SC Affirms NLRC Declaration of Union’s Strike Illegal for Violation of CBA's No Strike-No Lockout Provision

      In a March 2012 decision, the Supreme Court (SC) affirm the decisions of the Labor Arbiter and the NLRC in declaring the strike staged by the Union, participated in by the Union officers and members, illegal for violating the no strike-no lockout provision of the CBA which enjoined both the Union and the company from resorting to the use of economic weapons available to them under the law and to instead take recourse to voluntary arbitration in settling their disputes.

      The case stems from the negotiation between the employer and the Union on the economic provisions of the CBA ended in a deadlock prompting the Union to stage a strike. The Labor Arbiter however declared the strike illegal for having been staged in violation of the CBA’s no strike-no lockout provision. The NLRC affirmed the Labor Arbiter decision as it declared the strike illegal and ordered the Union officers dismissed  

       “We, therefore, find no reason to depart from such conclusion. Article 264 (a) of the Labor Code lays down the liabilities of the Union officers and members participating in illegal strikes and/or committing illegal acts,” the Supreme Court said.

       “Thus, the above-quoted provision sanctions the dismissal of a Union officer who knowingly participates in an illegal strike or who knowingly participates in the commission of illegal acts during a lawful strike. In this case, the Union officers were in clear breach of the above provision of law when they knowingly participated in the illegal strike”, as the Court expounded the decisions of the Labor Arbiter. (C. Alcantara & Sons, Inc. vs. Court of Appeals, et. al., G.R. No. 155109, March 14, 2012)


Research, Information and Publications Division

National Labor Relations Commission