Unfair Labor Practice

Unfair Labor Practice

of Labor Organizations
Atty. Dominic Victor C. De Alban
UNFAIR LABOR PRACTICES OF LABOR
ORGANIZATIONS (Art. 249)
1) 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;
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;
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 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 violate a collective bargaining agreement.
Criminal Liability
• Only 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.
1) Restraint and Coercion
• Union may interfere but not restrain or coerce
employees in the exercise of their right to self-
organization.
– Unlike ULP of employers which includes
interference.
– Because the law encourages interference since it
is through it that labor organizations are formed.
Examples
• Immediate dismissal of the employees who
wants to create another union.
• The mother federation was adjudged guilty of
ULP when it instigated the dismissal of
employees who sought to disaffiliate from the
same because it failed to address their
concerns.
Right to Prescribe Rules
• Since it is through rules that acquisition or
retention of membership is determined.
• Right to prescribe proper qualifications which
the members must maintain.
• If the rules are unreasonable or arbitrary then
it will be invalidated.
– It can even be a ground for ULP as in the case of
M.D. Transit vs. De Guzman
Example
• An employee who, because of heated
argument with an officer, resigned from the
union but unjustly refused admission when he
wants to make amends and was summarily
dismissed when the union sought the
implementation of the union security clause.
2) Discrimination
• There is a similar provision in ULP committed
by employers but in this case the initiative to
discriminate came from the labor
organization.
• If the act of discrimination by the employer
was instigated by the union, then both of
them can be declared guilty of ULP.
3) Duty to Bargain Collectively
• Only committed by the Sole and Exclusive
Bargaining Representative (SEBA).
• To ensure that the union will bargain in good
faith with the employer.
• Examples:
– Union coercing the employer to begin
negotiations when there are not yet the SEBA.
– Blue-sky bargaining on the part of employees.
4) Featherbedding
• A labour union practices that require the employer to
pay for the performance of what he considers to be
unnecessary work or for work that is not in fact
performed or to employ workers who are not needed.
• Featherbedding provisions in labour contracts may
result from the continuation of work rules that were
once efficient but that have become obsolete because
of changed technology.
• The Labor Code considers this practice wasteful and
without legitimate justifications.
5) Acceptance of Fees
• It is ULP for a labor organization to ask for or
accept negotiation or atty’s fees for settlement of
any issue during collective bargaining or any labor
dispute since it makes the union beholden to the
employer.
– Especially in the Philippines where the concept of
“Utang na Loob” is prevalent.
– It would affect the union’s effort in securing the most
beneficial terms and conditions of employment for
the employees.
6) Violation of CBA
• The violation of the CBA, as a rule, is an issue that
must be threshed out in the grievance machinery.
• Only GROSS violations of the CBA such as flagrant,
unjustified or malicious refusal to comply with the
economic stipulations in the CBA.
• Examples:
– Union insisting that there be negotiations even if the
CBA is still existing
– Union wants to implement a benefit not found in the
CBA
References:
• Alcantara, Samson. Labor Law Reviewer
(2014).
• Chan, Joselito. Labor Law Book II (2009).
• Labor Code of the Philippines.

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