UNFAIR LABOR PRACTICE

Unfair Labor Practice (ULP) is not just an unlawful act of violating civil rights of
labor and management but also a criminal offense against the state. For decades, it has
been prevalent for such an employer or a labor organization to commit unfair labor
practices. As such notion, employees are threatened, abused, bullied and mistreated.
Some employees are discriminated by their employer or their labor organization. There
is law with regards to labor policies that protects employees against unfair labor practice
(ULP). Thus, the Congress of the Philippines signed by the President Ramon
Magsaysay on June 17, 1953 the Republic Act No. 875 that constitutes an act to
promote industrial peace and for other purposes. This law is composed of thirsty
sections including the unfair labor practices policy.

Unfair labor practice is committed by an employer or a labor organization. Unfair

labor practices committed by an employer are stated in Section 4 subsection one. Thus
stated in this section’s Paragraph one, to interfere with, restrain or coerce employees in
the exercise of the rights guaranteed in employees’ right to self-organization. Paragraph
two stated the Yellow Dog Condition which means 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 belongs to initiate, dominate, assist in or interfere with
the formation or administration of any labor organization or to contribute financial or
other support to it. Paragraph three is about Company unionism or Company Dominion
of union which means to discriminate in regard to hire or tenure of employment of any
term or condition of employment, to encourage or discourage membership in any labor
organization: Provide that nothing in this Act or in any other Act or statute of the
Republic of the Philippines shall preclude an employer from making an agreement with
a labor organization to require as a condition of employment membership therein, if
such labor organization is representative of the employees as provided in collective
bargaining agreement. Paragraph four which stated about the Retaliation by Employer
to dismiss, discharge or otherwise prejudice or discriminate against an employee for
having filed charges or for having given or being about to give testimony under this Act.
Paragraph five is about the Violation of Duty to Bargain which means to refuse to
bargain collectively with the representatives of his employee’s subject to the provisions
of collective bargaining agreement.

In addition, stated in Subsection two is about the unfair labor practice committee
by the labor organization. Paragraph one is about the Restraint or Coercion by Labor
Organization which means to restrain or coerce employees in the exercise of their right
to self-organization, provided that this paragraph shall not impair the right of a labor
organization to prescribe its own rules with respect to the acquisition or retention of
membership therein. Paragraph two focuses about Union Induced Discrimination that
states to cause or attempt to cause an employer to discriminate against an employee in
violation of subsection or to discriminate against an employee with respect to whom
membership in such organization has been denied or terminated on some ground other
than the usual terms and conditions under which membership or continuation of
membership is made available to other members. Paragraph three state about the
Refusal to Bargain which means to refuse to bargain collectively with the employer,
provided it is the representative of the employee’s subject to the provisions of sections
thirteen and fourteen. Paragraph four is called Featherbedding and Make-Work
arrangements which means 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 exaction,
for services which are not performed or not to be performed. On the other hand, the
person criminally liable committed by the employers are justified in two cases. If the
employer is a sole proprietorship, then the owner is the one criminally liable. If the
employer is a corporation, associations or partnership, officers and agents, then those
who have directly participated in, authorized or ratifies unfair labor practice shall be
criminally liable.

In my opinion, unfair labor practices are viewed as labor problems confronted by

employees at their workplace. Discrimination is one of the common problems.
Regardless of sex, age, beliefs, and race, discrimination still exist in the areas of hiring,
promotion, and compensation. The rate of unemployment of women is higher than of
men. Quite a number of establishments refuse to hire women. Some deprive women of
equal opportunities for career advancement. Age consideration is another discriminating
factor. Although the Labor Code defines the legal age brackets for employment, many
establishments still prefer employing workers who are neither too young not too old.
Finally, the issue of racial discrimination has become a disturbing reality for Filipino
overseas workers who are forced to take menial jobs as domestic helpers and laborers
even if their educational attainment and experience prove that they are over-qualified for
the work to take. In addition, the inhumane treatment of the labor organization or the
employer. Inhumane practices of employers include failure to implement wages and
compensations as prescribed by law, sexual harassments, physical abuses, illegal
dismissals, and other problems emanating from poor working condition.

A few years from now, unfair labor practice will continue to occur because of the
growing economy. As time passes by, we shall witness the rise of different kinds of
business establishments. So, I strongly oppose these kinds of practices. It is a toxic trait
and corrupts the environment of the workplace. Aside from its negative impact, the law
does not tolerate any types of unfair labor practice. If unfair labor practice is tolerated,
employees are restrained from their full potential of productivity. Employers and labor
organizations must abide with the law so that the workplace can be psychologically and
physically healthy to the employees.