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Chap 8 - Unfair Labor Practices

This document summarizes unfair labor practices under Philippine law. It defines the right to self-organization and discusses the differences between workers' associations and labor organizations. It also outlines limitations on union security agreements and lists types of agreements like closed shops and union shops. The document then examines the jurisdiction, burden of proof, and prescriptive periods for administrative, criminal, and civil unfair labor practice cases. Finally, it provides examples of unfair labor practices that can be committed by employers and labor organizations, such as interfering with union membership, failing to bargain collectively in good faith, and violating collective bargaining agreements.

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Annie Mananquil
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13 views

Chap 8 - Unfair Labor Practices

This document summarizes unfair labor practices under Philippine law. It defines the right to self-organization and discusses the differences between workers' associations and labor organizations. It also outlines limitations on union security agreements and lists types of agreements like closed shops and union shops. The document then examines the jurisdiction, burden of proof, and prescriptive periods for administrative, criminal, and civil unfair labor practice cases. Finally, it provides examples of unfair labor practices that can be committed by employers and labor organizations, such as interfering with union membership, failing to bargain collectively in good faith, and violating collective bargaining agreements.

Uploaded by

Annie Mananquil
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Chapter 8- Unfair Labor Practice (p.

268)

Right to self- organization= to form, join or assist in the formation of a labor


organization
Consti= Sec 8, Art III and Sec 3, Art XIII

Workers association Labor organization


organization created for mutual aid and association of employees created for
protection of its members for other collective bargaining and dealing with
legitimate purposes terms and conditions of employment

Who can form/ join a workers' association? All employees (Art 253)
Who can form/ join a labor organization? Supervisors and rank-and-file (Art 255,
LC)
Limitation: Union security arrangement - stipulation in CBA which requires
employees to maintain their union in good standing as a condition for continued
employment (Art 259, LC)

Types of Union Security Agreements (p. 270)

Types of Union Security Agreements:


Closed shop- employer can only hire members of the contracting union only.
Union shop- employer hiring non- members of contacting union in the condition
that they should join the union within a specific period and maintain their
membership in good standing
Maintenance of membership shop-employees who are members of the contracting
union must keep their membership in good standing during the lifetime of the CBA
to keep their jobs
Agency shop-do requirement of membership, only support in the form of agency
fees. (Art 259, LC)
Preferential shop- members be given preference or priority in filling of vacancies.
Resignation of the Union= only during freedom period (60- day period prior to
CBA expiry)
Failure to maintain membership= Dismissal (only if expressed in the CBA)

Procedure (p272)
Union member fails to maintain his membership in good standing
Union will recommend dismissal employer should ask Union
member to explain Dismissal should be affected by evidence.

Limitation on Union Security Agreements:


1) Cannot enforced against members already members of another union (Art 259)
2)Those refused admission
3) Those members of religious sectors

Unfair Labor Practice (p.279) - only refers to acts that violate the Right to Self-
Organization (Art 258, LC)

Who can commit Unfair Labor Practice? (p.283)


-Employers
-Labor Organizations

Aspects of Labor Practice:


Administrative Criminal Civil

original and jurisdiction is with


exclusive the MTC or RTC,
jurisdiction is with as per Art 303 of
Jurisdiction the Labor Arbiter the LC
of NLRC, as per
Art 224, Art 258,
LC

Can only be filed


when there is a
Proper time to file final judgement in
the administrative
proceedings (Art
258, LC)

Degree of proof Substantial Proof beyond


(Direct, reasonable doubt
circumstantial)

Burden of proof Complainant Complainant

Probative value need for Final judgement in


compliance of administrative
procedural case is not binding
requirement only in criminal case

1 year from 1 year from


Prescriptive commission (Art finality of admin
period 305, LC) case judgement
(Art 258, LC)
Liability Officers, agents of
business entity
and union officers/
members/agents

Unfair Labor Practices of Employers (p. 286)

Interference, Restraint or Coercion (Art, 259, LC)


Test- w/n employer has committed acts which hinder free exercise of employer's
right to self- organization

Is there violation of right to self-organization?


-Attempt of the Er to curtail or stifle the right of workers to organize/ join a union?
YES
- distribution of flyers of the union while working hours? NO
-questioning which hampers the exercise of free choice? YES.
-employer's motive is irrelevant
- prohibition of an employer to join a union? YES (Art. 259, LC)
- asked by employer to sever connection with union as condition for hiring? YES
- supporting/ assisting formation of union? YES. (Velez vs Pavwatchmen's union)
(Oceanic Air products vs CIR)
Complaint for Unfair Labor Practice poses a prejudicial question in Certification
Election proceedings

GR: Discrimination in membership in any labor organization does not constitute


unfair labor practice
E: Encouraging/Discouraging membership in any labor organization
(Pagkakaisang itinataguyod vs Ang Tibay)
Non-union members do not derive and enjoy the benefits under the CBA (Wise &
Co Inc. vs WWEU)

Dismissal for testifying against employer (p. 298)


-unlawful (Art. 259, LC)
- testimony should be related to matters that pertain to exercise of right to self-
organization to be able to constitute ULP = this situation also includes where an
employe who was dismissed because his brother testified against employer (PACC
vs Phil Am Cigar)

Violation of Duty to Bargain Collectively


-obligation to bargain must first exist
Requisites :
1) Must be a legitimate Labor organization
2) Union is composed of Ees of Er
3) Union must be chosen or designated by majority of Ees as Bargaining
representative
4) Union must be certified by DOLE

-obligation of one party to sit down with the other party to negotiate (in good faith)
the terms and conditions of CBA (Art 259, LC)
Violations:
Failure to comply with the 10 day requirement of an Er to submit a
counterproposal? NO.
Party goes through motions of negotiating w/o any intent to reach agreement? YES
Dismissal of Ee to ensure defeat of a union in Certification election? YES
- unilaterally rescinding a CBA and bargaining with a different group? YES.

Paying negotiation/ Atty's fees to union is unfair labor practice (Art 259, LC)

CBA violation (p. 305)


- Art. 259 and Art 274 of the LC
-violation must be GROSS in character
-to be considered ULP:
1) Must pertain to an economic provision (no ULP if violation arose from honest
mistake)
2) Flagrant or malicious

-violation of non-economic provision is not ULP as it is considered ordinary


grievances

Unfair Labor Practices of Labor Organizations (p.309)

Restraint/Coercion of Ee (Art 260, LC)


ULP-
Labor org who recommends dismissal of Ee who resigned from Union during
freedom period? YES
Expelling member who initiates petition for audit of union funds? YES

Causing discrimination against an Ee (Art. 260, LC) (p 310)


ULP-
Mere attempt? Yes. already considered.
Violation of Duty to Bargain Collectively (Art. 260, LC) (p.311)
- obligation to bargain must first exist. -those certified as bargaining agent must
first sit down with employer to negotiate before declaring a strike (Art 279, LC)
ULP-
Blue- sky bargaining? YES.
Labor org terminates a CBA before the 60-day period? YES. (Art. 264, LC)

Causing Er to pay for services which were not performed (Art. 260) (p.312)
ULP-
Demanding negotiation fee from Er? YES
Causing an Er to pay cash or in kind for services not rendered? YES.
Did not ask for negotiation fees or attys fees but nevertheless accepted? YES.

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