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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Under Article 258 of the Labor Code, as amended, Unfair Labor Practices violate the constitutional right of workers and employees to self-organization, 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, disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations.
Under Article 259 of the Labor Code, as amended, provides that it shall be unlawful for an employer to commit any of the following unfair labor practices:
- To interfere with, restrain or coerce employees in the exercise of their right to self-organization;
- 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;
- 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;
- 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;
- 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;
- To dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under this Code;
- To violate the duty to bargain collectively as prescribed by this Code;
- 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 labor dispute;
- To violate a collective bargaining agreement.
In the case of CCEA vs. NLRC, G.R. No. 121315 and 122136, July 19, 1999, the Supreme Court highlighted one of the unfair labor practices enumerated in the Labor Code, as amended.
In this case, the Supreme Court defined Runaway Shop as an industrial plant moved by its owners from one location to another to escape union labor regulations or state laws, but the term is also used to describe a plant removed to a new location in order to discriminate against the employees at the old plant because of their union activities.
It is one wherein the employer moves its business to another location or it temporarily closes its business for anti-union purposes. A runaway shop in this sense, is a relocation motivated by anti-union animus rather than for business reasons.
Related Articles:
- WHAT ARE UNFAIR LABOR PRACTICES OF EMPLOYERS?
- Who may be held criminally liable for unfair labor practices?
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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