Flashcards Studio

Marina Freight, Inc., a private shipping company with 300 employees, is represented by the Marina Freight Workers Union (MFWU) as its exclusive bargaining agent. After months of bargaining over a new collective bargaining agreement focusing on overtime scheduling and the allocation of remote monitoring for shipments, MFWU calls a four-day peaceful strike with a picket line at the company gate and a partial work stoppage in two departments (loading/unloading and scheduling). The union has given written notice to the employer and to the Department of Labor and Employment, and has sought assistance from the National Conciliation and Mediation Board for resolution. There is no violence or property damage; production is paused only in the affected departments and non-striking sections continue to operate. The strike ends when management agrees to a meeting to resume negotiations. The employer contends the strike is unlawful for two reasons: (i) the issues fall outside a legitimate labor dispute; and (ii) a partial stoppage in a subset of the works renders the strike unlawful. (a) Identify the controlling doctrine governing strikes in the Philippines. (b) Distinguish between a lawful strike and an unlawful strike under the Labor Code. (c) Apply the doctrine to the facts: Is the Marina Freight strike lawful? Are there potential liabilities for the union or the employer?