Commission may also seek assistance of law

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Unformatted text preview: 
 and
 conciliating
 Procedural
 requirements,
 mandatory;
 non­observance
 makes
 strike
illegal
 o National
Federation
of
Sugar
Workers
v.
Ovejera
 It
must
be
stressed
that
the
requirements
of
cooling­ off
 period
 and
 7­day
 strike
 ban
 must
 both
 be
 complied
with,
although
the
labor
union
may
take
a
 strike
vote
and
report
the
same
within
the
statutory
 cooling­off
period.
 Many
disastrous
strikes
have
been
staged
in
the
past
 based
 merely
 on
 the
 insistence
 of
 minority
 groups
 within
the
union.
The
submission
of
the
report
gives
 assurance
that
a
strike
vote
has
been
taken
and
that,
 if
the
report
concerning
it
is
false,
the
majority
of
the
 members
 can
 take
 appropriate
 remedy
 before
 it
 is
 too
late.
 o GoldCity
Integrated
Port
Services,
Inc.
(INPORT)
v.
NLRC
 Employees
 stopped
 working.
 These
 employees
 were
 all
 members
 of
 the
 Union
 with
 whom
 petitioner
 had
 an
 existing
 CBA.
 On
 the
 same
 morning,
 the
 strikers
 filed
 individual
 notices
 of
 strike.
 The
 strike
 was
 illegal
 for
 failure
 to
 comply
 with
 the
 requirements
of
Article
264.
The
individual
notices
of
 strike
 filed
 by
 the
 workers
 did
 not
 conform
 to
 the
 notice
required
by
the
law
to
be
filed
since
they
were
 represented
 by
 a
 union.
 Neither
 did
 the
 striking
 workers
 observe
 the
 strike
 vote
 by
 secret
 ballot,
 cooling­off
period
and
reporting
requirements.
 o Union
of
Filipro
Employees
v.
Nestle
 NLRC
upheld
the
illegality
of
the
strikes
and
gave
the
 following
 reasons:
 (1)
 strike
 was
 in
 violation
 of
 the
 existing
 CBA
 provisions
 on
 “No
 Strike/No
 Lockout
 Clause”;
(2)
did
not
exhaust
all
steps
provided
for
in
 the
 grievance
 machinery;
 (3)
 prescribed
 mandatory
 cooling­off
 period
 and
 the
 7­day
 strike
 ban
 after
 submission
 of
 the
 report
 of
 strike
 vote
 were
 not
 complied
 with;
 (4)
 in
 carrying
 out
 the
 strike,
 coercion,
 force,
 intimidation,
 violence
 with
 physical
 injuries,
 sabotage,
 and
 the
 use
 of
 unnecessary
 and
 obscene
language
or
epithets
were
committed
by
the
 respondent
officials
and
members
 Strike
on
installment:
work
slowdown
and
overtime
boycott
 o “Overtime
boycott”
and
“work
slowdown”
=
illegal
strike
 o Can
be
classified
as
a
strike
on
installment
basis
 o Willful
 reduction
 in
 the
 rate
 of
 work
 by
 concerted
 action
 of
 workers
 for
 the
...
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