Section 11
SEC. 11. Article 264 of the Labor Code is hereby amended to read as follows: "ART. 264. Strikes, picketing, and lockouts.—(a) It is the policy of the State to encourage free trade unionism and free collective bargaining. " (b) 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. "(c) In cases of bargaining deadlocks, the certified or duly recognized bargaining representative may file a notice of strike or the employer may file a notice of lockout with the Ministry at least thirty (30) days before the intended date thereof. In cases of unfair labor practices, the period of notice shall be shortened to fifteen (15) days; and in the absence of a duly certified or recognized bargaining representative, the notice of strike may be filed by any legitimate labor organization in behalf of its members. "(d) The notice must be in accordance with such implementing rules and regulations as the Minister of Labor and Employment may promulgate. "(e) During the cooling-off period, it shall be the duty of the Ministry to exert all efforts at mediation and conciliation to effect a voluntary settlement. Should the dispute remain unsettled until the lapse of the requisite number of days from the mandatory filing of the notice, the labor union may strike or the employer may declare a lockout. "(f) A decision to declare a strike must be approved by at least two-thirds (2/3) of the total union membership in the bargaining unit concerned obtained by secret ballot in meetings or referenda. A decision to declare a lockout must be approved by at least two-thirds (2/3) of the board of directors of the employer corporation or association or of the partners in a partnership obtained by secret ballot in a meeting called for the purpose. The decision shall be valid for the duration of the dispute based on substantially the same grounds considered when the strike or lockout vote was taken. The Ministry 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 Ministry the results of the voting at least seven (7) days before the intended strike or lockout, subject to the cooling-off period herein provided. "(g) In labor disputes causing or likely to cause strikes or lockouts adversely affecting the national interest, such as may occur in but not limited to public utilities, companies engaged in the generation or distribution of energy, banks, hospitals, and those within export processing zones, the Minister of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration. Such assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout. If one has already taken place at the time of assumption or certification, all striking or locked out employees shall immediately return to work and the employers shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout. The Minister may seek the assistance of law enforcement agencies to ensure compliance with this provision as well as with such orders as he may issue to enforce the same. "The foregoing notwithstanding, the President of the Philippines shall have authority to intervene at any time and exercise jurisdiction over any labor dispute adversely affecting the national interest in order to settle or terminate the same. "(h) Before or at any stage of the compulsory arbitration process, the parties may opt to submit their dispute to voluntary arbitration. "(i) The Minister of Labor and Employment, the Commission or the voluntary arbitrator shall decide or resolve the dispute within thirty (30) working days from the date of the assumption or jurisdiction or the certification or submission of the dispute, as the case may be. The decision of the Minister, the Commission or the voluntary arbitrator shall be final and immediately executory."