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Emergency Overtime Work Country at war/National or Local Emergency Necessary to Prevent loss of life/property or Imminent danger to public safety Urgent work to be performed on Machines to avoid serious loss or damage to employer Necessary to prevent loss or damage to perishable goods Completion of work started before the 8th hour Necessary to avail of favorable weather or environmental Overtime Compensation General Rule : cannot be waived Exception : waiver of OT pay is in consideration of benefits and privileges which may be more than the OT pay Voluntarily agrees to work 9 hours No diminution in pay Value of benefits greater or at least equal to 1hr. OT pay during weekdays OT pay due and demandable even if permitted to work Saturdays Work doesn't involve strenuous physical exertion Temporary duration
(Days Worked) Rest Day 30% Special Day 30% Nov.1 & Dec. 31 if also a Rest Day 50%for special day: NO WORK, NO PAY
Authorized Work on a Rest Day: Urgent work to be performed on machinery Actual impending emergency Abnormal pressure or work Prevent loss/damage to perishable goods Nature of work requires continuous operations Analogous situations HOLIDAY PAY Unworked 100% Worked 200% - IF ALSO REST DAY 260% - should not have been absent without pay on the working day preceding the holiday New Year's Day 30 April 9 Dec. 25 Maundy Thursday May 1 Dec. 30 Good Friday June 12 Last Sun of August Nov.
EXEMPT FROM HOLIDAY PAY: Government ees Retail and Service Establishments regularly employing less than 10 Domestic helpers Managerial ees Field Personnel Hourly Paid Faculty Members not also entitled SERVICE INCENTIVE LEAVE has worked for at least a year 5 days with pay Does not apply: Government Already enjoying benefit Domestic Helpers and those in the personal service of another Already with vacation leave with pay of at least 5 days
WAGE DISTORTIONS an increase in prescribed wage rates resulting in the elimination or severe contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills, length of service, or other logical bases of differentiations Procedure for correcting: 1. With Union go through grievance procedure voluntary arbitrators (decide within 10 days from referral) 2. Without Union Each brings his own grievance NCMB (10 calendar days => conciliation if unresolved) NLRC (decide within 20 days from submission) 13TH MONTH PAY Entitled : Exempted Employers : All Rank and File employeesworked at Government least 1 month Employers of Household Helpers Those with Multiple Employers Those already paying Paid by Result Employers of paid purely on commission, Private School Teachers fixed, boundary or task basis Resigned or Separated Employees (proportional) Minimum Amount : year not less than 1/12 of total basic salary earned within a calendar
*BASIC SALARY for purposes of 13th mo. pay shall include all remunerations or earnings paid by his employer for services rendered - BUT DOES NOT INCLUDE: allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary such as vacation and sick leave credits, overtime, premium night differential, holiday pay and COLA UNLESS by individual or collective agreement or company practice or policy, they are treated as basic salary. VACATION/SICK LEAVE - not required by law SERVICE CHARGE 85% 15% Covered Employees Management
BONUS General Rule :Can't be demanded Exceptions: 1. Given for a long period of time 2. Consistent & deliberate 3. Employer knew he was not required to give benefit 4. Employer continued giving benefit 5. Employer realizes profits
201-300 Employees Full-time Registered Nurse, Dentist & Emergency Clinic 301 or more
Full-Time Registered Nurse, Full-Time Physician, Dentist, Dental Clinic, Infirmary/Emergency Hospital with a bed capacity of 1 bed per 100 employees EXCEPT when there is a hospital or clinic accessible from the Employer's establishment AND he makes arrangements for the Reservation of necessary bed and dental facilities
VISITORIAL AND ENFORCEMENT POWERby Secretary of Labor or duly authorized representative Access to employer's records and premises Right to copy records Right to question any employee Investigate any fact, condition or matter which may be necessary to Order and administer, after due notice and hearing, compliance with the Labor Standards provisions Issue writs of execution to the appropriate authority for enforcement of their orders Order stoppage of work or suspension of operations when non-compliance with law and implementing regulations poses grave and imminent danger to the health and safety of workers in the workplace - Hearing within 24 hours - Employer liable for salaries during suspension of operations if found to have caused the violation *NO TRO or Temporary/Permanent injunction may be issued by an inferior court over any case involving the enforcement orders issued RECOVERY OF Wages, Simple Money Claims & Other Benefits - DOLE Regional Director Summary Proceeding Claimant : employee or person in domestic or household service Provided : 1. No claim for reinstatement 2. Aggregate claims of each employee or househelper does not exceed P5,000 (even if it exceeds this, Regional Director may still enforce based on inspection's findings in the nature of enforcement action) 3. Claims arise from employer-employee relationship Notice and Hearing Resolution of Complaint within 30 days from filing (Appeal within 5 calendar days to NLRC) NLRC to resolve appeal within 10 calendar days from submission of last pleading
*Regional 1. 2. 3.
