Chapter 3

Unfair Labor Practices of Labor Organizations

Discrimination- is the effect of a law or established practice that confers privileges on a certain class or
that denies privileges to a certain class. Section 260 (b) of the Labor Code considers discrimination against
an employee with respect to whom membership in a labor organization has been denied or termination
of an employee with respect to whom any ground, other than the usual terms and conditions of union
membership, or continuation thereof, is made available to other members.

Refusal to bargain collectively by a CBU is unfair labor practice

Refusal to bargain collectively by a collective bargaining unit is prohibited by Section 260 (c) of the Labor
Code. The refusal to bargain collectively can be committed only thereby if it is the authorized
representative of the employees, not otherwise. Labor union, in abandoning the grievance proceedings
and stubbornly refusing to avail of the remedies of the CBA violates the mandatory provision of the
collective bargaining agreement.

Check-off defined and explained

Check-off is a process or device whereby an employer, on agreement with the union, recognized as the
property bargaining representative, or on prior authorization from its employees, deducts unions dues or
agency fees from the latter’s wages and remits them directly to the union. The system of check-off is
primarily for the benefit of the Union and only indirectly for the individual employees. Its legal basis is
found in statutes or contracts.

Requisites for validity of check-off

Requisites for validity or special assessment for Union’s incidental expenses may be considered are (1)
authorization by a written resolution of the majority of all the members at the general membership
meeting duly called for the purpose; (2) secretary’s record of the minutes of the meting; and (3) individual
written authorization for check-off duly signed by the employees concerned. No deduction may be taken
from the workers who did not sign any check-off authorization.

When payment of attorney’s fees prohibited

Payment of atty.’s fees is prohibited only when it is effected through forced contributions from the
workers from their own funds as distinguished from union funds. Accepting atty.’s fees from employers
as part of the settlement of any issue in collective bargaining or any other dispute is prohibited under
Section 260 (e), Labor Code.