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Published by api-3852553

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Published by: api-3852553 on Oct 19, 2008
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* Unfair Labor Practice \u2013 any unfair labor practice as expressly defined in tArticles 248
and 249 of the labor code
! those specifically proscribed as ULP ONLY; otherwise it would be a violation of

* Equal Opportunity Rule \u2013 an employer has the right to address his employees and make
them listen to his views on unionization, collective bargaining and concerted activities
provided he gives similar or equal opportunity to the organizing union to address his

* Independent Contractors \u2013 contracting out by employer of services or functions being
performed by union members
* Yellow Dog Contracts \u2013 practice or requirement by an employer of non-union
affiliation or withdrawal from a labor organization as a condition of employment

1. to hire
2. layoff
3. transfer
4. promote
5. demote
6. discharge

* Discriminatory Lockout as ULP \u2013 if the employer\u2019s refusal to permit his employees to
work is motivated by a desire to interfere with, restrain or coerce his employees in the
exercise of their rights on unionization, collective bargaining and union activities

! lockout does not constitute ULP if the closure is solely for economic considerations
! the duty to bargain on the part of the employer arises only when a definite request is
made by the bargaining agent labor union
!! employer\u2019s right under the law:

if the employer is uncertain or doubtful as the command of the majority of his employees
by said labor union he may exercise the right to ask for certification election /proof of
majority status to be sure of the union\u2019s status as representative of the majority of
employees in the appropriate bargaining unit

BARGAINING REPRESENTATIVE MUST COMPLY WITH THE FF CONDITIONS: 1. the request to bargain must be made by the bargaining representative labor union of the employees which must comply with the Labor Code requirements for such union to be a legitimate labor union

2. request to bargain collectively must be in writing and must be accompanied by
proposals to expedite the collective bargaining procedure
! an employer has the right to close his business provided it is based on justifiable
! if the intent or motive underlying the closure of business is unjustifiable, as when it was
done to evade the employer\u2019s duty to bargain collectively, then such closure may
constitute ULP
* Run-away Shop \u2013 where the employer moves his business to another location or when
it temporarily closes down its business for anti-union purposes
! only labor organizations are liable for ULP and not the employees
! individual persons are not liable unless they are:
- officers
- agents
- representatives of labor organizations

1. violates the constitutional right of workers and employers to self-organization
2. it is inimical to the legitimate interests of both labor and management, including

their right to bargain collectively and otherwise deal with each other in an
atmosphere of freedom and mutual respect
3. it disrupts industrial peace and hinders promotion of a healthy and stable labor

management relations
4. it violates civil rights of both labor and management
5. a criminal offense against the State which shall be subject to prosecution and

6. penalties:

- Fine: not less than P1000 or more than P10,000
- Imprisonment: not less than 3 mos./more than 3 yrs or both imprisonment & fine
- Summary deportation: if alien

* ULP as a Criminal Offense:
! no criminal prosecution for ULP may be instituted without a final finding that ULP was
committed, first obtained in the administrative proceeding
! the running of the period of prescription of ULP as a criminal offense is considered
interrupted during the administrative proceeding
! final judgment in the administrative proceeding shall not be binding in the criminal case
nor considered evidence of guilt but merely as proof of compliance of requirements
* NLRC and Labor Arbiters have full power to provide remedial measures:
1. Preventive measures \u2013 in the form of Cease and Desist Orders which prohibit ULP

2. Remedial measures \u2013 in the form of Affirmative Orders (directed at redressing or correcting harmful effects of violation of public policy) requiring the guilty party to perform a positive act

* legal effects of violations of ULP:
- civil liability
- criminal liability
! when a company is adjudged guilty in a civil case, its officers are not liable in the
absence of malice, bad faith or negligence; and only such officers who have:
- actually participated
- authorized or
- ratified such ULP

ART. 248. Unfair labor practices of employers. - It shall be unlawful for
an employer to commit any of the following unfair labor practice:
(a) To interfere with, restrain or coerce employees in the exercise of
their right to self-organization;
(b) To require as a condition of employment that a person or an employee
shall not join a labor organization or shall withdraw from one to which he
(c) To contract out services or functions being performed by union members
when such will interfere with, restrain or coerce employees in the
exercise of their rights to self-organization;
(d) To initiate, dominate, assist or otherwise interfere with the
formation or administration of any labor organization, including the
giving of financial or other support to it or its organizers or
(e) To discriminate in regard to wages, hours of work and other terms and
conditions of employment in order to encourage or discourage membership in
any labor organization. Nothing in this Code or in any other law shall
stop the parties from requiring membership in a recognized collective
bargaining agent as a condition for employment, except those employees who
are already members of another union at the time of the signing of the
collective bargaining agreement. Employees of an appropriate bargaining
unit who are not members of the recognized collective bargaining agent may
be assessed a reasonable fee equivalent to the dues and other fees paid by
members of the recognized collective bargaining agent, if such non-union
members accept the benefits under the collective bargaining agreement:
Provided, that the individual authorization required under Article 242,
paragraph (o) of this Code shall not apply to the non-members of the
recognized collective bargaining agent;
(f) To dismiss, discharge or otherwise prejudice or discriminate against
an employee for having given or being about to give testimony under this

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