FOURTEETH CONGRESS OF THE REPUBLIC} 
OF THE PHILIPPINES 
} 
THIRD REGULAR SESSION 
} 
i 
. : 0 
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SENATE BILL NO. 
8~'Pl:... 
. ~.
" 
"'~'" c~:' 
~IC'..,....,."! 
~_r""""''''
~,;tC'I'\I''-V.v ''I 
Introduced by Senator Jinggoy Ejercito Estrada 
" 
EXPLANATORY NOTES 
The 1987 Constitution provides that the State "shall guarantee the rights of all 
workers to self-organization, collective bargaining and negotiations... 
11 
Our nation is also a Signatory to the ILO Convention <on the Right to Organize 
and Bargain Collectively (Convention No. 98). 
Unfortunately, based on the statistics of the Department of Labor and 
Employment, the State has failed, and has failed miserably, in protecting the right to 
self-organization and collective bargaining. Records from the DOLE reveal that in 2008 
there are only 118,000 workers covered by Collective Bargaining Agreements (CBA/s). It 
is also. common knowledge that most workers are now only casual or contractual 
workers whose employment are illegally terminated before the end of six months; 
hence, it is almost impossible for them to join a union, even as the Labor Code allows 
them to do so on the very first day of employment. 
Thus, it is essential that the State, by passing this bill, make it easier for the 
workers to organize by allowing a national union or a federation, which issued the 
charter certificate to the local chapter, to itself file the petition for certification election, 
thus shielding the local officers from harassment and discrimination. 
This bill likewise allows both labor and management to demand multi-unit and/or 
multi-employer bargaining. With regard to a single employer with more than one 
bargaining unit, this would rationalize the negotiating process since the entire 
workforce, including rank-and-file, supervisory, and managerial employees get their 
salaries from the same pie. 
With regard to multi-employer bargaining, this will allow workers in the same 
industry to bargain collectively, as practiced in the developed countries, including those 
in Europe. 
Also, both the workers and their employers will be able to save time, effort and 
cost and simplify CBA negotiations by allowing each or both of them to demand muti­
employer and/or multi-unit bargaining. 
Equally important is the ability of workers to demand up-to-date financial 
statements which could serve as reasonable baSis for their demands. This will translate 
to more responsible unionism. 


'. 
FinaUy, this bill will return the term of CBAs to three years, instead of the 
current five years. This will do away with the need to negotiate for the much 
shorter last two years of an existing CBA.. The confusion as to when a CBA starts 
and ends will also be removed. The same will ,also allow the parties to come 
together along industry lines much sooner. 
For these reasons, the passage of this bill is urgently requested. 
Senator 
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1 
FOUR"rEETH CONGRESS OF THE REPUBUC) 
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OF THE PH:[LIPPINES 
) 
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4 
THIRD REGULAR SESSION 
} 
:!o 
.t I 
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SENATE BILL NO . . 3501' 
... 
'
.,,., 
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,f;sr: 
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l\{t;f"'I 8\1': 
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Introduced by Senator JINGGOY EJERCITO ESTRADA 
11 
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AN ACT STRENGTHENING THE WORKERS' CONSTITUTIONAL RIGHT TO 
13 
COLLECTIVE BARGAINING, REPEALING AND REPLACING FOR THE 
14 
PURPOSE PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE 
KNOWN AS THE LABOR CODE OF THE PHIL~PPINES 
16 
17 
Be it enacted by the Senate and House ofRepresentatives of the Philippines in 
18 
Congress assembled. 
