1.

The law defines lockout as the temporary refusal of an employer to

furnish work as a result of an industrial or labor dispute.
The refusal of an employer, to furnish work due to business reverses
is not, in legal contemplation, a lockout as business reverses is neither
industrial nor labor dispute.
Contractual Employees, though employed only for a fixed duration,
are entitled to security of tenure and, like regular employees, cannot
be severed from their employment sans a valid or just cause before
the expiration of the period fixed in the contract.
2. By strike is meant the temporary stoppage of work by the concerted
action of the employees as a result of an industrial or labor dispute.
A labor dispute exist where there is controversy between
the
employers and its employees concerning terms or conditions of
employment.
The controversy between the parties concerning overtime work
relates to condition of employment and can be
considered
a
labor dispute and the concerted refusal of the
employees
to
render overtime work can be classified a strike on an installment
basis.
Such a strike is illegal as a strike may legally be held only as
a
result of collective bargaining deadlock and/or unfair
labor
practice.
3. The requisites of a valid strike/lockout are as follows:
(a) a strike or lockout notice shall be filed with the labor department
at least 15 days if the issues raised are unfair labor practice or at least
30 days if the issue involved bargaining deadlock.
(b) the strike or lockout shall be supported by a majority vote of the
members of the union or of the members of the board of directors of
corporations or associations or partnership, obtained by secret ballot
in a meeting called for the purpose; and

(c) strike lockout vote shall be reported to the labor department at

least 7 days before the intended strike or lockout.

4. The valid grounds for strike are:

a. Collective Bargaining Deadlock on economic provisions; and
b. Unfair Labor Practice committed by the employer or the union.

5. Improved offer balloting is a referendum by secret ballot conducted

by the DOLE on or before the 30 th day of the strike on the improved
offer of the employer. When at least a majority of the union members
vote to accept the offer the workers shall immediately return to work
and the employer shall readmit them upon signing of the agreement.
Reduced offer balloting is a referendum by secret ballot
conducted by
the DOLE on or before the 30th day of the lockout on
the reduced
offer of the union. Where the majority of the
governing body of the employer accepts the offer the workers shall
immediately return to worth and the employer shall readmit them
Both are innovative means of shortening a strike or lockout.

6. No. the strike is illegal because the company is under no legal

obligation to negotiate with the union.
While it is the mutual obligation of the parties to bargain, the
employer may only be compelled to negotiate if the union
possesses the status of majority representation acquired
through any of the
means provided by the labor code and
such status is sufficiently
established by competent proof.
Here, the union failed to prove that it is the certified exclusive
bargaining representative of the rank and file employees of the
company.

no

The company therefore has no duty to negotiate and committed

unfair labor practive that may justify strike.

7.
8. Yes. Violence by employees during a strike renders it illegal.
In A. Soriano Aviation vs. Employees Association of A.S.A, the
Supreme Court held, in substance that, even if the purpose of a strike
is valid, the strike may still be declared illegal when the means
employed are illegal.
Thus, employment of violence even if sporadic and on nonconsecutive days renders an otherwise lawful strike illegal.

9. A distinction must be made between an employee who is a union

officer and an employee who is a mere union member.
Union officers who knowingly participate in an illegal strike or
commit an illegal act during the strike may lose their employment.
On the other hand, employees who are mere members of the
union may lose their employment only if they knowingly participate
in the commission of illegal acts during the strike.

10. A wildcat strike is one declared and staged without filing the
required notice to strike and without approval of the recognized
bargaining agent.