Director cannot enforce results of Visitorial Power when : Employer contests the findings Issues raised requires examination of evidentiary matters Such matters are not verifiable in the normal course of inspection
EMPLOYMENT OF WOMEN 1. Nightwork Prohibition a. Industrial Undertaking b. Commercial or Non-industrial, or branch thereof, other than agricultural c. Agricultural Undertaking
10pm06am 12am-6am Nighttime, unless given a period of rest not less than 9 consecutive hours
EXCEPTIONS: Actual or impending emergencies to prevent loss of life/property or force majeure or imminent danger to public safety Urgent work to be performed to avoid serious loss to employer Necessary to prevent serious loss of perishable goods Holds a responsible position of managerial or technical nature or engaged to provide health or welfare service Nature of work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workers Immediate members of the family operating the establishment or undertaking Other analogous cases 2. Facilities for Women a. Provide seats proper for women b. Establish separate toilet rooms and lavatories c. Establish a nursery in a workplace for the benefit of the women employees d. Determine appropriate minimum age and other standards for retirement and termination Maternity Leave Benefits a. Has paid at least 3 monthly contributions in the 12-mo. period immediately preceding the semester of her childbirth or miscarriage b. Paid only for the first 4 deliveries or miscarriages c. 100% of average salary credit for 60 days if normal or 78 days if caesarean Family Planning Services, Incentives for Family Planning a. Maintain clinic or infirmary which shall provide for family planning service b. Develop and prescribe incentive bonus schemes to encourage family planning among female workers in any establishment/enterprise Discrimination Prohibited
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ACTS OF DISCRIMINATION: Payment of lesser compensation for work of equal value Favoring over promotion, training opportunities, study and scholarship grants solely on account of their sexes Institution of any criminal action under this shall not bar the aggrieved employee from filing an entirely separate and distinct
LABOR RELATIONS REQUIREMENTS FOR REGISTRATION LABOR ORGANIZATION FEDERAL/NATIONAL WORKERS ASSOCIATION UNION a. Registration Fee In addition to a, b, d and e of a. Registration fee b. Names, addresses of its requirements for Labor Org: b. Names of its members, officers; principal a. Resolution of affiliation of their addresses, address; minutes of the at least 10 locals or principal office of organizational meetings; chapters (all duly applicant, minutes of list of workers who recognized Collective organizational participated in the Bargaining agents) meetings, and names meetings b. Names and addresses of of individual members c. Names of all its the companies where the who attended such members comprising at locals/chapters operate meetings least 20% of all the plus list all members in c. Copy of constitution employees in the each company involved and by-laws duly bargaining unit where it ratified by majority of seeks to operate individual members d. Two (2) copies of its financial reports is applicant has been in existence for one or more year e. Four (4) copies of the Constitution and By-laws (CBL), minutes of its adoption or ratification and a list of members who participated therein ~ all requisite documents shall be certified under oath by the Secretary/Treasurer and attested by the President
CHARTERING - Issuance by Federation of charter certificate to a local/chapter - copy of which shall be submitted to BLR within 30 days from issuance
