Practice question
Duly elected union officers are dismissed in circumstances established to constitute union busting that threatens the union’s existence. After a valid strike vote, the union reports the results to NCMB and begins its strike the next morning, arguing that the exception waives every waiting period. Assume the other relevant facts are established. Which is correct?
- The waiver of the fifteen-day cooling-off period does not dispense with the mandatory seven-day period after reporting the strike-vote results.
- The exception automatically eliminates the vote itself.
- Any dismissal of any member waives every requirement.
- Reporting results is optional whenever ULP is alleged.
- The seven-day requirement applies only to wage disputes.
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 219(o)–(p) and 278–279.
- Bigg’s Inc. v Boncacas, G.R. Nos. 200487 and 200636, March 6, 2019, strike notice, vote and reporting periods: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/14/65274
- SSS Employees Association v Court of Appeals, G.R. No. 85279, July 28, 1989, civil-service employees’ strike prohibition: https://lawphil.net/judjuris/juri1989/jul1989/gr_85279_1989.html
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