Article 247.

Concept of unfair labor practice REASON: Interference by a labor organization in

and procedure for prosecution thereof. Unfair itself is a function of self-organization. However ,
labor practices violate the constitutional right of if the interference amounts to restraint or coercion
workers and employees to self-organization, are then it becomes ULP.
inimical to the legitimate interests of both labor
3. To Ask for or accept negotiation or Attorney’s
and management, including their right to bargain
fees from employers as part of the settlement
collectively and otherwise deal with each other in
of any issue in collective bargaining or any
an atmosphere of freedom and mutual respect,
other dispute;
disrupt industrial peace and hinder the promotion
4. To cause or attempt to cause an employer to
of healthy and stable labor-management
Discriminate against an employee, including
relations.
discrimination against an employee with
Consequently, unfair labor practices are respect to whom membership in such
not only violations of the civil rights of both labor organization has been denied or terminate an
and management but are also criminal offenses employee on any round other than the usual
against the State which shall be subject to terms and conditions under which
prosecution and punishment as herein provided. membership or continuation of membership is
made available to other members;
Subject to the exercise by the President or
by the Secretary of Labor and Employment of the NOTE:A union member may not be expelled from
powers vested in them by Articles 263 and 264 of the union, and consequently from his job, for
this Code, the civil aspects of all cases involving personal or impetuous reasons or for causes
unfair labor practices, which may include claims foreign to the closed-shop agreement (Manila
for actual, moral, exemplary and other forms of Mandarin Employees Union v. NLRC, G.R. No. L-
damages, attorney’s fees and other affirmative 76989, September 29, 1987).
relief, shall be under the jurisdiction of the Labor
5. To cause or attempt to cause an employer to
Arbiters. The Labor Arbiters shall give utmost
pay or deliver or agree to pay or deliver any
priority to the hearing and resolution of all cases
money or other things of value in the nature of
involving unfair labor practices. They shall resolve
an Exaction, for services which are not
such cases within thirty (30) calendar days from
performed or not to be performed, including
the time they are submitted for decision.
the demand for a fee for union negotiations; or
Recovery of civil liability in the
Featherbedding ( make-work activities) refers
administrative proceedings shall bar recovery
to the practice of the union or its agents in
under the Civil Code.
causing or attempting to cause an employer to
pay or deliver or agree to pay or deliver money or
UNFAIR LABOR PRACTICES OF LABOR other things of value, in the nature of exaction, for
ORGANIZATIONS services which are not performed or not to be
performed, as when a union demands that the
ARTICLE 260 (formerly ART. 249): UNFAIR employer maintain personnel in excess of the
LABOR PRACTICES OF LABOR latter’s requirements.
ORGANIZATIONS
NOTE: It is not featherbedding if the work is
1. To Gross violate a collective bargaining performed no matter how unnecessary or useless
agreement; it may be.
2. To Restrain or coerce employees in the
exercise of their right to self-organization. 6. To Violate the duty or refuse to bargain
However, a labor organization shall have the collectively with the employer provided that it
right to prescribe its own rules with respect to is the representative of the employees.
the acquisition or retention of membership.
Persons civilly liable for ULP:
NOTE: Under the preceding article (LABOR
1. Officers and agents of employer;
CODE, Art. 255, formerly Art. 248) an employer
2. Labor organization, officers and agents;
commits ULP through interference, restraint or
and
coercion. But in Art. 259 (formerly Art. 249) “on
3. Agents and officers who participated or
ULP of labor organization, “interference” is left
authorized or ratified the act.
out.
Sweetheart Doctrine provides that it is ULP for a of any labor organization, including the
labor organization to ask for or accept negotiation giving of financial or other support to it or its
or attorney’s fees from the employer in setting a organizers or supporters;
bargaining issue or dispute. e) To discriminate in regard to wages, hours of
work and other terms and conditions of
Resulting CBA is considered a “ sweetheart
employment in order to encourage or
contract” – a CBA that does not substantially
discourage membership in any labor
improve the employees” wages and benefits and
organization. Nothing in this Code or in any
whose benefits are far below those that are
other law shall stop the parties from
provided by law.
requiring membership in a recognized
Blue-Sky Bargaining is defined as making collective bargaining agent as a condition for
exaggerated or unreasonable proposals. Whether employment, except those employees who
or not the union is engaged in blue-sky bargaining are already members of another union at the
is determined by the evidence presented by the time of the signing of the collective
union as to its economic demands. Thus, if the bargaining agreement. Employees of an
union requires exaggerated or unreasonable appropriate bargaining unit who are not
economic demands, it is guilty of ULP. members of the recognized collective
bargaining agent may be assessed a
NOTE: The Labor Code does not authorize the reasonable fee equivalent to the dues and
employer to close down the establishment on the other fees paid by members of the
ground of excessive demands of the Union. recognized collective bargaining agent, if
Instead, aside from the remedy of submitting the such non-union members accept the
dispute for voluntary or compulsory arbitration, benefits under the collective bargaining
the employer may file a complaint for ULP against agreement: Provided, that the individual
the union for bargaining in bad faith. If found authorization required under Article 242,
guilty, this gives rise to civil and criminal liabilities paragraph (o) of this Code shall not apply to
and allows the employer to implement a lockout the non-members of the recognized
but not the closure of the establishment resulting collective bargaining agent;
to the permanent loss of employment of the whole f) To dismiss, discharge or otherwise prejudice
workforce. or discriminate against an employee for
WHAT ARE EXAMPLES OF UNFAIR LABOR having given or being about to give
PRACTICES COMMITTED BY AN EMPLOYER? testimony under this Code;
g) To violate the duty to bargain collectively as
The law says: prescribed by this Code;
h) To pay negotiation or attorney’s fees to the
Article 248 of the Labor Code of the
union or its officers or agents as part of the
Philippines provides for the instances when an
settlement of any issue in collective
employer may commit unfair labor practice:
bargaining or any other dispute; or
Art. 248. Unfair labor practices of employers. It i) To violate a collective bargaining agreement.
shall be unlawful for an employer to commit any j) The provisions of the preceding paragraph
of the following unfair labor practice: notwithstanding, only the officers and agents
of corporations, associations or partnerships
a) To interfere with, restrain or coerce who have actually participated in, authorized
employees in the exercise of their right to or ratified unfair labor practices shall be held
self-organization; criminally liable.
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;
d) To initiate, dominate, assist or otherwise
interfere with the formation or administration
 WHAT ARE EXAMPLES OF UNFAIR LABOR
PRACTICES COMMITTED BY A LABOR
UNION?

The law says:

Article 249 of the Labor Code of the
Philippines provides for the instances when a
labor union, its officers, agents or representatives
may commit unfair labor practice, to wit:
Art. 249. Unfair labor practices of labor
organizations. It shall be unfair labor practice for a
labor organization, its officers, agents or
representatives:
a) 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;
b) 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;
c) To violate the duty, or refuse to bargain
collectively with the employer, provided it is
the representative of the employees;
d) 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;
e) 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
f) To violate a collective bargaining agreement.