unfair labor practices before resorting to a strike.

For employers, it underscores the importance of maintaining open communication with unions and addressing grievances promptly and fairly.

Key Lessons:

• Substantiate Claims: Unions must provide concrete evidence to support allegations of unfair labor practices. Vague or unsubstantiated claims will not justify a strike.
• Follow Procedures: Strict compliance with the procedural requirements of the Labor Code is crucial. This includes filing a proper notice of strike, conducting a valid strike vote, and observing the cooling-off period.
• Exhaust Remedies: Unions should exhaust all available remedies, such as grievance mechanisms and conciliation proceedings, before resorting to a strike.
• Communicate Effectively: Employers should maintain open communication with unions and address grievances promptly and fairly to prevent disputes from escalating.

Frequently Asked Questions (FAQs)

Q: What is a notice of strike, and why is it important?

A: A notice of strike is a formal notification filed by a union with the NCMB, informing the employer and the government of the union’s intention to strike. It is important because it triggers the conciliation process and provides a cooling-off period for both parties to attempt to resolve the dispute.

Q: What constitutes an unfair labor practice?

A: Unfair labor practices are acts committed by either the employer or the union that violate the rights of employees or interfere with their right to self-organization. Examples include discrimination, union busting, and refusal to bargain in good faith.

Q: What is a cooling-off period?

A: A cooling-off period is a mandatory waiting period between the filing of a notice of strike and the actual commencement of the strike. This period allows for conciliation and mediation efforts to resolve the dispute.

Q: What are the consequences of an illegal strike?

A: Employees who participate in an illegal strike may face disciplinary action, including dismissal from employment. Union officers who knowingly participate in an illegal strike may also lose their employment status.

Q: What is a ‘no-strike’ clause in a CBA?

A: A ‘no-strike’ clause is a provision in a collective bargaining agreement where the union agrees not to strike during the term of the agreement, usually in exchange for the employer’s commitment to a grievance procedure.

Q: How does the assumption of jurisdiction by the Secretary of Labor affect a strike?

A: When the Secretary of Labor assumes jurisdiction over a labor dispute, it effectively suspends any ongoing strike or lockout. The parties are required to cease their actions and submit the dispute to the Secretary for resolution.

Q: What should unions do if they believe their employer is committing unfair labor practices?

A: Unions should document all instances of alleged unfair labor practices, attempt to resolve the issues through grievance procedures or negotiations, and consult with legal counsel to determine the best course of action.

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