Unfair labor practices are violations of the constitutional rights of workers and employees to self-organization.[1] These illegal practices are considered inimical to the legitimate interests of both labor and management.[2] These unfair practices are likewise prejudicial to the labor and management’s right to bargain collectively, and otherwise deal with each other in an atmosphere of freedom and mutual respect.[3]These practices disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations.[4]

As the right to self-organization is constitutionally guaranteed, unfair labor practices may result in liabilities, including civil and criminal.[5]Unfair labor practice may be committed either by the employer[6] or the labor organization[7] against the employee.

Unfair labor practices of employers – The employer is prohibited from committing any of the following unfair labor practices:

  • To interfere with, restrain or coerce employees in the exercise of their right to self-organization;[8]
  • 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;[9]
  • 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;[10]
  • 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;[11]
  • 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 the Labor Code or in any other law shall stop the parties from requiring membership in a recognized collective bargaining agent as a condition for 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 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 non-union members accept the benefits under the collective bargaining agreement: Provided, that the individual authorization required under Article 242, paragraph (o) of this Code shall not apply to the non-members of the recognized collective bargaining agent;[12]
  • To dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under this Code;[13]
  • To violate the duty to bargain collectively as prescribed by this Code;[14]
  • 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 dispute;[15] or
  • To violate a collective bargaining.[16]

For purposes of criminal liability, the ones liable are only the officers and agents of corporations, associations or partnerships who have actually participated in, authorized or ratified the unfair labor practices.[17]

Unfair labor practices of labor organizations – The labor organization and its officers, agents, or representatives are prohibited from committing any of the following unfair labor practices:

  • 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;[18]
  • 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;[19]
  • To violate the duty, or refuse to bargain collectively with the employer, provided it is the representative of the employees;[20]
  • 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;[21]
  • 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;[22] or
  • To violate a collective bargaining agreement.[23]

For purposes of criminal liability, the ones liable are only the officers, members of the governing boards, representatives or agents or members of labor associations or organizations who have actually participated in, authorized or ratified the unfair labor practices.[24]

 

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[1] Ibid. Article 257.

[2] Ibid.

[3] Ibid.

[4] Ibid.

[5] Ibid.

[6] LABOR CODE. Article 258.

[7] See LABOR CODE. Article 259.

[8] LABOR CODE. Article 248 (a).

[9] LABOR CODE. Article 248 (b).

[10] LABOR CODE. Article 248 (c).

[11] LABOR CODE. Article 248 (d).

[12] LABOR CODE. Article 248 (e).

[13] LABOR CODE. Article 248 (f).

[14] LABOR CODE. Article 248 (g).

[15] LABOR CODE. Article 248 (h).

[16] LABOR CODE. Article 248 (i).

[17] LABOR CODE. Paragraph 2, Article 248.

[18] LABOR CODE. Article 249 (a).

[19] LABOR CODE. Article 249 (b).

[20] LABOR CODE. Article 249 (c).

[21] LABOR CODE. Article 249 (d).

[22] LABOR CODE. Article 249 (e).

[23] LABOR CODE. Article 249 (f).

[24] LABOR CODE. Paragraph 2, Article 249.