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What is unfair labor practice?

Unfair labor practice refers to acts that violate the workers right to organize. The
prohibited acts are related to the workers right to self-organization and to the
observance of a CBA. Without that element, the acts, no matter how unfair, are not
unfair labor practices. The only exception is Art. 259 (f) [i.e. to dismiss, discharge or
otherwise prejudice or discriminate against an employee for having given or being
about to give testimony under this Code]. [Philcom Employees Union v. Phil. Global,
2006]

Is the commission of an unfair labor practice by an employer subject to


criminal prosecution?

YES, because ULPs are not only violations of the civil rights of both labor and
management but are also criminal offenses against the State which shall be subject
to prosecution and punishment (Art. 247, Labor Code; See also BP Blg. 386 as
amended by RA 6715). However, the criminal aspect can only be filed when the
decision of the labor tribunals, finding the existence of ULP, shall have become final
and executor.

ULP committed by EMPLOYERS ULP committed by LABOR


ORGANIZATIONS
Art. 248, Labor Code Art. 249, Labor Code
Only the officers and agents of Only the officers, members of governing
corporations, associations or boards, representatives or agents or
partnerships who have actually members of labor associations or
participated in or authorized or ratified organizations who have actually
ULPs are criminally liable. participated in or authorized or ratified
the ULPs are criminally liable.
Interference with, restraint or Restraint and coercion of
coercion of employees in the employees in the exercise of their
exercise of their right to self- right to self-organization
organization Discrimination
Yellow Dog Contract Duty of Union to bargain
Contracting out of services and collectively
functions Featherbedding
Company Union Demand or acceptance of
Discrimination negotiation fees or attorneys fees
Filing of charges or giving of Violation of the CBA
testimony
CBA-related ULPs
Payment of negotiation and
attorneys fees
Violations of the CBA
CIVIL Aspect CRIMINAL Aspect
includes claims for actual, moral and Can only be asserted before the regular
exemplary damages, attorneys fees, court
and other affirmative reliefs.
Generally, these civil claims should be
asserted in the labor case before the
Labor Arbiters who have original and
exclusive jurisdiction over unfair labor
practices.