Practice question
A union has completed a valid strike vote, but before the planned strike a valid Article 278(g) order covers the dispute and enjoins the intended action. May the union proceed solely because its vote occurred first?
- Yes, a vote overrides every later order.
- Yes, if all officers agree.
- Yes, if the employer also dislikes the order.
- No; the applicable assumption or certification order enjoins the intended strike notwithstanding the earlier vote.
- No, because strike voting itself is always unlawful.
Legal references
- Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Articles 278(g)–(i) and 279(a).
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