Right to Self- Organization,

Unfair Labor Practice and

Labor Organizations

Group 1
LABOR ORGANIZATION

01 Right to Self-Organization

Unfair Labor Practice

02

03 Case: Southern Federation of Labor

International Catholic Immigration

04 Commission , Petitioner
 01
Right to Self-
Organization
ARTICLE 253.

Coverage and Employees Right to Self-organization

• All persons employed in commercial, industrial, and agricultural enterprises and in religious,
charitable, medical, or educational institutions whether operating for profit or not, shall have
the right to self-organization and to form, join, or, assist labor organization of their own
choosing for purposes of collective bargaining, ambulant, intermittent and itinerant workers,
self-employed people, rural workers and those without any definite employers may form
labor organizations for their mutual aid and protection.

Balbuena’s Presenting….
ARTICLE 254.

Right Employees in The Public Service

• Employees of government corporations established under the

corporation code shall have the right to organize and bargain
collectively with their respective employers. All other employees in
the civil service shall have the right to form associations for
purposes not contrary to law.
ARTICLE 255.
Ineligibility of Managerial Employees to Join any Labor
Organization; Right of Supervisory Employees

• Managerial employees are not eligible to join, assist or form any

labor organization. Supervisory employees shall not be eligible for
membership in the collective bargaining unit of the rank-and-file
employees but may join, assist or form separate collective bargaining
units and/or legitimate labor organizations of their own.
ARTICLE 256.
Effect of Inclusion as Members of Employees Outside the Bargaining
Unit

• The inclusion as union members of employees outside the

bargaining unit shall not be a ground for the cancellation of
the registration of the union.
Said employees are automatically deemed removed from the
list of the membership of the said union.
ARTICLE 257.
Non-abridgment of Right to Self-Organization

• It shall be unlawful for any person to restrain, commerce, discriminate

against or unduly interfere with employees and workers in their exercise of
the right to self-organization. Such right shall include the right to form,
join, or assist labor organizations for the purpose of collective bargaining
through representatives of their own choosing and to engage in lawful
concerted activities for the same purpose or for their mutual aid and
protection, subject to the provisions of Article 264 of this code.
 02
Unfair Labor
Practice
ARTICLE 258.
CONCEPT OF UNFAIR LABOR PRACTICE AND
PROCEDURE FOR PROSECUTION THEREOF.
• ULPs are offenses committed by the employer or labor organization which violate the constitutional right
of workers and employees to self-organization.

• ULP acts are inimical to the legitimate interests of both labor and management, including their right to
bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect,
disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations.

• ULP is not only a violation of the civil rights of both labor and management, but also a criminal offense
against the State.

In essence, unfair labor practice relates to the commission of acts that transgress the workers’ right to
organize.

Tiu Presenting….
 Elements of Unfair Labor Practice

● Employer-employee relationship exists between the offender and the

offended.

● The act done is expressly defined in the code as unfair labor practice.
ARTICLE 259.

UNFAIR LABOR PRACTICES OF EMPLOYERS

(a)To interfere with, restrain or coerce employees in the exercise of their right to
self-organization;

(b)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;

(c) To contract out services or functions being performed by union members when
such will interfere with, restrain or coerce employees in the exercise of their rights to
self-organization;
ARTICLE 259.

UNFAIR LABOR PRACTICES OF EMPLOYERS

(e) To discriminate in regard to wages, hours of work and other terms and
conditions of employment in order to encourage or discourage membership in
any labor organization. Nothing in this Code or in any other law shall stop the
parties from requiring membership in a recognized collective bargaining agent as
a condition for employment, except those employees who are already members of
another union at the time of the signing of the collective bargaining agreement.

(f) To dismiss, discharge or otherwise prejudice or discriminate against an

employee for having given or being about to give testimony under this Code;
ARTICLE 259.

UNFAIR LABOR PRACTICES OF EMPLOYERS

(g)To violate the duty to bargain collectively as prescribed by this Code;

(h) To pay negotiation or attorney’s fees to the union or its officers or

agents as part of the settlement of any issue in collective bargaining or any
other dispute; or

(i) To violate a collective bargaining agreement.