AFFILIATION of Independently Registered Union - file with Regional Office or BLR 2 copies of verified resolution of affiliation, ratified by a majority of the union, and a resolution of acceptance of by the federation / industry union Local/Chapter becomes an LLO only upon Submission of the ff. to the BLR / Regional Office: a. a charter certificate (Within 30 days from issuance) b. CBL and statement of officers - books of account are no longer required GROUNDS FOR CANCELLATION OF UNION REGISTRATION Misrepresentation, False Statement or Fraud in connection with : a. adoption/ratification of the CBL or amendments thereto, minutes of ratification and the list of members who took part in the ratification b. election of officers, minutes thereof, list of officers/voters c. in the preparation of the financial reports Failure to Submit : a. CBL, minutes of its adoption/ratification, list of members ho took part within 30 days from adoption of ratification or amendments thereto b. Minutes of the elections of officers, list of officers/voters within 30 days from election c. Annual financial report to the BLR within 30 days after the closing of every fiscal year d. List of individual members to the BLR once a year or whenever required by the BLR Acting as labor contractor or engaging in the 'Cabo System' or otherwise engaging in any activity prohibited by law Entering into CBAs with terms and conditions of employment below minimum standards established by law Asking for or accepting attorney's fees or negotiation fees from employer Checking off special assessments or any other fees without duly signed individual written authorizations of the members (other than for mandatory activities under the labor Code) RIGHTS AND CONDITIONS OF MEMBERSHIP A. Political Rights 1. Officers Directly elected 2. No person convicted of crime involving moral turpitude shall be eligible to be an officer of union 3. Officers shall not be paid any compensation other than salaries and expenses due to their positions as authorized by CBL or written resolution of majority 2. Deliberative & Decision Making Rights 1. Determination by secret ballot, any question of major policy 2. No admission of individuals who are members of subversive organizations C. Rights Over Money Matter 1. No arbitrary, excessive oppressive fines and forfeiture 2. No collection of fees, dues NOR disbursements unless duly authorized pursuant to CBL
D. Right To Be Informed 1. Full and detailed report of all financial transactions 2. All income and revenue evidenced by a record and every expenditure evidenced by a receipt 3. Treasurer and Officers render a true and correct account of all moneys received and paid : Since assuming office Since last accounting At least once a year w/ in 30 days from close of fiscal year Other times as required by written resolution of majority 4. Books of account and financial records open to inspection by officer/member during office hours 5. Duty of labor organization to inform members of contents of CBL, CBA and their rights and obligations under existing labor laws *Protest on Election of Officers Formalized before Med Arbiter within 5 days from close of Election Proceedings Decided within 20 working days INTRA-UNION DISPUTES General Rule :Relief must first be sought within the union itself in accordance with its CBL which must be alleged in the petition Exceptions : Futility of intra-union remedies Improper expulsion procedures Undue delay as to constitute substantial injustice Action for damages Lack of jurisdiction of the investigating body Action of the administrative agency is patently illegal, arbitrary and oppressive Issue involved is purely a question of law Administrative agency has already prejudged the case Administrative agency was practically given an opportunity to act on the case but did not *Requirement for a complaint for Violation of by-laws and rights and conditions of membership: Minimum of 30% of the members of the Labor Organization Exception :when such violation directly affects only 1 or 2 members, then such number would be enough to report the violation and seek redress with the CIR REQUIREMENTS FOR DISAFFILIATION General Rule : Only during the 60 day freedom period & effected by a majority of the members of the bargaining unit Exception : Outside the freedom period but must still be supported by a majority of the members of the disaffiliating union who must remain bound by the CBA until the CBA's expiration date.
