Professional Documents
Culture Documents
Consequently, unfair labor practices are not only violations Resolution: they shall resolve such cases within 30 calendar
of the civil rights of both labor and management but are days from the time they are submitted for decision.
also criminal offenses against the State which shall be
subject to prosecution and punishment as herein provided. Note: recovery of civil liability in the administrative
proceedings shall bar recovery under the Civil Code.
Subject to the exercise by the President or by the Secretary
of Labor and Employment of the powers vested in them by 3. Criminal aspects of ULP
Articles 263 and 264 of this Code, the civil aspects of all
No criminal prosecution for ULP may be instituted without
cases involving unfair labor practices, which may include
a final judgment finding that ULP was committed, having
claims for actual, moral, exemplary and other forms of
been first obtained in the administrative proceedings
damages, attorney’s fees and other affirmative relief, shall
before the Labor Arbiters.
be under the jurisdiction of the Labor Arbiters. The Labor
Arbiters shall give utmost priority to the hearing and The running of the period of prescription of the criminal
resolution of all cases involving unfair labor practices. They offense, i.e., w/in 1 year from accrual of such ULP shall be
shall resolve such cases within thirty (30) calendar days considered interrupted.
from the time they are submitted for decision.
The final judgment in the admin proceedings shall not be
Recovery of civil liability in the administrative proceedings binding in the criminal case nor be considered as evidence
shall bar recovery under the Civil Code. of guilt but merely as a proof of compliance of the
requirements therein set forth.
No criminal prosecution under this Title may be instituted
without a final judgment finding that an unfair labor 4. Scope of ULP; burden of proof in ULP
practice was committed, having been first obtained in the
preceding paragraph. During the pendency of such General Rule: unfair labor practice can be committed only if
administrative proceeding, the running of the period of there exists employer-employee relationship.
prescription of the criminal offense herein penalized shall
Exception: yellow-dog contract
be considered interrupted: Provided, however, that the
final judgment in the administrative proceedings shall not An unfair labor practice act cannot be committed by or
be binding in the criminal case nor be considered as against managerial employees unless they are acting as
evidence of guilt but merely as proof of compliance of the agents of the employer in the commission of an ULP.
requirements therein set forth.
An unfair labor practice can be committed only against an
1. Concept of an unfair labor practice employee who exercises or has exercised his right to self-
organization.
Is an act of an employer or union or their agents, which
violates the violates the right of workers to self- It is the union who has the burden of proof to present
organization, which includes the right: substantial evidence to support its allegations of an unfair
labor practices committed by the employer.
a. To form a union
5. Penalties for unfair labor practices To discriminate in regard to wages, hours of work and
other terms and conditions of employment in order to
A fine not less than 1,000 nor more than 10,000 or encourage or discourage membership in any labor
more imprisonment of not less than 3 months nor organization. Nothing in this Code or in any other law shall
more than 3 years or both such fine and imprisonment stop the parties from requiring membership in a
at the discretion of the court. recognized collective bargaining agent as a condition for
Any provision of law to the contrary notwithstanding, employment, except those employees who are already
any criminal offense punished in ULP shall be under the members of another union at the time of the signing of the
concurrent jurisdiction of the regular courts. collective bargaining agreement. Employees of an
appropriate bargaining unit who are not members of the
6. Criminal liability of officers recognized collective bargaining agent may be assessed a
- They can be held criminally liable. reasonable fee equivalent to the dues and other fees paid
by members of the recognized collective bargaining agent,
7. Substantial evidence required to prove ULP if such non-union members accept the benefits under the
collective bargaining agreement: Provided, that the
Quantum or measure of evidence required in proceeding in individual authorization required under Article 242,
cases of unfair labor practices: paragraph (o) of this Code shall not apply to the non-
It requires only substantial evidence with respect to findings members of the recognized collective bargaining agent;
of facts; such relevant evidence as a reasonable mind might To dismiss, discharge or otherwise prejudice or
accept as adequate to support a conclusion. discriminate against an employee for having given or being
In prosecution of the criminal aspects of ULP, the same about to give testimony under this Code;
should be equated with offenses punishable under RPC To violate the duty to bargain collectively as prescribed by
where proof beyond reasonable doubt is a requirement. this Code;
8. Prescriptive period for ULP To pay negotiation or attorney’s fees to the union or its
An action for unfair labor practice should be filed within 1 officers or agents as part of the settlement of any issue in
year from accrual of such unfair labor practice, otherwise, it collective bargaining or any other dispute; or
shall be forever barred. To violate a collective bargaining agreement.
CHAPTER II The provisions of the preceding paragraph
UNFAIR LABOR PRACTICE notwithstanding, only the officers and agents of
corporations, associations or partnerships who have
Article 248. Unfair labor practices of employers. It shall be actually participated in, authorized or ratified unfair labor
unlawful for an employer to commit any of the following practices shall be held criminally liable.
unfair labor practice:
1. Employer’s interference
To interfere with, restrain or coerce employees in the
exercise of their right to self-organization; Interference – used to embrace both restraint and coercion.