19 
SECTION 1. Article 234-A of the Presidential' Decree No. 422, as amenDed, 
21 
otherwise known as the Labor Code of the Philippines is hereby repealed and 
22 
replaced with the following provisions: 
23 
24 
\\ART. 234-A. CHARTERING AND CREATION OF A LOCAL CHAPTER. - A 
DULY REGISTERED FEDERATION OR NATIONAL UNION MAY DIRECrLY 
26 
CREATE A LOCAL CHAPTER BY ISSUING A CHARTER CERTIFICATE 
27 
INDICATING THE ESTABLISHMENT OF THE LOCAL CHAPTER. THE 
28 
CHAPTER SHALL ACQUIRE LEGAL PERSO~ALITY UPON THE ISSUANCE OF 
29 
THE CHARTER CERTIFICATE; PROVIDED THAT, THE FEDERATION OR 
THE NATIONAL UNION WHICH ISSUED THE CHARTER CERTIFICATE MAY 
31 
ITSELF FILE THE PETITION FOR CERTIFICATION ELECTION AND MAY 
, 
32 
REPRESENT THE LOCAL CHAPTER AND ITS MEMBERS IN ALL OF THE 
33 
DIFFERENT STAGES OF THE PETITION ,FOR CERTIFICATION ELECTION 
34 
CASE, INCLUDING ALL PROCEEDINGS BEFORE, DURING, AND AFrER THE 
CONDUCT OF CERTIFICATION 
36 
THE LOCAL OR CHAPTER SHALL HAVE THE OBLIGATION TO REVEAL THE 
37 
NAMES 
OF ITS 
OFFICERS 
ONLY 
~ROM THE 
START 
OF THE 
38 
NEGOTIATIONS FOR A COLLECTIVE BARGAINING AGREEMENT. 
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SECTION 2. Article 248 © of the Presidential Decree No. 422, as amended, 
otherwise known as the Labor Code of the Philippines is hereby repealed and 
replaced with the following provisions: 
"Art. 248. Unfair labor practices of employers. It shall be unlawful for an 
employer to commit any of the following unfair labor practice: 
xxx 
G) TO VIOLATE THE DUTY TO BARGAIN COLLECTIVELY AS PRESCRIBED 
BY THIS CODE, INCLUDING THE DUTY TO BARGAIN COLLECTIVELY IN 
CASE 
OF 
MULTI-EMPLOYER 
BARGAINING 
AND/OR 
MULTI-UNIT 
BARGAINING, AND THE DUTY TO BARGAIN COLLECTIVELY WITH THE 
FEDERATION OR NATIONAL UNION. 
SECTION 3. Article 250 of the Presidential Decree No. 422, as amended, 
otherwise known as the Labor Code of the Philippines is hereby repealed and 
replaced with the following provisions: 
"ARTICLE 250. POLICY. - IT IS THE POLICY OF THE STATE TO PROMOTE 
AND ErvrPHAsIZE THE PRIMACY OF THE FREE AND RESPONSIBLE 
EXEROSE OF THE RIGHT TO SELF-ORGANIZATION AND COLLECTIVE 
BARGAINING, 
EITHER 
THROUGH 
SINGLE 
ENTERPRISE 
LEVEL 
NEGOTIATIONS OR THROUGH THE CREATION OF A MECHANISM BY 
WHICH DIFFERENT EMPLOYERS AND RECOGNIZED OR CERTIFIED SOLE 
AND EXCLUSIVE BARGAINING AGENTS IN THEIR ESTABLISHMENTS 
BARGAIN COLLECTIVELY. 
IT IS LIKEWISE THE POLICY OF THE STATE TO PROMOTE THE UNITY OF 
THE 
DIFFERENT TRADE UNIONS, 
FEDERATIONS1 
AND 
NATIONAL 
UNIONS - ESPECIALLY THOSE WORKING'IN THE SAME INDUSTRY. 
