LABOR - MANAGEMENT

RELATIONS

JOSEPHINE L. RIVERA
DISCUSSANT
Note:
Before we proceed the discussion lets defined first what is Labor
Relations, employee and employer.
• Labor Relations – is the relationship between management and
labor, especially with respect to the maintenance of
• agreements, collective bargaining, etc.
• Employer – is a person or institution that hires employees or
workers. Employers offer wages or a salary to the
• workers in exchange for the worker’s work or labor.
• Employee – is an individual who was hired by an employer to do a
specific job.
• Note: The employee is hired by the employer after an application
• and interview process results in his or her selection as an
• employee.
LABOR UNIONS
WHAT IS UNION?

• A union is an organized group of workers who

collectively use their strength to have a voice
in their workplace. Through a union, workers
have a right to impact wages, work hours,
benefits, workplace health and safety, job
training and other work-related issues.
• Note: Workers have the right to join a union. Having support from the union to ensure fairness
• and respect in the workplace is one of the key reasons workers organize.
• The union may negotiate with a single employer or may negotiate with a
UNFAIR LABOR PRACTICES
Objectives
• To discuss about the definition of
Unfair Labor Practice
• To identify the elements of Unfair
Labor Practice
• To identify and discuss about the
Unfair Labor Practices of Employers
and Labor Organizations
BOOK 5 LABOR RELATIONS TITLE 1 POLICY AND
DEFINITIONS CHAPTER 2 DEFINITIONS
ARTICLE.212. (K) UNFAIR LABOR PRACTICE – MEANS
ANY UNFAIR LABOR PRACTICE AS EXPRESSLY DEFINED
BY THE CODE
TITLE VI UNFAIR LABOR PRACTICES CHAPTER 1 – CONCEPT
ARTICLE 247
UNFAIR LABOR PRACTICES VIOLATE THE CONSITUTIONAL
RIGHTS OF WORKERS AND EMPLOYEES TO
SELFORGANIZATION, ARE INIMICAL TO THE LEGITIMATE
INTERESTS OF LABOR AND MANAGEMENT

• INCLUDING THEIR RIGHT TO BARGAIN COLLECTIVELY AND OTHERWISE DEAL

WITH EACH OTHER IN AN ATMOSPHEREOF FREEDOM AND MUTUAL RESPECT,
DISRUPT INDUSTRIAL PEACE AND HINDER THE PROMOTION OF HEALTHY AND
STABLE LABOR-MANAGEMENT RELATIONS.
CONSEQUENTLY, UNFAIR LABOR PRACTICES ARE NOT ONLY
VIOLATIONS OF THE CIVIL RIGHTS OF LABOR AND
MANAGEMENT
BUT ARE ALSO CRIMINAL OFFENSES AGAINST THE STATE WHICH
SHALL BE SUBJECT TO PROSECUTION AND PUNISHMENT AS
HEREIN PROVIDED.
PRESIDENT OR SECRETARY OF LABOR AND EMPLOYMENT –
SUBJECT TO EXERCISE POWERS VESTED IN THEM BY
ARTICLES 263 AND 264 OF THIS CODE, THE CIVIL ASPECTS OF
ALL CASES INVOLVING ULP, (LIKE CLAIMS FOR ACTUAL,
MORAL, EXEMPLARY AND OTHER FORMS OF DAMAGES).
LABOR ARBITERS – GIVES UTMOST PRIORITY TO THE
HEARING AND RESOLUTION OF ALL CASES INVOLVING
UNFAIR LABOR PRACTICES. THEY SHALL RESOLVE SUCH CASE
WITHIN 30 CALENDAR DAYS FROM THE TIME THEY ARE
SUBMITTED FOR DECISION.
ELEMENTS OF UNFAIR LABOR PRACTICES
• 1. EMPLOYER-EMPLOYEE RELATIONSHIP EXISTS BETWEEN THE
OFFENDER AND THE OFFENDED – NO ORGANIZATIONAL RIGHT
CAN POSSIBLY BE NEGATED IF EMPLOYER-EMPLOYEE
RELATIONSHIP IS ABSENT IN THE FIRST PLACE.
• 2. THE ACT DONE IS EXPRESSLY DEFINED IN THE CODE AS
UNFAIR LABOR PRACTICE – THE ACT DONE IS PROHIBITED BY
THE CODE, SPECIFICALLY IN ART. 248 FOR AN EMPLOYER AND
ART. 249 FOR LABOR ORGANIZATION.
• CHAPTER II UNFAIR LABOR PRACTICES OF EMPLOYERS
•UNFAIR LABOR PRACTICES OF
EMPLOYERS
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-organizati
• • 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 nonmembers 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. (As amended by Batas
Pambansa Bilang 130, August 21, 1981)
 TYPES OF UNION SECURITY CLAUSES

• • Closed shop—The employer agrees to hire only union members. An employee who resigns
from the union must be fired.
• • Union shop—The employer may hire anyone regardless of their union membership status,
but the employee must join the union within a set time period (such as 30 days). An
employee who resigns from the union must be fired.
• • Agency shop—The employer may hire anyone regardless of their union membership status,
and the employee need not join the union. However, all non-union employees must pay a fee
(known as the "agency fee") to the union to cover the costs of collective bargaining (and, in
some countries, other fees as well). An employee who resigns from the union may not be
fired but must pay the agency fee.
• Fair share provision—The employer may hire anyone
regardless of their union membership status, and the
employee need not join the union. However, all non-union
employees must pay a fee (known as the "fair share fee") to
the union to cover the costs of collective bargaining. An
employee who resigns from the union may not be fired but
must pay the fair share fee. In public sector collective
bargaining, where the agency shop is often outlawed, the fair
share provision (almost identical to the agency fee) may be
negotiated instead.
• Dues checkoff—A contract between the employer and
union where the employer agrees to collect the dues,
fees, assessments, and other monies from union
members and/or nonmembers directly from each
worker's paycheck and transmit those funds to the union
on a regular basis
• “Yellow Dog” Contract – A promise exacted
from workers or prospective employees
that they will not belong to, or form, a
union during their employment.
• Subcontracting – Contracting work out by an
employer is an unfair labor practice when it is
motivated by a desire to prevent his
employees from organizing and selecting
collective bargaining representative.
•• Run-Away Shop - Defined as an
industrial plant moved by its
owners from one location to
another to escape union labor
regulations, or state laws.
• • Featherbedding – Name given to
employee practices which create or
spread employment by unnecessarily
maintaining or increasing the number
of employees used, or the amount of
time consumed, to work on a
particular job.
•• “Sweetheart” Contract - This
article considers it ULP for a labor
organization to ask for or accept
negotiation or attorney’s fees
from the employer in settling a
bargaining issue or a dispute.