Article 242. Right to be furnished with financial statement

To better equip the union in preparing for or in negotiating with the employer, the law gives it the right to be furnished with the employer’s audited financial statements.

There are four points in time when the union may ask in writing for these statements:

1. After the union has been recognized by the employer as sole bargaining representative of the employees in the bargaining unit; or

2. After the union is certified by DOLE as such sole bargaining representative; or3. During the collective bargaining negotiation; or4. Within the last 60 days of the life of a CBA

Under Article 263, the last 60 days of the CBA is the time to give notice to terminate or modify the CBA. Therefore, this is the time also for the union to GATHER FRESH INFORMATION on the FINANCIAL CONDITION of the company as to enable it to prepare intelligently for the forthcoming CBA renegotiation.

The audited financial statements, including the balance sheet and the profit and loss statement, should be provided by the employer within 30 calendar days after receipt of the union’s written request.

ARTICLE 255. EXCLUSIVE BARGAINING REPRESENTATION AND WORKERS’ PARTICIPATION IN POLICY AND DECISION MAKING.

The labor organization designated or selected by the MAJORITY of the EMPLOYEES in an appropriate collective bargaining unit shall be:

The exclusive representative of the employees in such unit for the purpose of collective bargaining.However, an individual employee or group of employees shall have the right at any time to present grievances to their employer.

Workers shall have the right to PARTICIPATE in POLICY AND DECISION-MAKING PROCESSESS of the establishment where they are employed insofar as the said processes will:

Directly affect their rights, benefits and welfare. This right is subject to the rules that the SOLE may promulgate.

For this purpose, workers and employees may form LABOR-MANAGEMENT COUNCILS.

The representatives of the workers in such council shall be elected by at least the majority of all employees in said establishment.

Article 263. Right to engage in peaceful concerted activities.

Workers shall have the right to engage in concerted activities for purposes of collective bargaining or for their mutual benefit and protection.

The right of legitimate labor organizations to strike and picket, and of employers to lockout, consistent with the national interest, shall continue to be recognized and respected.

However, no labor union may strike and no employer may declare a lockout on grounds involving inter-union and intra-union disputes.

NOTES:

“Peaceful concerted activities,” includes everything short of strike.

Jurisprudentially defined, “concerted” activity is one undertaken by two or more employees, or by one on behalf of others.

Even a conversation, “although it involves only a speaker and a listener,” may constitute a concerted activity if it has some relation to group action in the interest of employees.

NATURE OF STRIKE

A strike has been defined as a cessation of work by employees in an effort to get more favorable terms for themselves, or as a concerted refusal by employees to do any work for their employer, or to work at their customary rate of speed, until the object of the strike is attained by the employer’s granting the demanded concession.

A strike may legally be held because of either both (1) a collective bargaining deadlock, or (2) an unfair labor practice act of the employer.

Characteristics.

1. There must be an established relationship between the strikers and the person or persons against whom the strike is called.

2. The relationship must be one of employer and employee3. The existence of a dispute between the parties and the utilization by labor of the weapon of

concerted refusal to work as a means of persuading, or coercing compliance with the working men’s demands

4. The contention advanced by the workers that although work ceases, the employment relation is deemed to continue albeit in a state of belligerent suspension

5. There is work stoppage, which stoppage is temporary6. The work stoppage is done through concerted action of the employees7. The striking group is a legitimate labor organization and, in case of bargaining deadlock, is the

employees’ sole bargaining representative.

Basic Objective

The idea behind a strike is that a company engaged in profitable business cannot afford to have its production or activities interrupted, much less paralyzed.

Any interruption or stoppage of production spells loss, even disaster.

The capital invested in machinery, factory and other properties connected with the business would be unproductive during a strike.

Knowing this, the strikers by going on strike seek to interrupt and paralyze the business and production of the company. The employer is on the defensive. It almost invariably wants the strike stopped and the strikers back to work so as to resume production.

Because of this threat or danger of loss to the company, it does not infrequently give in to the demands of the strikers, just so it can maintain the continuity of its production.