ARTICLE 250-A. DISCLOSURE OF INFORMATION. -
IN COLLECTIVE 
BARGAINING, THE PARTIES SHALL, AT THE REQUEST OF EITHER OF 
THEM, MAKE AVAILABLE SUCH UP-TO-DATE FINANCIAL INFORMATION 
ON THE ECONOMIC SITUATION OF THE UNDERTAKING, WHICH IS 
NORMALLY SUBMTITED TO RELEVANT GOVERNMENT AGENCIES, AS IS 
MATERIAL AND NECESSARY FOR MEANINGFUL NEGOTIATIONS. WHERE 
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THE DISCLOSURE OF SOME OF THIS INFORMATION COULD 
BE 
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PREJUDICIAL TO THE UNDERTAKING, ITS COMMUNICATION MAY BE 
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MADE CONDmON UPON 
A COMMITMENT THAT IT WOULD 
BE 
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REGARDED 
AS CONFIDENTIAL TO THE EXTENT REQUIRED. THE 
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INFORMATION TO BE MADE AVAILABLE MAY BE AGREED UPON BY THE 
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PARTIES TO COLLECTIVE BARGAINING. ' 
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ARTICLE 2S0-B. FORMS OF COLLECTIVE BARGAINING. -
COLLECTIVE 
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BARGAINING CAN TAKE PLACE EITHER BETWEEN A LEGmMATE LABOR 
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UNION AND THE EMPLOYER WITHIN A SINGLE ENTERPRISE ("SINGLE 
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ENTERPRISE BARGAINING'), BETWEEN, MORE THAN ONE SOLE AND 
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EXCLUSIVE 
BARGAINING 
AGENT 
AND 
THEIR 
CORRESPONDING 
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EMPLOYERS ("MULTI-EMPLOYER BARGAINING'), OR BETWEEN MORE 
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THAN ONE SOLE AND EXCLUSIVE BARGAINING AGENT WITHIN A SINGLE 
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EMPLOYER AND THE EMPLOYER ("MULTI-UNIT BARGAINING"). 
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ARTICLE 250-C. WHEN SINGLE BARGAINING UNIT-SINGLE ENTERPRISE
, 
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BARGAINING AVAILABLE. - ANY RECOGNIZED OR CERTIFIED SOLE AND 
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EXCLUSIVE BARGAINING AGENT MAY DEMAND NEGOTIATIONS WITH 
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ITS EIVJPLOYER FOR TERMS AND CONDmONS OF WORK COVERING 
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EMPLOYEES IN THE BARGAINING UNIT CONCERNED. 
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ARTICLE 2S0-D. PROCEDURE IN SINGLE ENTERPRISE BARGAINING. -
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THE 
FOLLOWING 
PROCEDURE 
SHALL BE 
OBSERVED IN SINGLE 
2S 
ENTERPRISE BARGAINING: 
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(a) A RECOGNIZED OR CERTIFIED COLLECTIVE BARGAINING AGENT OR 
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AN EIVIPLOYER THAT DESIRES TO NEGOTIATE SHALL SUBMIT SUCH 
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INTENTION IN WRITING TO THE OTHER PARTY, TOGETHER WITH ITS 
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PROPOSALS FOR COLLECTIVE BARGAINiNG. THE OTHER PARTY SHALL 
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SUBMIT ITS COUNTER-PROPOSAL NOT LATER THAN TEN (10) CALENDAR 
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DAYS FROIVJ RECEIPT OF SUCH NOTICE;' 
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(b) SHOULD DIFFERENCES ARISE ON ~E BASIS OF SUCH PROPOSAL 
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AND COUNTER-PROPOSAL, EITHER PARTY MAY REQUEST FOR A 
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CONFERENCE WHICH SHALL BEGIN NOT LATER THAN TEN (10) 
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CALENDAR DAYS FROM THE DATE OF REQUEST; 
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(C) IF THE 
DISPUTE IS NOT SETILED, THE SECRETARY SHALL 
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INTERVENE UPON REQUEST OF EITHER OR BOTH PARTIES OR AT ITS 
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OWN 
INmATIVE 
AND 
IMMEDIATELY 
CALL 
THE 
PARTIES 
TO 
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CONCIUATION MEETINGS. THE SECRETARY SHALL HAVE THE POWER 
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TO ISSUE SUBPOENAS REQUIRING THE ATTENDANCF. OF THE PARTIES 
TO SUCH MEETINGS. IT SHALL BE THE DlfTY OF THE PARTIES TO 
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PARTICIPATE FULLY AND PROMPTLY IN THE CONCILIATION MEETINGS 
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THE SECRETARY MAY CALL; 
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(d) 
DURING 
THE 
CONCILIATION 
PROCEEDINGS 
BEFORE 
THE 
SECRETARY, THE PARTIES ARE PROHIBITED FROM DOING ANY ACT 
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WHICH MAY DISRUPT OR IMPEDE THE EARLY SETILEMENT OF THE 
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DISPlfrES; AND, 
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(e) 
THE 
SECRETARY SHALL EXERT ALL 
EFFORTS TO SETILE 
DISPUTES AMICABLY. 
