Johnny is the duly elected President and principal union organizer of the Nagkakaisang Manggagawa ng Manila Restaurant (NMMR), a legitimate labor organization. He was unceremoniously dismissed by management for spending virtually 95% of his working hours in union activities. On the same day Johnny received the notice of termination, the labor union went on strike. Management filed an action to declare the strike illegal, contending that:
a. The union did not observe the "cooling-off period" mandated by the Labor Code; and
b. The union went on strike without complying with the strike-vote requirement under the Labor Code.

Rule on the foregoing contentions with reasons.
(a) The union did not observe the "cooling-off period" mandated by the Labor Code.
(b) The union went on strike without complying with the strike-vote requirement under the Labor Code. (2009 BAR)