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AT A GLANCE:
Unfair labor practices may be committed by an employer or by labor organizations.
For ULP committed by employers, only the officers and agents of corporations, associations or partnerships who have actually participated in, authorized or ratified the ULP are criminally liable. (Article 259 of the Labor Code)
For ULP committed by labor organizations, only the officers, members of the governing boards, representatives, agents, or members of labor organizations who have actually participated in, authorized or ratified the ULP are criminally liable. (Article 260 of the Labor Code)
Who may commit unfair labor practices (ULP)?
Unfair labor practices may be committed by an employer or by labor organizations.
ULP committed by employers
For ULP committed by employers, officers or agents of the following may be held criminally liable
- Corporations;
- Associations; or
- Partnerships.
It must be noted for officers of agents of the foregoing to be held criminally liable, it must be shown that they if they have actually participated in, authorized or ratified the ULP.
Article 259 of the Labor Code provides that:
“It shall be unlawful for an employer to commit any of the following unfair labor practice:
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. Nothing in this 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;
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 dispute; or
To violate a collective bargaining agreement.
The provisions of the preceding paragraph notwithstanding, only the officers and agents of corporations, associations or partnerships who have actually participated in, authorized or ratified unfair labor practices shall be held criminally liable.” (Emphasis supplied.)
ULP committed by labor organizations
For ULP committed by labor organizations, the following persons may be held criminally liable:
- Officers;
- Members of governing boards;
- Representatives;
- Agents; or
- Members of labor organizations.
They may be held criminally liable if they have actually participated in, authorized or ratified the ULP.
Article 260 of the Labor Code provides:
“It shall be unfair labor practice for a labor organization, its officers, agents or representatives:
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;
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;
To violate the duty, or refuse to bargain collectively with the employer, provided it is the representative of the employees;
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;
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
To violate a collective bargaining agreement.
The provisions of the preceding paragraph notwithstanding, 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.” (Emphasis supplied.)
Read also: WHAT ARE THE UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS?
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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