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(f) 
THE FOREGOING PROCEDURE IS WITHOUT PREJUDICE TO THE 
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PARTIES ADOPTING 6UCH PROCEDURES AND PROCESSES THEY MAY 
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DEEM APPROPRIATE AND NECESSARY FOR THE EARLY CONCLUSION OF 
THEIR NEGOTIATIONS. 
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ARTICLE 
2S0-E. 
WHEN 
MULTI-UNIT 
AND/OR 
MULTI-EMPLOYER 
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BARGAINING MANDATORY. -
SOLE AND EXCLUSIVE BARGAINING 
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AGENTS, WHETHER OR NOT BELONGING'TO THE SAME EMPLOYER, MAY 
AGREE IN WRITING TO COME TOGETHER FOR THE PURPOSE OF 
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COLLEmVE BARGAINING; DIffERENT EMPLOYERS MAY UKEWISE 
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AGREE 
IN WRTIlNG TO 
COME TOGETHER 
FOR 
PURPOSES 
OF 
, 
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COLLEmVE BARGAINING; A SINGLE EMPLOYER MAY ALSO DEMAND 
34 
COLLEcnVEL Y BARGAINING WITH MORE THAN ONE BARGAINING UNIT 
IN SAID SINGLE EMPLOYER; PROVIDED: . 
36 
(a) 
ONLY A LEGmMATE LABOR ORGANIZATION WHICH IS THE SOLE 
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AND EXCLUSIVE BARGAINING AGENT IN THE COLLECTIVE BARGAINING  
UNIT MAY PARTIQPATE AND NEGOTIATE IN MULTI-EMPLOYER AND/OR 
MULTI-BARGAINING UNIT BARGAINING; 
(b) 
ONLY EMPLOYERS WITH COUNTERPART SOLE AND EXCLUSIVE 
BARGAINING AGENTS MAY PARTICIPATE AND NEGOTIATE IN MULTI­
EMPLOYER BARGAINING; AND 
(C) 
AN OBLIGATION TO BARGAIN SHALL ARISE ON THE PART OF THE 
, 
CORRESPONDING SOLE AND EXCLUSIVE BARGAINING AGENTS OR 
EMPLOYER/5, SHOULD MULTI-EMPLOYER AND/OR MULTI-BARGAINING 
UNIT BARGAINING BE DEMANDED BY EITHER A GROUP OF SOLE AND 
EXCLUSIVE BARGAINING AGENTS OR A SINGLE EMPLOYER OR A GROUP 
OF EMPLOYERS. 
Cd) 
DIFFERENT 
EMPLOYERS 
MAY 
DEMAND 
MULTI-EMPLOYER 
BARGAINING FROM THEIR CORRESPONDING SOLE AND EXCLUSIVE 
BARGAINING 
AGENTS, 
INCLUDING 
THOSE 
BARGAINING 
AGENTS 
BELONGING TO THE SAME EMPLOYER. 
(e) 
DIFFERENT SOLE AND EXCLUSIVE BARGAINING AGENTS WITtHN 
THE 
SAME 
EMPLOYER 
MAY DEMAND MULTI-UNIT COLLECTIVE 
BARGAINING FROM THE EMPLOYER. 
(f) 
AN 
EMPLOYER 
MAY 
DEMAND 
MULTI-UNIT 
COLLECTIVE 
BARGAINING FROM THE DIFFERENT SOLE AND EXCLUSIVE BARGAINING 
AGENTS. 
(g) 
DIFFERENT SOLE AND EXCLUSIVE BARGAINING AGENTS MAY 
DEMAND COLLECTIVE BARGAINING WITH MORE THAN ONE EMPLOYERS, 
EVEN AS MORE THAN ONE SOLE AND EXCLUSIVE BARGAINING AGENT 
MAY BELONG TO THE SAME EMPLOYER. 
ARTICLE 2S0-F. PROCEDURE IN MULTI-EMPLOYER BARGAINING AND/OR 
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MULTI-UNIT 
BARGAINING. 
