PHR 326 - Module For Week No.17
PHR 326 - Module For Week No.17
Welcome Notes:
WELCOME BSBA STUDENTS!!!
Get ready to be challenged…
Learn something new everyday by adapting the
‘New Normal’
I. INTRODUCTION:
This lesson allows you to understand unfair labor practices existing in the Philippine labor arena.
Unfair labor practices are injustices happening worldwide. It is Unfair labor practice refers to actions
which violate relevant employment legislation regarding transgression carried out on by an employer
or a union.
II. OBJECTIVES:
At the end of this module, you should be able to:
1. define what Unfair Labor Practice is and
2. discover the unfair labor practices in real life scenarios.
Before you proceed to the main lesson, test yourself with this activity.
Instruction: Ponder on the following picture. What can you say about it?
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https://www.philstar.com/opinion/2018/10/08/1858131/editorial-decent-jobs
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GREAT!!!
You may now proceed to the main lesson.
Based on the preliminary activities, what did you notice about it?
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CONGRATULATIONS!
You may now proceed to the lesson.
Consequently, unfair labor practice is not only a violation of the civil rights of both labor and
management but also criminal offenses against the state which shall be subject to prosecution and
punishment as herein provided.
Subject to the exercise by the President or the Secretary of Labor and Employment of the powers
vested in them under Articles 277 and 278 of this Code, the Civil aspects of all cases involving Unfair Labor
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Practices, which may include claims for actual, moral, exemplary and other forms of damages, attorney's
tees and other affirmative relief shall be under the jurisdiction of the Labor Arbiters.
The Labor Arbiters shall give utmost priority to the hearing and resolution of all cases involving
Unfair Labor Practices. They shall resolve such cases within thirty (30) days from the time they are
submitted for decision.
Recovery of civil liability in the administrative proceedings shall bar recovery under the Civil Code. No
criminal prosecution under this title may be instituted without a final judgment finding that an Unfair Labor
Practice was committed, having been first obtained in the preceding paragraph.
During the pendency of such administrative proceedings, the running of the period of prescription
of the criminal offense herein penalized shall be considered interrupted. Provided however that the final
judgment in the administrative proceedings shall not be binding in criminal case nor be considered as
evidence of guilt but merely as proof of compliance with the requirement therein set forth (as amended by
BP blg. 70 May 1. 1980 and later by RA 6715. Sec 19. March 21. 1989).
Refusal to bargain with the Unregistered Union is not ULP on the part of the Employer
Not being a legitimate labor organization, such union is not entitled to those rights granted to a
legitimate labor organization under the Labor Code (Eden Gladys Abania, et al vs. NLRC GR No 154113.
December 7, 2011)
It being sufficient to reasonably inter that the and unions conduct of the employer have adverse effect on
employees self organization and collective bargaining (Insular Lite Assurance Co Ltd Employers Assn
NATU vs Insular Life Assurance Co. Ltd 37 SCRA 244)
An employee made a remark "wala akong tiwala sa Union nyo", The union then demanded her
dismissal which the company acceded based on union security clause in the CBA. The court found ULP on
that part of the Union saying: "Union security clauses are also governed by law and by principle of justice,
fair play and legality. Union security clauses cannot be used by union officials against an employer much
less their own members, except with high sense of responsibility, fairness, prudence and judiciousness"
(Manila Mandarin Employees Umon us NLRC 154. SCRA 368)
Union is Guilty of ULP when it went to Strike without Resorting First of the Grievance Mechanism in
consonance with the CBA
A strike which is in violation of the CBA provision on "No strike / No Lockout Policy" is illegal,
especially when such terms provides for conclusive arbitration (Liberal Labor Union vs Phil Can Co 91 Phil
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72).
The union is guilty of ULP because it went on strike instead of exhausting all the steps provided in the
grievance machinery of the CBA in order to resolve the dispute amicably (Phil Airlines vs PAL Employees
Assn L-8197 October 31 1958)
2. Refusal to bargain
The effect of an employer's or union s actions individually is not the test of good faith (bad faith) bargaining,
but the impact of all such occasions on actions, considered as a whole (Gen Milling Corp vs CA Gen Milling
Corp Independent Labor Union (GMC-(LU) GR No 146728 February 11 2004)
Failure to reach an agreement after negotiations continued for a reasonable period does not
establish lack of good faith for the duty to bargain does not include the obligation to reach an agreement
(Samahang Manggagawa sa Top Farm Manfacturing United Workers of the Phil Vs NLRC et al GR No
113856. September 7. 1998). Indeed, the adamant insistence on a bargaining position to the point where
the negotiations reached an impassee does not establish bad faith.
Neither can bad faith be inferred from a party s insistence on the inclusion of a particular
substantive provision unless it concerns trivial matters or is obviously intolerable (ibid) See also Devine
World University of Tacloban (DWU-Tacloban) vs Secretary of Labor Gr No 91915, September 11, 1992).
The laws invite and contemplate a collective bargaining contract but they do not compel one The duty to
bargain does not include the obligation to reach an agreement. Thus, the company's insistence on a
bargaining position to the point of stalemate does not establish bad faith (Tabangao Shell Refinery
Employees Assn vs Filipinas Shell Petroleum Corp G.R 17007), April 7 2014).
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Refusal to bargain
The employer by its refusal to bargain is guilty of violating the duty to bargain collectively in good
faith. Hence the union's draft of CBA proposal may unilaterally be imposed upon the employer as the CBA
to govern their relationship (Devine World University Tacloban vs. Secretary of Labor 213 SCRA 759).
