Lockout by the employer

1. Concepts

Lockout – refers to the temporary refusal of an employer to furnish work as a result of a labor or industrial dispute. (No. 20, Rule III, 2017 Revised NCMB Manual of Procedures for Conciliation and Prevention Mediation Cases)

Lockout vote – refers to the majority vote of the members of the Board of Directors/Trustees of the corporation or association or of the partners in a partnership obtained by secret ballot in a meeting called for that purpose. (No. 21, Ibid.)

Notice of lockout – refers to the notification filed by a registered labor union with the appropriate Regional Branch informing the latter of its intention to go on strike due to alleged commission by the employer of unfair labor practice act/s or a deadlock in collective bargaining negotiations. (No. 26, Ibid.)

2. Grounds for lockout

Grounds for lockout:1) Bargaining deadlocks;2) Unfair labor practices; and3) Violations of collective bargaining agreements, except flagrant and/or malicious refusal to comply with its economic provisions. (Section 1, Rule XIII, Book V, Omnibus Rules Implementing the Labor Code)

3. Mandatory procedural requirements

a. Who may declare a lockout

The employer may declare a lockout in the same cases. (Section 2, Rule XIII, Ibid.)

b. Notice of lockout

In cases of bargaining deadlocks, a notice of… lockout shall be filed with the regional branch of the Board at least thirty (30) days before the intended date thereof, a copy of said notice having bee...


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