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EXECUTIVE ORDER 180 - Applies to all employees of all branches, subdivisions, instrumentalities and agencies of the government including employees of GOCCs with original charters - Can form, join or assist employees organization for furtherance and protection of interest NOT Covered : High-level employees AFP Police Officers Policemen Firemen Jailguards - Application filed with the BLR - Registration is with the Civil Service Commission or DOLE (CSC Chairman and Dole Sec jointly approve) - Petition for Certification Election if filed with the BLR RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS Act as the representative of its members for the purpose of collective bargaining Certified as the exclusive bargaining representative of all employees in an appropriate collective unit for purposes of collective bargaining Furnished with the annual audit financial statements of employer Own property (real/personal) for the use and benefit of its members and the labor organization Sue and be sued in its registered name Undertake all other activities designed to benefit the organization and its members, including cooperative, housing welfare and other projects not contrary to law Collect reasonable membership fees, union dues, assessments and fines and other contributions 2 KINDS OF UNIONS (Purpose) 1) For purposes of Collective Bargaining (called "Labor Organization") - any union or association of employees which exists for collective bargaining purposes or for dealing with employers regarding terms & conditions of employment 2) For Mutual Aid and Protection (called "Worker's Association") - an association of workers organized for its members' mutual aid and protection or for any legitimate purpose other than collective bargaining *Any employee, whether employed for a definite period or not, shall, beginning on his first day of service, be considered an employee for purposes of membership in any labor union
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EXCLUSIVE BARGAINING SHOP - the union is recognized as the exclusive bargaining agent for all employees, whether union members or not BARGAINING FOR MEMBERS ONLY - the union is recognized as the bargaining agent only for its own members AGENCY SHOP - an agreement whereby employees must either join the union or pay to the union as the exclusive bargaining agent a sum equal to that paid by the members. This is directed against the "free rider" employees who benefit from union activities without contributing to union support o prevent a situation of non-union members enriching themselves at the expense of union members. PREFERENTIAL SHOP - agreement wherein management undertakes to give preference to union members in the hiring of employees, whether or not as regulars HIRING HALL - agreement wherein list of employees are given a chance to determine who to employ/regularize General Rule : All employees in the bargaining unit covered by the union security clause are subject to its terms
Exception : Any employee who at the time the agreement takes effect is a bona fide member of a religious organization which prohibits its members from joining labor unions on religious grounds Employees already in the service and already members of a labor union or unions other than the majority union at the time the agreement took effect Supervisors ineligible under the Act to join the majority union because of the membership therein of employees under their supervision Employees excluded from the agreement by express terms UNFAIR LABOR PRACTICES - acts opposed to workers' right to organize *2 Elements : Employer-employee relationship between the offender offended Act done is expressly defined in the Labor Code as ULP and
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6) Gross violation of CBA (if not gross, not ULP) - Flagrant & malicious refusal to comply with the economic
conditions or provisions thereof JURISDICTION OF VOLUNTARY ARBITRATORS 1. Original and Exclusive all unresolved grievances arising from the interpretation or implementation of the CBA those arising from the interpretation or enforcement of company personnel policies 2. All other labor disputes AGREED to be referred to it by the parties Grievance machinery, after automatically referred Award to be made Final
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TERM OF CBA :
5 years as to the representation aspect Renegotiation of provisions other than representation aspect - not later than 3 years after its execution
BARGAINING UNIT - group of employees of a given employer comprised of all or less than all of the entire body of employees, which the collective interests of all he employees, consistent with equity to the employer, indicate to be the best suited to serve the reciprocal rights and duties of the parties under the CBA EXCLUSIVE BARGAINING REPRESENTATIVE - labor organization designated or selected by the majority of the employees in an appropriate bargaining unit - despite having an EBR, an individual employee or group of employees shall have the right at anytime to present grievances to their employers Participation of Workers in Policy and Decision Making - workers shall have the right subject to such rules and regulations as the Secretary of Labor and Employment may promulgate, to participate in policy & decision making processes of the establishment where they are employed insofar as said processes will directly affect their rights, benefits, and welfare - pursuant to this, Labor-Management Councils may be formed SECURITY OF TENURE ~ applies to all establishment or undertakings whether for profit or not CLASSES OF EMPLOYEES 1. REGULAR ~ engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer 2. PROJECT ~ one whose employment has been fixed for a specific project or undertaking the completion of which has been determined at the time of engagement of the employee (SO EVEN IF MORE THAN I YR., NOT NECESSARILY REGULAR) *becomes regular if: a. Job is usually necessary or desirable in the usual business or trade AND b. Repeated rehiring 3. SEASONAL ~ one whose work or services to be performed is seasonal in nature and the employment is for the duration of the season 4. CASUAL ~ activity performed is not usually necessary or desirable in the usual business or trade of the employer, not project and not seasonal Except: if he has rendered at least 1 year of service, whether such service is continuous or broken = considered a REGULAR employee with respect to the