A company's refusal to make counter-proposal to the union's CBA proposal is an indication of its
bad faith and an employer who sternly refused to bargain in good faith with the union is guilty of Unfair
Labor Practice (ULP) (Colegio De San Juan D Letran vs Assn of Emplyees and Faculty of Letran 340
SCRA 587)
Individual Bargaining
It is Unfair Labor Practice (ULP) for an employer to negotiate or to attempt to negotiate with his
employees individually in connection with changes in the agreement. And the basis of the prohibition
regarding individual bargaining with the strikers is that although the union is on strike, the employer is still
under obligation to bargain with the union as the employees bargaining representative (Melo Photo Supply
Corp vs. NLRC 321 US 332).
Unresolved grievances will be referred to voluntary arbitration and for this purpose, parties to a
CBA shall name and designate in advance a voluntary arbitrator or panel of voluntary arbitrators preferably
from the list of voluntary arbitrators accredited by the Board (National Cancellation and Mediation Board)
(Sec 1 Rule XIX Omnibus Rules Implementing Labor Code as amended)
Grievance Committee
In the absence of applicable provisions in the CBA, a Grievance Committee shall be established to
be composed of two (2) representatives each from the employer and the bargaining agent unless otherwise
agreed by the parties (ibid).
Where the CBA does not designate the Board shall call the parties and appoint an arbitrator or panel of
arbitration when shall thereafter commence arbitration proceedings (Sec. 2 bild). In instances where parties
failed to select voluntary arbitrator or panel at arbitrators the regional branch of the NCMB shall designate
the same as may be necessary with the same effect if they were chosen by them (Sec. 3, ibid).
NLRC / Regional Director has no Jurisdiction over cases falling within the Jurisdiction of the NCMB
The National Labor Relations Commission (NLRC) and its regional branches and the Regional
Director of the Department of Labor and employment (DOLE) shall not entertain disputes grievances or
matters under the exclusive and original jurisdiction of the National Conciliation and Mediation Board
(NCMB)/ The NLRC or the Regional Director shall immediately dismiss the case and refers the same to the
appropriate grievance machinery or voluntary arbitration as provided for in the CBA (ibid).
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Selection of Representatives
In organized establishments, the workers representatives to the council shall be nominated by the
exclusive bargaining agent. In establishments where no legitimate labor organization exists, the workers'
representative shall be elected directly by the employees at large (Sec. 2, ibid). (Penaflor, 2017)
We had just finished the discussion on Unfair Labor Practice. Let’s move
on to the next higher level of activity/ies or exercise/s that demonstrates your
potential skills/knowledge of what you have learned.
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VI. GENERALIZATION
Name: ______________________________ Course & Section: __________________
Instruction: Answer the following case scenarios with legal basis.
1. Ana, a Labor Union filed a ULP case against the employer for the latter’s refusal to terminate Y, an
employee who protested for the deduction of union dues in his salary since Y is a member of
another union in the same bargaining unit. What can you say on this case at bench?
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KUDOS!
You have come to an end of Module 17.
OOPS! Don’t forget that you have still an assignment to do.
Here it is….
VII. ASSIGNMENT
Name: ______________________________ Course & Section: __________________
Instruction: Identify whether the statement is TRUE or FALSE.
____1. In the absence of applicable provisions in the CBA, a Grievance Committee shall be
established to be composed of two (2) representatives each from the employer and the bargaining
agent unless otherwise agreed by the parties (ibid).
____2. The parties to a CBA shall establish machinery for the expeditious resolution of grievances
arising from the interpretation or implementation of the CBA and those arising from interpretation
and or enforcement of company personnel policies.
____3. It is fair Labor Practice for an employer to negotiate or to attempt to negotiate with his
employees individually in connection with changes in the agreement.
____4. Violations of a Collective Bargaining Agreement, except those which are gross in character
shall no longer be treated as an unfair labor practice but as grievance under the CBA (Silva vs
NLRC 274 SCRA 159).
____5. The voluntary arbitrator or panel or voluntary arbitrators shall have the power to hold hearings,
receive evidence and take whatever action is necessary to resolve the issue subject of the
disputes.
After your long journey of reading and accomplishing the module, let us now
challenge your mind by answering the evaluation part of this module.
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VIII. EVALUATION
3. How many days should the labor arbiters resolve unfair labor practice cases under the Labor
Code?
A. Within 20 days
B. Within 30 days
C. Within 40 days
D. Within 50 days
5. Which of the following are considered Unfair Labor Practice (ULP) in Collective Bargaining?
A. Bargaining in bad faith
B. Refusal to bargain
C. Individual bargaining
D. All answers are correct
6. In the absence of applicable provisions in the Collective Bargaining Agreement, what shall be
established to be the representatives of the employer and the bargaining agent?
A. Grievance Committee
B. Governance Committee
C. Non-Governance Committee
D. All answers are correct
8. What is the remedy in case the grievance on unfair labor practice remains unresolved?
A. Report it to NLRC
B. Submit to Voluntary Arbitration
C. Submit to the Grievance Committee
D. All answers are correct
9. Why do the National Labor Relations Commission (NLRC) and its regional branches and the
Regional Director of the Department of Labor and employment (DOLE) shall not entertain disputes
grievances?
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A. The NLRC or the Regional Director shall immediately dismiss the case and refers the same to
the appropriate grievance machinery or voluntary arbitration as provided for in the CBA.
B. The statement is incorrect for it should be forwarded to the NLRC and DOLE.
C. Dole should solely be responsible to this case at hand.
D. All answers are correct
10. Which of the following statement is correct about labor education of workers or employees?
A. The DOLE shall develop, promote and implement appropriate labor education and research
programs on the rights and responsibilities of workers and employers.
B. It shall be the duty of every legitimate labor organization to implement a labor education
program for the members on their rights.
C. Every legitimate labor organization shall maintain a special fund for Labor Code and research
education.
D. All answers are correct