To require as a condition of employment that a person or Direct – as when an employer requires an employee to sign
an employee shall not join a labor organization or shall a contract not to join a union (yellow-dog contract).
withdraw from one to which he belongs; Managerial employees are representatives of management,
To contract out services or functions being performed by thus, an employer is liable for the conduct and statements
union members when such will interfere with, restrain or of managerial or supervisory employees which might
coerce employees in the exercise of their rights to self- constitute interference.
organization; 2. Totality of conduct test
To initiate, dominate, assist or otherwise interfere with The test of whether or not an employer has interfered with
the formation or administration of any labor organization, and coerced employees within the meaning of Art. 258 (a)
including the giving of financial or other support to it or its of the Labor Code is whether the employer has engaged in
organizers or supporters; conduct that would reasonably tend to interfere with the
free exercise of the employee’s right to self-organization.
Many little acts when totalized or put together will place the maintaining a close personal relationship with union
conduct in an unfair labor practice category. officers, by dampening its militancy through concessions.
The right to self-organization necessarily includes the right 6. Contracting out of services being performed by
to collective bargaining. union members
3. Restraint and coercion Contracting out of service is not per se illegal unless it is
a. Economic coercion – exerted through wage designed to frustrate the right of workers to self-
increase, particularly prior election; granting of organization.
bonuses to strikers who return to work while
withholding it from those continuing to strike; 7. Acts of discrimination
promising permanent employment rather than a. Dismissal or lay-off – not per se an ULP unless it is
lay-offs, promotions and vacations with pay; committed because of union activities.
evictions from company houses. b. Closure or shutdown
b. Physical c. Rehiring – delayed reinstatement is a form of
c. Psychological discrimination in rehiring/ conditional
reinstatement
d. Transfer – if the new job is considered less
desirable and the purpose is discouragement of
4. Prohibition against yellow-dog contract union activity is held to be discriminatory. The
One of the ULP committed by an employer against an employee can quit his job and file a case of
application to the job is to require a condition of constructive dismissal.
employment that: e. Retrenchment
Moreover, SOLE may, in the exercise of his powers under Art. a. Closed shop agreement – only union members
278 (i) of the Labor Code to decide and resolve labor can be hired and workers must remain union
disputes, properly grant wage increases. members as a condition of continued
employment.
g. Rejecting a union’s claim to prove its majority b. Union shop – workers are not required to be
status union members when hired; but to maintain
h. Closure of business or shutdown to avoid continued employment, they must continue to
bargaining pay union dues and must join the CB agent in the
i. Sending bargaining representatives who are not bargaining unit.
authorized to make any kind of agreement. c. Maintenance of membership – employees who
j. Payment of negotiation or attorney’s fees to the are union members/became union members
union or its officers or agents as part of the must maintain union membership as a condition
settlement of any issue in collective bargaining or for continued employment until they are
any other dispute. (Sweetheart contract) promoted or transferred out of the bargaining
k. Engaging in surface bargaining unit or the agreement is terminated.
d. Agency shop – employees who do not join the
Surface bargaining – going through the motions of union must pay agency fees as a condition of
negotiating without any legal intent to reach an agreement. employment to help defray the union expenses as
a bargaining agent for the group or all employees.
- The employer appears to negotiate but avoids to
reach an agreement. Anti-free rider or anti-hitchhiker
Closed shop – an arrangement between an employer Defense: good faith (belief in good faith that such dismissal
and a contracting union whereby the employer binds was required by the closed-shop provisions in the CBA with
himself to hire only members of the contracting union the union)
who must continue to remain members in good
standing to keep their jobs. In terminating the employment of an employee by pursuant
to the union security clause, the employer should prove the
15. Non-union member compelled to join the ff:
contracting union (bargaining agent)
a. The union security clause is applicable;
If said employee or worker is a non-member of any labor b. The union demands for the enforcement of the
union, he can be compelled to join the contracting labor union security clause in the CBA;
union, and said refusal to do so would constitute a c. There is sufficient evidence to support the union’s
justifiable basis for his dismissal. decision to expel the union member.
20. Agency shop agreement (Anti-hitchhiker or free- CHAPTER III
rider clause); maintenance of treasury shop,
already provided under the law. UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS
Under Art. 259 of LC, an agency fee may be collected from Article 249. Unfair labor practices of labor organizations. It
employees who are non-union members; provided: shall be unfair labor practice for a labor organization, its
officers, agents or representatives:
a. The agency fee is a reasonable fee equivalent to
the dues and other fees paid by members of the a. To restrain or coerce employees in the exercise of
recognized bargaining agent; their right to self-organization. However, a labor
b. Such non-union members accept the benefits organization shall have the right to prescribe its
under the CBA; own rules with respect to the acquisition or
c. The individual authorization required under Art. retention of membership;
250 shall not apply to such non-union members. b. To cause or attempt to cause an employer to
discriminate against an employee, including
Maintenance of Treasury Shop discrimination against an employee with respect
to whom membership in such organization has
-applies to non-union members, who during the existence been denied or to terminate an employee on any
of the CBA, may be required to pay the union treasury, a ground other than the usual terms and conditions
sum equivalent of the dues and other fees paid by members under which membership or continuation of
of the recognized bargaining agent. membership is made available to other members;
- anchored on the ground that no one should be able to c. To violate the duty, or refuse to bargain
obtain benefits of collective bargaining without supporting collectively with the employer, provided it is the
the union that makes the benefits possible. representative of the employees;
d. To cause or attempt to cause an employer to pay
or deliver or agree to pay or deliver any money or
other things of value, in the nature of an exaction,
21. Agency-fee (fair share) provision not mandatory for services which are not performed or not to be
Art. 259 provides that “employees of an appropriate performed, including the demand for fee for
collective bargaining unit who are not members of the union negotiations;
recognized CBA may be assessed a reasonable fee e. To ask for or accept negotiation or attorney’s fees
equivalent to the dues paid by members of the recognized from employers as part of the settlement of any
CB agent, if such non-union members accept the benefits issue in collective bargaining or any other dispute;
under the CBA or
f. To violate a collective bargaining agreement.
