SBN-1045 - Senate

SEC. q35. Nofice ofDirpuQe. - The existence of a dispute which may be the
ground of an impending strike must first be brought to the Commission in the form of a
notice of of dispute must he in accordance “with the requirements and procedures as
maybe prescribed by the Commission which shall settle the dispute within sixty (60).
days from date of receipt of the said notice. In cases when the parties opt for voluntary
arbitration, the agreement thereof shall be final and executory between the parties
concerned.
SEC. 136. Certification to fhe PSLMC. - In the event the dispute is not settled
within the sixty (60)-day period prescribed in the preceding Section or in case of failure
to arrive at a resolution of the dispute through conciliation or mediation, the Commission
shall certify the dispute to the PSLMC for settlement and resolution.
SEC. 137. Requirement of Sfrike Vote and Notice to Strike. - Immediately
upon certification of the dispute to PSLMC as provided in the preceding section, the
accredited employee organization may call a vote in order to declare a strike. The
decision to declare a strike must be approved a majority vote of the total rank and file
employees of the agency where the duly accredited employee organization belongs,
The same shall be obtained through secret ballot in a meeting called for the results of
the strike vote and notice to strike, copy furnish the head of agency at least thirty (30)
days before the date of intended strike and during the said 30-day period no strike shall
be held. Only disputes or issues raised in the said notice shall be the subject of the
strike,
SEC. 138. Remedial Acfions by the PSLMC. - When a dispute has been
referred to the PSLMC, it shall exert all I efforts to settle the saime through various
modes of dispute settlement in order to prevent the impending strike.
When there is a strike in a government agency, which affects national interest or
public service, the PSLMC may issue a return-to-work order andlor certify the same for
compulsory arbitration. A return-to-work order shall have the effect of automatically
stopping the strike.
For this purpose, the contending parties are strictly enjoined to comply with such
order as are issued by the PSLMC, under pain of disciplinary action.
SEC. 139. Prohibited Activifies -
(a) No dispute which occurred prior to the notice to strike, which was not raised
in the said notice, may be the subject of succeeding strikes.
(b) No person engaged in the strike shall commit any act of violence, coercion or
intimidation or obstruct the free ingress to or egress from the agency’s
premises for lawful purposes or obstruct public thoroughfares.
(c) No person shall obstruct, impede, or interfere with, by force, violence,
coercion, threats, or intimidation any peaceful strike, or shall aid or abet such
obstruction or interference.
(d) No employee organization may declare a strike without first having, filed the
notice required under Sec. 137 and the necessary strike vote first having
been obtained and filed with the PSLMC.
(e) No employee organization may go on strike without ensuring and
maintaining an effective skeletal force.