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Labor Relations 3

1. Unfair labor practices (ULPs) violate workers' rights to organize, disrupt workplace relations, and hinder collective bargaining. 2. ULPs can be committed by employers through actions like interfering with union activities, imposing yellow-dog contracts, contracting out work to discourage unions, discriminating against union members, and refusing to bargain in good faith. 3. Labor organizations can also commit ULPs by restraining employees' organizing rights, causing discrimination, violating duties to bargain, demanding illegal fees, or grossly violating contracts.

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44 views

Labor Relations 3

1. Unfair labor practices (ULPs) violate workers' rights to organize, disrupt workplace relations, and hinder collective bargaining. 2. ULPs can be committed by employers through actions like interfering with union activities, imposing yellow-dog contracts, contracting out work to discourage unions, discriminating against union members, and refusing to bargain in good faith. 3. Labor organizations can also commit ULPs by restraining employees' organizing rights, causing discrimination, violating duties to bargain, demanding illegal fees, or grossly violating contracts.

Uploaded by

Des Ecobisag
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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UNFAIR LABOR PRACTICES (ULP)

• Elements of unfair labor practices


• 1. criminal offenses against the state
• 2. violations of civil rights of both labor and management
• 3. violate the constitutional rights of workers and employees to self
– organization
• 4. 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
• 5. disrupt industrial peace
• 6. hinder the promotion of healthy and stable labor-management
relations and mutual respect
ELEMENTS OF UNFAIR LABOR
PRACTICE
• 1. Employer employee relationship between the offender and the
offended; and
• 2. Act done is expressly defined in the code as an act of unfair labor
practice
ULP THAT MAY BE COMMITTED BY EMPLOYER

1. INTERFERENCE : to interfere with, restrain or coerce employees in the


exercise of their right to self – organization
2. YELLOW DOG CONDITION - To require as a condition for employment
that a person or an employee shall not join a labor organization or
shall withdraw from one to which he belongs
• yellow dog contract – a promise exacted from workers as a condition
of employment that they are not to belong to, or attempts to foster, a
union during their period of employment. It is null and void because:
•1. it is contrary to public policy for it is tantamount to involuntary
servitude
•2. it is entered into without consideration for employee in waiving their
right to self organization
•3. employees are coerced to sign contracts disadvantageous to their
family
• 3. CONTRACTING OUT – 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 right
to self organization
• **contracting out is not illegal per se. it is only ULP when:
• The service contracted out are being performed by union
members
• Such contracting out interferes with, restrains, or coerce
employees in the exercise of their right to self-organization.
• However, when the contracting out is being done for business
reasons such as decline in business, inadequacy of equipment
or to reduce cost, then it is a valid exercise of management
prerogative
• RUNAWAY SHOP: An industrial plant moved by its owners from
one location to another to escape labor regulations or state
laws or to discriminate against employees at the old plant
because of their union activities
• 4. COMPANY DOMINATION OF UNION: 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 officers
• 5. DISCRIMINATION: 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
Test of discrimination:

• To discriminate in regard to wages, hours of work, and other


terms and conditions of employment in order to encourage or
discourage or discourage union membership
• 6. DISCRIMINATION BECAUSE OF TESTIMONY: to dismiss,
discharge or otherwise prejudice or discriminate against an
employee for having given or being about to give testimony
under the labor code. This includes refusal to give testimony
• 7. VIOLATION OF DUTY TO BARGAIN:
• The ffg. Acts constitute refusal to bargain:
• 1. alleging that the union is irresponsible
• 2. transferring operation to elude the union (runaway shop)
• 7. PAID NEGOTIATION – 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 disputes
• 8. VIOLATION OF CBA – the violation must be gross; flagrant
and or malicious refusal to comply with the economic
provision of the CBA
UNFAIR LABOR PRACTICES OF LABOR
ORGANIZATIONS
• 1. T o 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. ( example: dismissal against a member who
refuses to join a strike)
• 3. To violate the duty or refuse to bargain collectively with the
employer provided that it is the representative of the employees
• 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 a 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 grossly violate a collective bargaining agreement
• SWEETHEART DOCTRINE – 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 dispute
• BLUE SKY BARGAINING – is defined as making exaggerated or
unreasonable proposals. Whether or not the union is engaged
in blue-sky bargaining is determined by the evidence
presented by the union as to its economic demands.

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