Unfair Labor Practices

Learning Objectives
Know the concept of ULP; Identify the elements for an act to be identified as ULP; List and categorize the acts of ULP;
Learn the concept of Union Security Clauses; Identify the types of Union Security Clauses; Know the liabilities of ULP Offenders; and Be aware of the prescription of action for ULP.
Unfair Labor Practices

Group Activity
The class will be requested to be grouped into five (5) teams. Each team will be given cases wherein the team is expected to identify if: A ULP has been committed; Offender; and Specific Offense in 10 minutes. The first team to correctly identify all cases will be incentivized.
Unfair Labor Practices

Concept (Article 247)

The aim of labor relations policy is industrial democracy whose realization is most felt in free collective bargaining or negotiation over the terms and conditions of employment. But for bargaining and negotiation to be true and meaningful, the employees, first of all must organize themselves. The right to organize is enshrined in the Constitution, and any act intended to weaken or defeat is regarded by the law as an offense. The offense is called Unfair Labor Practice (ULP).
Unfair Labor Practices

Unfair Labor Practice

May be committed by an employer and/or a labor organization. If committed by an employer, it commonly connotes antiunionism. Historically based in RA No 875 and in line with the ILO Convention No. 98.

Unfair Labor Practices

Elements of ULP
1. Employer-employee relationship must exist; and 2. Act committed is expressly defined in the Code as an Act of ULP (Article 212K).

Unfair Labor Practices

Types of ULP
Acts may be committed by the following offenders: 1. Employer 2. Labor Organization

Unfair Labor Practices

Offender: Employer (Article 248)

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 right to selforganization; 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;
Unfair Labor Practices

Offender: Employer (Article 248)

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 this Code or in any other law shall stop the parties from requiring membership in a recognized collective bargaining agent as a condition of 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 collective 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 union members accept the benefits under the collective agreement. Provided, That the individual authorization required under Article 242, paragraph (o) of this Code shall not apply to the nonmembers of the recognized collective bargaining agent;
Unfair Labor Practices

Offender: Employer (Article 248)

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 attorneys fee to the union or its officer or agents as part of the settlement of any issue in collective bargaining or any other dispute; or 9. To violate a collective bargaining agreement.
Unfair Labor Practices

Caveat: Management Prerogative

Law on ULP does not deprive an employer of his fundamental right to prescribe or enforce rules as he honestly believe to be necessary to the proper, productive, and profitable operation of his business. The control of the employer over the employee must not be exercised as to effect a violation of the Act and its several prohibitions.
Unfair Labor Practices

Offender: Labor Organization (Article 249)

1. To restrain or coerce employees in their exercise of their right to self-organization; 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;

Unfair Labor Practices

Offender: Labor Organization (Article 249)

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 union negotiations; 5. To ask for or accept negotiations or attorneys 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.
Unfair Labor Practices

Offender: Labor Organization (Article 249)

Featherbedding Employee practices that create or spread employment by unnecessarily maintaining or increasing the number of employees used, or the amount of time consumed, to work on a particular job.
Unfair Labor Practices

Sweetheart Contract labor organization asks for or accepts negotiation or attorneys fees from the employer in settling a bargaining issue or a dispute.

Unfair Labor Practices

Union Security Clause

Union Security clause is a term applied to any form of agreement, usually part of a union collective bargaining agreement, in which an employer and a trade or labor union agree on the extent to which the union may compel employees to join the union, and/or whether the employer will collect dues, fees, and assessments on behalf of the union.
Unfair Labor Practices

Union Security Clause

Governed by law, fair play, and legality. Cannot be used by Union members against an employer, much less their own members, except with a high sense of responsibility, fairness, prudence, and judiciousness.

Unfair Labor Practices

Types: Union Security Clause

1. Closed Shop ER binds himself to hire only members of the contracting union who must continue to remain members of the union in good standing for the duration of the agreement as a condition for their continued employment.

Unfair Labor Practices

Types: Union Security Clause

1. Closed Shop ER binds himself to hire only members of the contracting union who must continue to remain members of the union in good standing for the duration of the agreement as a condition for their continued employment.

Unfair Labor Practices

Types: Union Security Clause

Exceptions to the Closed Shop a. Any employee who at the time the closed-shop agreement takes effect is a bona fide member of a religious organization which prohibits its members from joining labor unions on religious grounds; b. The employee already in the service and already members of a union other than the majority at the time the closed-shop agreement took effect; and c. Employees excluded from the closed-shop by express terms of the agreement.
Unfair Labor Practices

Types: Union Security Clause

2. Union Shop ER does not require an incoming employee to be a union member, but to retain employment such worker must become a union member after some period and maintain his membership therein in good standing for the duration of agreement.

Unfair Labor Practices

Types: Union Security Clause

3. Maintenance and Membership Clause ER does not require non union members to join the union but provides that those who did join must maintain their membership for the duration of the union contract, under penalty of discharge.

Unfair Labor Practices

Types: Union Security Clause

4. Agency shop Employees must either join the union or pay to the union as exclusive bargaining agent a sum equal to that paid by members.

Unfair Labor Practices

Aspects of ULP
1. Civil Within the jurisdiction of a labor arbiter Should be resolved within 30 days upon submission for decision Substantial evidence is required. Criminal Within the jurisdiction of the Municipal or the Regional Trial Court Will not be instigated without finding a ULP was committed Finding that a ULP has been committed shall merely be proof of compliance to the requirements of the Labor Code and the criminal aspect must be proven independently Proof beyond reasonable doubt is needed to convict.
Unfair Labor Practices

2.

Who are liable?

If the offense is committed by a corporation, trust, firm, partnership, association or any other entity (employer), the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership, association or entity. (Art.289)

Unfair Labor Practices

Who are liable?

If the offense is committed by labor organization, the parties liable are the officers, members of governing boards, representatives or agents or members of labor associations or organizations who have actually participated in authorized or ratified unfair labor practices shall be held criminally liable. (Art.249)

Unfair Labor Practices

Prescriptions of actions for ULP

ULP cases prescribe within 1 year from accrual of such unfair labor practice; otherwise, they shall be forever barred. (Art.290)

Unfair Labor Practices

References
Labor Code http://www.scribd.com/doc/48734650/Labor LawII Supreme Court Reports Annotated Quick Index-Digest 2007, 2008, 2009, 2011

Unfair Labor Practices

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Unfair Labor Practices