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MULTI-EMPLOYER 
AND/OR 
MULTI­
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BARGAINING UNIT BARGAINING MAY BE INITIATED BY THE LABOR 
3 
UNIONS OR BY THE EMPLOYER/S. 
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(a) 
SOLE AND EXCLUSIVE BARGAINING AGENTS THAT WANT TO 
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NEGOTIATE WITH THEIR EMPLOYERS COLLECTIVELY SHALL EXECUTE A 
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WRITTEN AGREEMENT AMONG THEMSELVES, WHICH SHALL CONTAIN 
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THE FOLLOWING: 
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1) 
THE NAMES OF THE SOLE AND EXCLUSIVE BARGAINING AGENTS 
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THAT WANT 
TO AVAIL OF MULTI'-EMPLOYER OR MULTI­
UNIT 
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BARGAINING; 
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2) 
EACH LEGmMATE LABOR ORGANIZATION IN THE EIVIPLOYER 
UNIT; 
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3) 
THE FACT THAT EACH OF THE LABOR UNIONS ARE THE 
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INCUMBENT SOLE AND 
EXCLUSNE BARGAINING AGENTS FOR THEIR 
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RESPECTIVE EMPLOYER UNITS; 
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4) 
THE 
DURATIONS 
OF 
THE 
COLLECTIVE 
BARGAINING 
22 
AGREEMENTS, IF ANY, ENTERED INTO BY EACH LABOR UNION WITH 
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THEIR RESPECTIVE EMPLOYERS. 
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SOLE AND EXCLUSNE BARGAINING AGENTS WHICH ARE MEMBERS OF 
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THE SAME REGISTERED FEDERATION, NATIONAL, OR INDUSTRY UNION 
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ARE EXEMPT FROM EXECUTION OF THIS WRITTEN AGREEIVIENT. 
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(b) 
THE 
SOLE 
AND 
EXCLUSIVE 
BARGAINING 
AGENTS 
FROM 
DIFFERENT EMPLOYERS THAT WANT TO BARGAIN WITH MULTI­
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EMPLOYERS AND/OR A SINGLE EMPLOYER IN CASE OF MULTI-UNIT­
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SINGLE EIVIPLOYER BARGAINING SHALL SEND A WRITTEN NOTICE TO 
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THIS 
EFFECT TO 
EACH 
EMPLOYER CONCERNED. 
THE WRITTEN 
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AGREEMENT STATED IN THE 
PRECEDING 
PARAGRAPH, 
OR THE 
CERTIFICATES OF REGISTRATION OF THE FEDERATION, NATIONAL, OR 
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INDUSTRY UNION, SHALL ACCOMPANY SAID NOTICE. 
EMPLOYERS SHALL GROUP THEMSELVES OR USE THEIR EXISTING 
ASSOCIATIONS TO ENGAGE IN MULTI-EMPLOYER BARGAINING. THEY 
SHALL SEND A WRfITEN NOTICE TO EACH OF THEIR COUNTERPART 
SOLE AND EXCLUSIVE BARGAINING AGENTS INDICATING THEIR DESIRE 
TO ENGAGE IN MULTI-EMPLOYER BARGAINING. SAID NOTICE SHALL 
INDICATE THE FOLLOWING: 
1) 
THE NAMES OF THE EMPLOYERS WHO DESIRE TO AVAIL OF 
MULTI-EMPLOYER BARGAINING; 
2) 
THEIR CORRESPONDING SOLE AND EXCLUSIVE BARGAINING 
AGENT/S; 
3) 
THE FACf THAT EACH SOLE AND EXCLUSIVE BARGAINING AGENT 
IS AN INCUMBENT EXCLUSIVE BARGAINI~G AGENT; 
4) 
THE DURATION OF THE CURRENT COLLECfIVE BARGAINING 
AGREEMENT, IF ANY, ENTERED INTO BY EACH EMPLOYER WITH THEIR 
COUNTERPART SOLE AND EXCLUSIVE BARGAINING AGENT/S. 
