ULP – discrimination against employee by reason of testimony

1. Violation of civil right - Labor Arbiter

2. Criminal aspect - Regular Court
Can not be filed both in LA & RC simultaneously

Elements of ULP

1. Er-ee relationship
2. Act of ULP

Guilty party

1. Employer – the guilty officers

2. Labor Organizations – Officers & members

ULP prescribes in 1year

EMPLOYER (VIC P. DY)

1. Violation of duty to bargain

Before the CBA – Wages, Hours of work or Other terms & condition of employment
When the CBA is in existence – duty to respect the CBA
2. Violation
3. Intimidation (Interference)
4. Contracting out services
5. Company domination of a union
6. Paid negotiation
7. Discrimination (exc. Union security clause)
8. Discrimination because of testimony
9. Yellow dog condition

LABOR ORGANIZATION

CBA procedures

1. There must be written notice embodying their proposals

DEADLOCK – work stoppage / strike
2. F
Jurisdictional precondition

1. Majority representation
2. Certification of majority representation
3. Demand to bargain

CBA commences 12months after the certification of EBR – Certification Year

CBA is a contract hence there must be a meeting of minds, except Arbitral Award