Unfair Labor Practice

Unfair Labor Practice
Violations of the Right to Self-Organization
Atty. Jericho B. del Puerto
SME Business & Labor Lawyer
30 May 2017

What is unfair labor practice?
“It refers to ‘acts that violate the workers’ right to organize.’
Without that element, the acts, even if unfair, are not
[Unfair Labor Practice].”
Bankard, Inc. v. v. Bankard Employees Union-AWATU, G.R. No. 171664, 06 March 2013

What is unfair labor practice?
“Thus, an employer may only be held liable for unfair labor
practice if it can be shown that his acts affect in whatever
manner the right of his employees to self-organize.”
Notice: The rule also applies to a labor organization.

How is it committed?
Unfair labor practice may be committed either by the
employer or the labor organization against the employee.
LABOR CODE, Articles 258 – 260.

ULP by Employers
1. To interfere with, restrain or coerce employees in the exercise of their right to
self-organization;
2. 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;
3. 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;
4. To initiate, dominate, assist or otherwise interfere with the formation or
administration of any labor organization, including the giving of financial or
other support to it or its organizers or supporters;
LABOR CODE, Articles 259.

ULP by Employers
5. 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 the Labor 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. Employees of an appropriate bargaining
unit who are not members of the recognized collective bargaining agent may
be assessed a reasonable fee equivalent to the dues and other fees paid by
members of the recognized collective bargaining agent, if such non-union
members accept the benefits under the collective bargaining agreement:
Provided, that the individual authorization required under Article 242,
paragraph (o) of this Code shall not apply to the non-members of the
recognized collective bargaining agent;

ULP by Employers
6. To dismiss, discharge or otherwise prejudice or discriminate against an
employee for having given or being about to give testimony under this Code;
7. To violate the duty to bargain collectively as prescribed by this Code;
8. 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
9. To violate a collective bargaining.

ULP by Labor Organizations
1. 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;
2. 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;
3. To violate the duty, or refuse to bargain collectively with the employer,
provided it is the representative of the employees;

ULP by Labor Organizations
4. 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;
5. 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
6. To violate a collective bargaining agreement.

What evidence is required?
“… in order to show that the employer committed ULP
under the Labor Code, substantial evidence is required to
support the claim.”
Notice: Substantial evidence is “more than a mere scintilla of
evidence. It means such relevant evidence as a reasonable mind
might accept as adequate to support a conclusion, even if other
minds equally reasonable might conceivably opine otherwise."

What is the extent of liability?
“… an [Unfair Labor Practice] is punishable with both civil
and/or criminal sanctions.”
Notice: For purposes of criminal liability, the ones liable are only the
officers and agents of corporations, associations or partnerships who
have actually participated in, authorized or ratified the unfair labor
practices.
Bankard, Inc. v. v. Bankard Employees Union-AWATU, G.R. No. 171664, 06 March 2013; LABOR CODE, Articles 259.

Unfair Labor Practice

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