(C) 
DURING THE COURSE OF NEGOTIATIONS, EMPLOYERS AND THE 
CORRESPONDING SOLE AND EXCLUSIVE BARGAINING AGENTS SHALL 
DISCUSS AND AGREE ON THE FOLLOWING: 
1) 
MANNER BY WHICH NEGOTIATIONS SHALL PROCEED; 
2) 
THE SCOPE AND COVERAGE OF THE NEGOTIATIONS AND THE 
AGREEMENT; 
3) 
WHERE APPROPRIATE, THE EFFECT OF THE NEGOTIATIONS ON 
CURRENT AGREEMENTS OR CONDmONS OF EMPLOYMENT AMONG THE 
PARTIES. 
(d) 
IN CASES WHERE THE PARTIES ARE UNABLE TO COME TO AN 
AGREEMENT AS PROVIDED FOR UNDER THE PRECEDING PARAGRAPH, 
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THE PROCEDURE PROVIDED FOR UNDER 250-D SHALL BE FOLLOWED.  
(e) 
TWO 
(2) 
SIGNED 
COPIES 
OF 
COLLEmVE 
BARGAINING 
AGREEMENT SHALL BE POSTED FOR AT LEAST FIVE (5) DAYS IN 1WO 
(2) CONSPICUOUS AREAS IN EACH WORKPLACE OF THE EMPLOYER OR 
EMPLOYERS 
UNITS 
CONCERNED. 
SAID 
COLLECTIVE 
BARGAINING 
AGREEMENT 
SHALL 
COVER 
ONLY 
THOSE 
EMPLOYEES 
IN 
THE 
BARGAINING UNITS WHICH HAVE RATIFIED IT. 
ANY MULTI-EMPLOYER AND/OR MULTI-BARGAINING UNIT CBA SHALL 
COVER ALL OF THE TERMS AND 
~ONDmONS OF EMPLOYMENT 
OTHERWISE COVERED BY SINGLE ENTERPRISE BARGAINING. HOWEVER, 
IN CASE A SINGLE ENTERPRISE CBA AND A MULTI-EIVIPLOYER OR 
MULTI-BARGAINING UNIT CBA ARE CONCURRENTLY IN EFFECT FOR A 
BARGAINING UNIT AND THERE IS A CONFLICT BE1WEEN THE CBA'S, 
THE PROVISION THAT IS MORE FAVORABLE TO THE WORKER SHALL 
PREVAIL. 
ARTICLE 250-G. 
FEDERATION AND 
NATIONAL UNION'S ROLE IN 
COLLECTIVE BARGAINING. -
FEDERATIONS AND NATIONAL UNIONS 
SHALL HAVE THE RIGHT TO REPRESENT THEIR LOCAL UNIONS OR 
LOCAL CHAPTERS, AND ALL THEIR MEMBERS, IN ALL ASPECTS OF 
COLLECTIVE BARGAINING, SUBJECT TO THE RIGHT OF ALL OF THE 
MEMBERS OF THE BARGAINING UNIT TO RATIFY OR REJECT ANY 
NEGOTIATED COLLECTIVE BARGAINING AGREEMENT. 
THE PRINCIPAL IN ANY COLLECTIVE BA,RGAINING AGREEIVIENT AND IN 
THE NEGOTIATIONS THEREOF SHALL BE THE FEDERATION OR THE 
NATIONAL UNION. HOWEVER, NEGOTIATIONS SHALL BE JOINTLY 
CONDUCTED BY THE FEDERATION/NATIONAL UNION AND THE LOCAL 
OR CHAPTER. ANY AGREEIVIENT MUST BE RATIFIED BY A MAJORITY OF 
THE TOTAL NUMBER OF COVERED EMPLOYEES IN ALL OF THE 
BARGAINING UNITS. 
FURTHERMORE, A COLLECTIVE BARGAINING AGREEMENT MUST BE 
RATIFIED BY THE MAJORITY OF THE MEMBERS OF EACH BARGAINING 
UNIT, AND ONLY THE BARGAINING UNITS WHICH RATIFIED THE CSA 
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xxx 
SHALL BE BOUND BY THE AGREEMENT. 
