Flashcards Studio

Brightline Manufacturing Corp., a private firm with about 600 employees, is represented by the Brightline Workers Union (BWU), the exclusive bargaining agent. After months of bargaining over a new collective bargaining agreement, BWU calls a three-day peaceful strike with a picket line at the main gate and a partial work stoppage in three departments. 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 (NCMB) to resolve the dispute. There is no violence or property damage; production is paused only in the affected departments, while other departments continue to operate. Management contends the strike is unlawful for two reasons: (i) the issues fall outside a legitimate labor dispute; and (ii) a partial stoppage in only a portion of the plant 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 BWU strike lawful? Are there potential liabilities for the union or the employer?