22. Agency-fee (fair share) clause; its moral and legal g. The provisions of the preceding paragraph
anchor notwithstanding, only the officers, members of
governing boards, representatives or agents or
All non-union employees must pay a fair share fee to the members of labor associations or organizations
union that made the collective bargaining benefits possible. who have actually participated in, authorized or
ratified unfair labor practices shall be held
23. Principle of agency not the basis of collection of
criminally liable.
agency fees
The union acts as the bargaining agent, it assumes the 1. Restraint or coercion
responsibility imposed upon it by law to represent not only
It is ULP for a union to restrain or coerce employees in the
its members but all employees in the appropriate
exercise of their right to self-organization.
bargaining unit of which it is the agent.
2. Featherbedding activities (make-work activities)
24. Holy Cross ruling
It is a ULP of a union through coercive practices such as
Under this rule, the legal basis of the union’s right to agency
strikes or boycotts, or extortion for exacting or attempting
fees is quasi-contractual, deriving from the established
to exact from an employer, compensation for service not
principle that non-union employees may not unjustly enrich
rendered or not intended to be rendered.
themselves by benefiting from employment conditions
negotiated by the bargaining union. 3. Discrimination against employees
It is a ULP for a labor org to cause or attempt to cause an - A strike staged in violation of the CBA providing
employer to discriminate against an employee, including for conclusive arbitration clause also constitutes
discrimination against an employee with respect to whom an unfair labor practice.
membership in such organization has been denied or to - Disregard of grievance and voluntary procedures
terminate an employee on any ground other than the usual in the CBA.
terms and conditions under which the membership or
continuation of membership is made available to other
members. 7. Engaging in blue-sky bargaining, ULP
A union is guilty of an ULP for expelling a member who filed Blue-sky bargaining – making exaggerated or unreasonable
charges against the union officers. The employer is equally proposals.
liable with the contracting union if the former acceded to
the request of the latter for the dismissal of some In order to be considered as ULP, there must be proof that
employees of a competing union. the demands made by the union were exaggerated or
unreasonable.
4. Violation of duty to bargain collectively
TITLE VII
It is an ULP for a labor org to violate the duty, or refuse to
bargain collectively with the employer, provided it is the COLLECTION BARGAINING AND ADMINISTRATION OF
representative of the employees. AGREEMENTS
i.e., labor org declares a strike to compel an employer to Article 250. Procedure in collective bargaining. The
negotiate a CBA during the pendency of a petition for cert. following procedures shall be observed in collective
elec. bargaining:
- A strike in violation of “No strike, no lockout “to bargain collectively” – performance of mutual
clause in the CBA” obligation to meet and confer promptly and expeditiously
and in good faith for the purpose of negotiating an
agreement with respect to wages, hours of work and all
other terms and conditions of employment including e. They must execute a contract incorporating the
proposals for adjusting any grievances or questions arising agreement reached by the parties.
under such agreement and executing a contract f. The duty to bargain does not compel any party to
incorporating such agreement if requested by either party agree to a proposal or to make any concession.
but such duty does not compel any party to agree to a
proposal or to make any concession.
CBA – refers to a contract executed upon request of either 6. Usual contents of CBA p. 243-246
the employer or the exclusive bargaining representative No strike, no lockout clause – an agreement that the union
incorporating the agreement reached after negotiations shall not stage a strike and the employer shall not declare a
with respect to wages, hours of work, and all other terms lockout on the ground of bargaining deadlock during the
and conditions of employment, including mandatory lifetime of the CBA. It does not apply to an unfair labor
provisions for grievance and arbitration machineries. practice strike.
2. Nature of collective bargaining Escalator clause – an agreement which provides that wages
Collective bargaining denotes negotiations looking forward shall gradually increase in the event of sudden increase of
to a collective agreement. However, it does not end with the consumer price or cost-of-living index.
execution of an agreement. It is a continuous process. Effectivity clause:
3. Philosophy behind collective bargaining; labor is representation aspect – five (5) years
perishable, a day’s labor lost is not regainable
renegotiation aspect – three (3) years