 Yellow Dog Contract

• To require as a condition of
employment that a person or an
employee shall not join a labor
organization or shall withdraw from
one which he belongs.

Ramirez Presenting….
 Unfair Labor Practices of Labor Organizations

• To restrain or coerce employees in the exercise of their right to self-organization. However, a

labor organization shall have the right to prescribe its own rules with respect to the
acquisition or retention of membership;

• To cause or attempt to cause an employer to discriminate against an employee, including

discrimination against an employee with respect to whom membership in such organization
has been denied or to terminate an employee on any ground other than the usual terms and
conditions under which membership or continuation of membership is made available to
other members;

• To violate the duty or refuse to bargain collectively with the employer, provided it is the
representative of the employees;
• 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,
for services which are not performed or not to be performed, including the
demand for fee for union negotiations;

• To ask for or accept negotiation or attorney’s fees from employers as part

of the settlement of any issue in collective bargaining or any other dispute;
or

• To violate a collective bargaining agreement.

 Featherbedding

• is the name given to employee practices which create or spread

employment by unnecessarily maintaining or increasing the number
of employees used, or the amount of time consumed, to work on a
particular job.
 Sweetheart Contract

• This article considers it ULP for a labor organization to ask for or

accept negotiation or attorney’s fees from the employer in settling a
bargaining issue or a dispute.
Case: Southern
Federation of
Labor
v Ferrer-Calleja, G.R NO. 80882, 24,APRIL 1989
General Register. No. 80882 April 24, 1989

SOUTHERN PHILIPPINES FEDERATION OF LABOR (SPFL), petitioner,

vs.
HONORABLE PURA FERRER CALLEJA, Director, Bureau of Labor Relations, Department of
Labor and Employment, public respondent. MINDANAO MINERS EMPLOYEE UNION
SANDIGAN NG MANGGAGAWANG PILIPINO (SANDIGAN), forced intervenor-private
respondent. APEX MINING COMPANY, INC., employer-private respondent.

Proculo P. Fuentes, Jr. for petitioner.

Valeriano F. Pasquil and Ruben V. Abarquez for respondent Apex Mining Co., Inc.
Raul C. Nengasca and Antonio G. Jolejole for respondent Sandigan.

Sta.Rita Presenting….
 Summary:

• The issue raised in this petition is whether or not the public respondent committed grave abuse of
discretion in allowing the employees to vote in the certification election when, as alleged by the
petitioner, they are disqualified by express provision of law or under the existing collective bargaining
agreement.chanrobles.com.ph : virtual law library

It is maintained by the petitioner that under the Labor Code, managerial employees are excluded from
forming or joining a collective bargaining unit; and under the collective bargaining agreement executed
between Apex and respondent union, among those who are excluded from the bargaining unit are
managerial employees as defined in paragraph K, Article 212 of the Labor Code; b) those performing
supervisory functions; and c) those holding confidential positions as determined by the company.
Therefore, the employees holding the positions of Supervisors II and III and those in the confidential payrolls should be
excluded from joining the bargaining unit and from voting in the certification election. Likewise, those employees who are
not paying union dues should be excluded from the same since the existing CBA contains a Union shop provision.

The contentions have no merit.

As regards the employees in the confidential payroll, the petitioner has not shown that the nature of their jobs is classified as
managerial except for its allegation that they are considered by management as occupying managerial positions and highly
confidential. Neither can payment or non-payment of union dues be the determining factor of whether the challenged employees
should be excluded from the bargaining unit since the union shop provision in the CBA applies only to newly hired employees but
not to members of the bargaining unit who were not members of the union at the time of the signing of the CBA. It is, therefore, not
impossible for employees to be members of the bargaining unit even though they are non-union members or not paying union dues.c

WHEREFORE, the petition is hereby DISMISSED for LACK OF MERIT. Costs against the petitioner.c
 Case: INTERNATIONAL
CATHOLIC IMMIGRATION
COMMISSION
HON. PURA CALLEJA IN HER CAPACITY AS DIRECTOR OF THE BUREAU OF
LABOR RELATIONS AND TRADE UNIONS OF THE PHILIPPINES AND ALLIED
SERVICES (TUPAS) WFTU respondents.

Macale’s Presenting….
THAN
K YOU!
RECURSOS USADOS
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