1. Who are the parties concern in ULP?

ANSWER: A ULP may be committed by an employer or by a labor

organization. Article 248 describes the ULPs that may be committed
by an employer; while Article 249 enumerates those which may be
committed by a labor organization.

2. Discuss the criminal aspect of ULP and the parties who mau be
criminally liable thereof.

ANSWER: On the part of the employer, only the officers and agents
of corporations, associations or partnerships who have actually
participated in or authorized or ratified ULPs are criminally liable.

On the part of the union, only the officers, members of governing

boards, representatives or agents or members of labor associations
or organizations who have actually participated in or authorized or
ratified the ULPs are criminally liable.

5. Union Clause and its kind

ANSWER: The “union security clause” allows the parties thereto to

enter into an agreement requiring compulsory membership in the
bargaining agent which successfully negotiated said CBA as a
condition for continued employment with the exception of
employees who are already members of another union at the time
of the signing of the CBA.

KINDS

1. Closed-shop agreement;
2. M a i n t e n a n c e of
membership agreement;
3. Union shop agreement;
4. M o d i f i e d u n i o n s h o p
agreement;
5. E x c l u s i v e b a r g a i n i n g
agreement;
6. Bargaining for members
only agreement;
7. Agency shop agreement;
or
8. P r e f e r e n t i a l h i r i n g
agreement. 

6. What are the procedural but mandatory requirement of a lawful
strike or lockout.

1st requisite - It must be based on a valid and factual ground;


2nd requisite - A notice of strike must be filed with the NCMB-DOLE;

3rd requisite - A notice must be served to the NCMB-DOLE at least

twenty-four (24) hours prior to the taking of the strike vote by secret
balloting, informing said office of the decision to conduct a strike
vote, and the date, place, and time thereof;

4th requisite - A strike vote must be taken where a majority of the

members of the union obtained by secret ballot in a meeting called
for the purpose, must approve it;

5th requisite - A strike vote report should be submitted to the

NCMB-DOLE at least seven (7) days before the intended date of
the strike;

6th requisite - Except in cases of union-busting, the cooling-off

period of 15 days, in case of unfair labor practices of the employer,
or 30 days, in case of collective bargaining deadlock, should be fully
observed; and

7th requisite - The 7-day waiting period/strike ban reckoned after

the submission of the strike vote report to the NCMB-DOLE should
also be fully observed in all cases.
7. What is the power of DOLE SEC to assume jursidiction over a labor
disupute or certification of Labor arbiter to the NLRC for compulsory
arbitration.

ANSWER: Article 263(g) of the Labor Code provides that when in

the opinion of the DOLE Secretary, the labor dispute causes or will
likely to cause a strike or lockout in an industry indispensable to the
national interest, he is empowered to do either of 2 things:

1. He may assume jurisdiction over the labor dispute and decide it

himself; or

2. He may certify it to the NLRC for compulsory arbitration, in which
case, it will be the NLRC which shall hear and decide it.

This power may be exercised by the DOLE Secretary even before

the actual staging of a strike or lockout since Article 263(g) does not
require the existence of a strike or lockout but only of a labor
dispute involving national interest.

8. What is the effect of such assumption or certification of labor

dispute to the NLRC.

ANSWER: The defiance by the union, its officers and members of

the Labor Secretary's assumption of jurisdiction or certification order
constitutes a valid ground for dismissal.
The following are the justifications:

1. A strike that is undertaken after the issuance by the DOLE

Secretary of an assumption or certification order becomes a
prohibited activity and thus illegal. The defiant striking
union officers and members, as a result, are deemed to
have lost their employment status for having knowingly
participated in an illegal strike.

1. From the moment a worker defies a return-to work order, he is

deemed to have abandoned his job.

2. By so defying, the workers have forfeited their right to be

readmitted to work. 

9. May a strike/lockout be enjoined

ANSWER: As a general rule, strikes and lockouts that are validly

declared enjoy the protection of the law and cannot be enjoined
unless illegal acts are committed or threatened to be committed in
the course thereof. In the case of strikes, this policy applies even if
the strike appears to be illegal in nature. The rationale for this policy
is the protection extended to the right to strike under the
Constitution and the law. It is basically treated as a weapon that the
law guarantees to employees for the advancement of their interest
and for their protection.

EXCEPTIONS WHEN THE STRIKE ITSELF MAY BE ENJOINED.

However, in some cases, injunctions issued to enjoin the conduct of

the strike itself and not only the commission of illegal or prohibited
acts in the course thereof, were held to be valid.

10. Who has jurisdiction to determine the legality of strike and

lockout.