After reading, What are the Unfair Labor Practices of Labor Organizations? read also, What Are Unfair Labor Practices Of Employers?
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Labor organizations exists for the purpose of dealing with employers concerning terms and conditions of employment
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It shall be unfair labor practice for a labor organization to restrain or coerce employees in the exercise of their right to self-organization
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Officers, members, or agents of labor organizations may be held criminally liable for engaging in unfair labor practices
Labor organization means any union or association of employees which exists in whole or in part for the purpose of collective bargaining or of dealing with employers concerning terms and conditions of employment.
It shall be unfair labor practice for a labor organization, its officers, agents or representatives:
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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;
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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;
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To violate the duty, or refuse to bargain collectively with the employer, provided it is the representative of the employees;
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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;
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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
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To violate a collective bargaining agreement.
Collective Bargaining Agreement refers to a contract executed upon request of either the employer or the exclusive bargaining representative of the employees incorporating the agreement reached after negotiations with respect to wages, hours of work and all other terms and conditions of employment, including proposals for adjusting any grievances or questions under such agreement.
Who should be held liable in case an unfair labor practice has been committed by a Labor organization?
The law says:
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.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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