Strike by the union or workers

1. Concepts

“Strike” – means any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute. (Article 219[o], P.D. 442, Labor Code)

To strike is to withhold or to stop work by the concerted action of employees as a result of an industrial or labor dispute. The work stoppage may be accompanied by picketing by the striking employees outside of the company compound. While a strike focuses on stoppage of work, picketing focuses on publicizing the labor dispute and its incidents to inform the public of what is happening in the company struck against. (PHIMCO Industries, Inc. v. PHIMCO Industries Labor Association [PILA], G.R. No. 170830, 11 August 2010)

A strike is the most powerful weapon of workers in their struggle with management in the course of setting their terms and conditions of employment. Because it is premised on the concept of economic war between labor and management, it is a weapon that can either breathe life to or destroy the union and its members, and one that must also necessarily affect management and its members. (PHIMCO Industries, Inc. v. PHIMCO Industries Labor Association [PILA], G.R. No. 170830, 11 August 2010)

“Strike-breaker” – means any person who obstructs, impedes, or interferes with by force, violence, coercion, threats, or intimidation any peaceful picketing affecting wages, hours or conditions of work or in the exercise of the right of self-organization or collective bargaining. (Arti...

 



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