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1. JURISDICTION a. Inter-union conflicts b. Intra-union conflicts c. All disputes, grievances or problems arising from or affecting labormanagement relations in all workplaces EXCEPT those arising from the implementation or interpretation of the CBA which shall be the subject of grievance procedure and/or voluntary arbitration 2. COMPROMISE AGREEMENTS ~ if voluntarily agreed upon by the parties with the assistance of the BLR or the regional office of DOLE final and binding upon the parties ~ the only time NLRC or any courts can assume jurisdiction over issues involved therein: a. in case of non-compliance thereof b. if there is prima facie evidence that the settlement was obtained through fraud, misrepresentation or coercion 3. POWER TO ISSUE SUBPOENA ~ when relevant to a labor dispute under its jurisdiction either at the request of any interested party or at its own initiative 4. REGISTRY OF UNIONS AND FILING OF COLLECTIVE AGREEMENTS a. registry of LLO b. file of all CBA and other related agreements, records of settlement of labor disputes, copies of orders, and decisions of voluntary arbitrators ~ open and accessible to interested parties under conditions prescribed by the Secretary of DOLE, provided that no specific information submitted in confidence shall be disclosed UNLESS authorized by the Secretary OR when it is at issue in any judicial litigation OR when public interest or national security so requires ~ submitted within 30 calendar days from execution of CBA to the BLR/DOLE for registration accompanied with verified proofs of its posting in 2 conspicuous places in the place of work and ratification by the majority of all the workers in the bargaining unit 5. PRIVILEGED COMMUNICATION ~ information and statements made at conciliation meetings shall NOT be used as evidence in the NLRC ~ conciliators and similar officials shall not testify in any court or body regarding any matters taken up at conciliation proceeding conducted by them 6. APPEAL ~ within 10 calendar days to the Secretary ~ GROUNDS: a. grave abuse of discretion b. gross incompetence
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PETITION FOR CERTIFICATION ELECTION A. ORGANIZED ESTABLISHMENT (w/ CBA) What: verified petition for questioning the majority status of the incumbent bargaining agent When filed: w/ CBA : within the 60 day period before the expiration of the CBA W/o CBA: anytime except certification year rule OR deadlock-bar rule With whom: DOLE (Regional Office) Requisite: written consent of at least 25% of all employees in the bargaining unit ~ under the law, 25% is not a requisite, but makes conduct of a CE mandatory if submitted ~ under the rules, 25% is a requisite, absence of such is a ground for dismissal of the petition. B. UNORGANIZED ESTABLISHMENT (no CBA) 1) petition by a legitimate labor organization (no 25% requirement) 2) employer when requested to bargain collectively Certification election Requirement for valid election -- majority of all eligible voters cast their votes Union to be certified -- labor union receiving majority of the valid votes cast Procedure: Petition with decided w/in 20 file appeal w/ Regl Ofc but 15 days to decide; DeciMed-Arbiter working days it is Secretary who decides sion final & unappealable Petition where no CBA : anytime Except - within 1 yr. From date of issuance of a final certification election result - after bargaining deadlock has been submitted (to which an incumbent bargaining agent is a party) to conciliation/arbitration or became subject of valid notice to strike or lockout Run-off election (within 5 calendar days from close of election) 3 or more choices o results of election - no choice received majority of valid votes cast o total # of votes for all contending unions at least 50% of total votes cast THUS: conducted between labor unions receiving the 2 highest number of votes Presumption: valid election, i.e. majority of eligible voters voted Conduct Of Certification Election notice of at least 5 working days before actual date (2 most conspicuous place) election proper - any party in interest may protest to be recorded in the minutes, otherwise, it is deemed waived (Protests must be formalized with Med-Arbiter within 5 days from close of election proceedings)
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Contents of Notice : 1 date of election 2 names of contending parties 3 description of bargaining unit 4 list of eligible voters all employees in bargaining unit can vote CHALLENGE: before employees cast vote Abstention not valid vote
1) certification year -- w/in 1 yr. from issuance of a final certification election result
Exception: unusual circumstances exist as when a change in the structure of the membership of the contracting union occurs in such a way that a reasonable doubt arises as to whether it remains the labor union which the employees desired to represent them in the first place with an accompanying change in the officials, constitution, by-laws, and bargaining authority of the contracting union.
