A strike is an economic weapon by the employees. Due to its potential adverse consequences on the employer and the employees, the law carefully regulates the constitutional right to strike of the employees.

Labor law defines strike as “any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.”[1]

On the other hand, the employer in exercise of the management prerogative may declare a lockout in the workplace. A lockout is “any temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.”[2]

An internal union dispute includes “all disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by-laws of a union, including any violation of the rights and conditions of union membership” as provided for in the Labor Code.[3]

A strike-breaker is “any person who obstructs, impedes, or interferes with by force, violence, coercion, threats or intimidation any peaceful picketing affecting wages, hours or conditions of work or in the exercise of the right of self-organization or collective bargaining.”[4]

A strike area is “the establishment, warehouses, depots, plans, or offices, including the sites or premises used as runaway shops, of the employer struck against, as well as the immediate vicinity actually used by picketing strikers in moving to and fro before all points of entrance to and exit from said establishment.”[5]

 

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[1] Ibid. Article 219 (o).

[2] Ibid. Article 219 (p).

[3] Ibid. Article 219 (q).

[4] Ibid. Article 219 (r).

[5] Ibid. Article 219 (s).