ARTICLE

Article 249 Unfair Labor

Practices of Labor
Organizations

NOTES
UNFAIR LABOR PRACTICES for LABOR ORGANIZATIONS
To restrain or coerce employees right to self organization.
Right to prescribe its own rules (acquisition or retention of
membership)

Cause an employer to discriminate employee to whom

membership has been denied or to terminate on any ground other than usual
terms and conditions

To violate the duty or refuse to bargain collectively

EXACTION (Featherbedding)

Sweethearts contract

To violate CBA
(BP 130)

a labor union may also be held liable under this article for unfair labor
practice (ulp)
courts will strike down their unfair treatment by their own unworthy leaders.
FEATHERBEDDING 249(D)

in the nature of exaction, for services which are not performed or not to be
performed, as when a union demands that the employer maintain personnel
in excess of the latters requirements.
ULP through COERCIVE MEANS
NO FEATHERBEDDING: if the [aid work is performed made no matter
how unnecessary or useless it may be to the employer.
SWEETHEARTS CONTRACT 249(E)
CBA considered as this/ sweethearts contract
It does not substantially improve the employers wages and benefits. It may
even provide below.
unfair to ask for accept negotiation or attorneys fees as part of
SETTLEMENT of any disputes.
UNION SECURITY CLAUSE
- stipulation in CBA, employer recognize right of the union to MAINTAIN
AND PROTECT ITS MEMBERSHIP BY IMPOSING CERTAIN TERMS
AND CONDITIONS IN HIRING employees and retention of employment.
PURPOSE:

CASE
Tanduay Distillery Labor Union vs NLRC
VALID FORMS OF UNION SECURITY
-

Closed shop arrangement

The union shop
Maintenance of membership shop
Preferential shop
Maintenance of treasury shop
Check-off provisions

Salunga vs CA (Closed shop agreement)

-

causes the administration of discipline by unions

to be affected with the public interest.
If said unions may be compelled to admit new
members, with more reason may the law and the
courts exercise coercive power when the
employee is a long standing union member who
was impelled to tender his resignation which he
withdrew and revoked. He may at least invoke his
rights of those who seek admission for the first
time, and not arbitrarily be denied readmission.

Liberty Flour mills vs Liberty four mills Labor alliance

Council (union shop)
Purpose: as a means of encouraging the workers to join
and support the labor union of their own choice as their
representative in the negotiation of their demands and the
protection of their interest vis--vis the employer.
Carino vs NLRC (maintenance clause)
-

this undertaking must not be done hastily and

summafrily. In bad faith for dismissing without

1.
2.
3.

PROTECTION whimsical and abusive exercise of management

prerogatives
BENEFITS additional source of income to union
SELF PRESERVATION selective acceptance

COMMON TYPES OF UNION SECURITY CLAUSES

1.
2.
3.
4.
5.

CLOSED SHOP AGREEMENT

UNON SHOP AGREEMENT
MAINTENANCE OF MEMBERSHIP CLAUSE
AGENCY SHOP
PREFERENTIAL SHOP AGREEMENT

1 ) CLOSED SHOP AGREEMENT

- an AGREEMENT
- Employer binds himself to hire only members of the contracting union
- must continue to remain members for the duration as condition for continued
employment.
2) UNION SHOP AGREEMENT
- clause
- right to hire persons without regard to their membership or non-membership in the
labor union.
- provision: person hired must become member of the union after specified period and
must maintain membership for the duration of agreement.
- can require to join not sooner than 30 days after the date of their employment
whichever is later.
- Can be fired only because of failure to pay regular dues and initiation fees.
3) MAINTENANCE OF MEMBERSHIP CLAUSE
-does not require non members to join but THOSE WHO DO JOIN MUST
MAINTAIN THEIR MEMBERSHIP for the duration of the union contract, under
penalty of discharge.
4) AGENCY SHOP aka Anti-free rider or hitchhiker
- arrangement which requires for payment of agency fee as condition of employment
for the benefits of these employees receive from CBA.
- EXCEPTIONS: bona fide religious objections.

giving then benefit of hearing.

Company immediately dismissed
Disregarding right to due process, self
organization and security of tenure.

Victoriano vs Elizalde rope Workers union

(religious belief)
-

5) PREFERENTIAL SHOP AGREEMENT

- right to select employees but with preference to qualified members of union.
Non-membership due to religious beliefs
- may not be compelled to join if their religious org prohibit them to join.
Valid Termination of employment pursuant to union security clause