4) negotiations bar -- when the duly recognized or certified union has commenced
negotiations with the employer in accordance with Article 250 of the Labor Code within the one-year period of a certification year Bargaining Representative -- LLO or any duly authorized officer or agent of such organization whether or not employed by the employer Certification Election -- process of determining, through secret ballot, the sole and exclusive bargaining unit for purposes of collective bargaining Consent Election -- election voluntarily agreed upon by the parties to determine issue of majority representation of all workers in the appropriate collective bargaining unit where a petition for CE had been filed and, upon the intercession of the Med-Arbiter, the parties agree to hold a consent election, the results thereof shall constitute a bar to the holding of a CE for one year from the holding of such consent election where no PCE had been filed but the parties have agreed to hold a consent election, the results thereof shall not constitute a bar to another CE, unless the winning union had been voluntary recognized.
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any person accredited by the NCMB as such or any person named or designated in the CBA by the parties to act as their voluntary arbitrator one chosen with or without the assistance of the NCMB pursuant to a selection procedure agreed upon in the CBA or any official that may be authorized by the Secretary of Labor and Employment t act as voluntary arbitrator upon the written request and agreement of the parties to a labor dispute. Powers: holds hearings receive audience take whatever action is necessary to resolve the issue subject of the dispute Procedure: all parties entitled to attend proceedings adjournment for cause or upon agreement of the parties decision within 20 calendar days from submission final/executory after 10 calendar days from receipt
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Special Voluntary Arbitration Fund administered by the NCMB amount of subsidy in appropriate cases shall e determined by the NCMB upon recommendation of the Council Labor-Management Committee no LLO exists formed voluntarily by workers and employees for the purpose of promoting industrial peace Labor-Management Council organized establishment enable workers to participate in policy and decision making process in the establishment insofar as said processes will directly affect their rights, benefit and welfare except those which are covered by CBA's or are traditionally areas of bargaining RA 6971 -- Productivity Incentives Act of 1990 Labor-Management Committee - both management and labor shall have equal voting rights - representations of labor organized -- designated by the Collective bargaining agents in the bargaining unit unorganized -- elected by at least a majority of all rank and file employees who have rendered at least 6 months of continuous service Productivity Incentives Program - contains provisions for the manner of sharing and the factors in determining productivity bonuses - productivity granted ,1/2 (percentage increase in the productivity of the business enterprise) - granted salary bonuses = increases in current productivity over the average for the preceding 3 consecutive years - entitles employer to special deduction from gross income equivalent of 50% of the total allowable ordinary and necessary business deductions for said bonuses under the NIRC Strike : any temporary stoppage of work by concerted action of employees as a result of an industrial labor dispute : not a strike: mass resignation Lockout : temporary refusal of an employer to furnish work as a result of an industrial or labor dispute 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 member ship provided for in this Code
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2. STRIKE VOTE: decision must be approved by a majority of the total union membership in the bargaining unit concerned obtained by secret ballots in meetings or referenda called for that purpose (or of the BoD of the corp. case of a lockout) 3. REPORT OF STRIKE VOTE RESULTS: DOLE must be furnished with the results of the voting at least 7 days before the intended strike or lockout subject to the cooling off period (7 day strike ban) DOLE informed of meeting 24 hours before Peaceful Means : Violence not pervasive and widespread Ingress and egress rule Assumption of Jurisdiction by Secretary of Labor (resolved within 30 calendar days) 1. Discretionary ~ In his opinion there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest
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