Section 4. Art. 253-A is hereby repealed and replaced with the following 
provisions: 
Art. 253-A. Terms of a collective bargaining agreement. Any Colleecive 
Bargaining Agreement that the parties may enter into shall be for a term of 
THREE (3) years. No petition questioning the majority status of the incumbent 
bargaining agent shall be entertained and no certitication election shall be 
conducted by the Department of Labor and Employment outside of the sixty-day 
period immediately before the date of expiry of such THREE-year term of the 
Collective Bargaining Agreement. ANY PARTY TO A COLLECITVE BARGAINING 
AGREEMENT MAY SUBMIT A PROPOSAL TO THE OTHER PARTY NOT EARLIER 
THAN SIX (6) MONTHS PRIOR TO THE EXPIRATION OF THE CBA. 
Any agreement concluded after the expiration of the CBA shan retroact to the 
day after the expiration of such CBA. 
The effectivity dates of the multi-unit and/or mUlti-employer CBA shall prevail
• 
over those of the local CBA's -
including for purposes of determining the 
freedom period. 
SECITON 5. Article 263 of the Presidential Decree No. 422, as amended, 
otherwise known as the Labor Code of the Philippines is hereby repealed and 
replaced with the following provisions: 
Art. 263. Strikes, picketing and lockouts. 
c) In case of bargaining deadlocks, including those in multi-employer 
and/or multi-unit bargaining, the duly certified or recognized bargaining 
, 
agent/s may file a notice of strike or the employer may file a notice of lockout 
with the Department at least 30 day before the intended date thereof. In 
cases of unfair labor practice, the period of notice shall be 15 days and in the 
absence of a duly certitied or recognized bargaining agent, the notice of 
strike may be fited by any legitimate labor organization in behalf of its 
members. However, in case of dismissal from employment of union officers 
duly elected in accordance with the union constitution and by-laws, which 
may constitute union busting, where the existence of the union is threatened, 
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xxx 
the 1S-day cooling-off period shall not apply and the union may take action 
immediately. 
In case of multi-employer and/or multi-unit bargaining and/or collective 
bargaining agreements, only those employers who commit unfair labor 
practice or who violate the duty to bargain <;ottectively may be the subject of 
a notice of strike. 
(f) A decision to declare a strike must be approved by amajority of the total 
union membership in the bargaining unit concerned, obtained by secret 
ballot in meetings or referenda called for that purpose. IN CASE OF 
MULTI-EMPLOYER AND/OR MULTI-UNIT BARGAINING OR COLLECTIVE 
BARGAINING AGREEMENT, A STRIKE CAN BE LAUNCHED ONLY BY A 
UNION WHICH APPROVED THE STRIKE BY A MAJORITY VOTE OF ITS 
MEMBERS. A decision to declare a lockout must be approved by a majority 
of the board of directors of the corporation or aSsociation or of the 
partners in a partnership, obtained by secret ballot in a meeting called for 
that purpose. The decision shall be vali~ for the duration of the dispute 
based on substantially the same grounds considered when the strike or 
lockout vote was taken. The DOLE may, at its own initiative or upon the 
request of any affected party, supervise the conduct of the secret 
balloting. In every case, the union or the employer shall furnish the DOLE 
the results of the voting at least seven days before the intended strike or 
lockout, subject to the cooling-off period herein provided. 
SECTION 6. Implementing Rules and Regulations. Within thirty (30) days from 
the effectivity of this Act, the Secretary of Labor and Employment, in consultation 
with the trade unions, labor organizations, and other stakeholders, shall issue 
and publish the necessary rules and regulations to implement the provisions of 
, 
this Act. 
SECTION '1. Separability Clause. - If any provision of this Act, or any parts 
thereof, is declared unconstitutional, the same shall not affect the validity and 
effectivity of the other portions. 
SECTION 8. Repeating Clause. - All laws, executive orders, presidential decrees, 
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proclamationst rulest reg u lationst issuances and enactments of parts thereof 
, 
inconsistent with this Act are hereby repealed or modified accordingly. 
SECTION 9. Effectivity. - This Act shall take effect after fifteen (15) days from 
its complete publication in the Official Gazette of in a newspaper of general 
Circulation in the Philippines, whichever comes earlier. 
APPROVED. 
13