1. What is unfair labor practice (ULP)?
ULPs are offenses committed by the employer or labor organization which violate the constitutional right of workers and employees to self-organization. ULP acts are inimical to the legitimate interests of both labor and management, disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations. (Art. 248 of the Labor Code, as amended)
2. What is the nature of ULP?
ULP is not only a violation of the civil rights of both labor and management, but also a criminal offense against the State. Criminal ULP cases may be filed with the regular courts. No criminal prosecution may be instituted, however, without a final judgment from the NLRC that an unfair labor practice was committed.
3. What are some of the ULPs committed by an employer?
ULP by management are as follows:
a) Requiring 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;
b) Contracting out services or functions being performed by union members when such will interfere with, restrain, or coerce employees in the exercise of their right to self-organization;
c) Discrimination as regards to wages, hours of work, and other terms and conditions of employment in order to encourage or discourage membership in any labor organization; and
d) Dismissal, discharge, prejudice or discrimination against an employee for having given or being about to give testimony under the Labor Code. (Art. 248, 249 of the Labor Code, as amended)
4. What are some ULPs committed by labor organizations?
A labor organization commits ULP by any of the following violations:
a) Restraint or coercion of employees in the exercise of their right to self-organization: However, the labor organization shall have the right to prescribe its own rules with respect to the acquisition or retention of membership; and
b) Causing or attempting 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 terminating 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.
5. What are ULPs committed by both employers and labor organizations?
ULPs by both management and labor organizations are as follows:
a) Interference, restraint, or coercion of employees in the exercise of their right to self-organization;
b) Violation of a collective bargaining agreement, when circumstances warrant;
c) Initiating, dominating, assisting or otherwise interfering with the formation or administration of any labor organization, including the giving of financial or other support to it or its organizers or supporters;
d) Violation of the duty to bargain collectively; and
e) Payment by employer of negotiation or attorney’s fees and acceptance by the union or its officers or agents as part of the settlement of any issue in collective bargaining or any other dispute (Art. 248, 249 of the Labor Code, as amended).