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G. Unfair Labor Practices - Coggle Diagram

- - - - DOLE Assistance 282, - The Department of Labor, at the initiative of the Secretary of Labor, shall extend special assistance to the organization, for purposes of collective bargaining, of the most underprivileged workers who, for reasons of occupation, organizational structure or insufficient incomes, are not normally covered by major labor organizations or federations.
        
        Promotion of Labor-Cooperation Programs 292(g) - The Ministry shall help promote and gradually develop, with the agreement of labor organizations and employers, labor-management cooperation programs at appropriate levels of the enterprise based on shared responsibility and mutual respect in order to ensure industrial peace and improvement in productivity, working conditions and the quality of working life.
        
        Labor Management Committees (292h) - In establishments where no legitimate labor organization exists, labor-management committees may be formed voluntarily by workers and employers for the purpose of promoting industrial peace. The Department of Labor and Employment shall endeavor to enlighten and educate the workers and employers on their rights and responsibilities through labor education with emphasis on the policy thrusts of this Code.
      - Penalties and Prescription 303-305
        
        Penalties (303) - Except as otherwise provided in this Code, or unless the acts complained of hinge on a question of interpretation or implementation of ambiguous provisions of an existing collective bargaining agreement, any violation of the provisions of this Code declared to be unlawful or penal in nature shall be punished with a fine of not less than One Thousand Pesos (P1,000.00) nor more than Ten Thousand Pesos (P10,000.00), or imprisonment of not less than three months nor more than three years, or both such fine and imprisonment at the discretion of the court.
        In addition to such penalty, any alien found guilty shall be summarily deported upon completion of service of sentence.
        Any provision of law to the contrary notwithstanding, any criminal oﬀense punished in this Code shall be under the concurrent jurisdiction of the Municipal or City Courts and the Courts of First Instance.
        
        Persons Liable (304) - If the oﬀense is committed by a corporation, trust, firm, partnership, association or any other entity, the penalty shall be imposed upon the guilty oﬃcer or oﬃcers of such corporation, trust, firm, partnership, association or entity.
        
        Prescription (305) —
        
        GR - Oﬀenses penalized under this Code and the rules and regulations issued pursuant thereto shall prescribe in three (3) years.
        
        XCPN - All unfair labor practice arising from Book V shall be filed with the appropriate agency within one (1) year from accrual of such unfair labor practice; otherwise, they shall be forever barred.
        
        Remedies for ULP Violation.
        
        LC 259 Violation - note that these remedies are alternative.
        
        Administrative Complaint (LC 224) - Filed before the Labor Arbiter. This allows for a criminal complaint after finding of ULP.
        
        Filing of a Notice of Strike (278) - Strike on the grounds of unfair labor practice. The other ground is bargaining deadlock.
        
        Prescription (305 par. 2) - Within 1-year from accrual of the ULP.
    - - Effect of Violation - Violation of civil rights and criminal offense against the State. Jurisdiction over civil aspects of cases involving ULP are within the jurisdiction of the Labor Arbiters. Arbiters must resolve the cases within (30) calendar days from the time they are submitted for decision.
        
        No Double Recovery - Recovery of civil liability in admin proceedings shall bar recovery under the Civil Code.
        
        Criminal Liability - No criminal prosecution for ULP may be instituted unless a final judgment finding that ULP was committed is first obtained in an administrative proceeding. During the pendency of the proceeding, prescription is interrupted. But, finding in administrative proceeding is not binding in the criminal case.
      - Enumeration of ULP by Employers (259)
        
        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;
        
        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
        
        DISCRIMINATION
        
        DISCRIMINATE;conditions of work - 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;
        
        259e - discrimination re: labor standards. So long as criteria for discrimination is union membership. However, this does not apply to union-security clauses.
        
        DISCHARGE;TESTIMONY - or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under this Code;
        
        259f - Dismiss/Discharge/Prejudice against employee for giving testimony. Sir says odd one out, no relation to unions at face value. See Mabeza v. NLRC
        
        VIOLATION
        
        VIOLATE;CBA (LC 274 & Silva v. NLRC) - a collective bargaining agreement, must be flagrant or gross in nature and must involve the economic provisions of the CBA.
        
        259i - not ULP now. LC 274 provides that violations of CBA not ULP UNLESS gross. Gross means mean flagrant and/or malicious refusal to comply with the economic provisions of such agreement. If not gross then grievance, then go through grievance procedure.
        
        Rationale - RA 6715 wanted to promote voluntary arbitration. Thus, minimizes the scope of the violation of the CBA.
        
        VIOLATE - the duty to bargain collectively as prescribed by this Code;
        
        259g - Duty to bargain. Look to specific duty to bargain as defined in organized/unorganized establishments. Ex. Employer refuses to bargain once Kiok Loy requirements exist.
        
        (1) possession of the status of majority representation of the employees' representative in accordance with any of the means of selection or designation provided for by the Labor Code; (2) proof of majority representation; and (3) a demand to bargain under Article 251, par. (a) of the New Labor Code . ... all of which preconditions are undisputedly present in the instant case.
        
        INTERFERE
        
        2. 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;
        
        INTERFERE - with, restrain or coerce employees in the exercise of their right to self-organization;
        
        CONTRACT - 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;
        
        ULP by Employees (260)
        
        RESTRAIN/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;
        
        VIOLATE - the duty, or refuse to bargain collectively with the employer, provided it is the representative of the employees;
        
        VIOLATE;CBA - a collective bargaining agreement.
        
        CAUSE DISCRIMINATION - 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;
        
        CAUSE PAYMENT - 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;
        
        PAYMENT;Nego FEES - 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
        
        260b - Tempers union security clause. This means that union can't withhold membership unreasonably.
        
        260a - if another employee wants to build a rival union. Or, cross-union rivalries.
        
        Liability of Employees - 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
        
        259a - is the most common. Interfere, restrain, coerce because the most broad. Ex. Transfer workers who want to organize to a subsidiary.
        
        Discouraging - Discouraging employees from organizing via the conduct of speakers, etc. constitutes interference. However, may be difficult to prove.
        
        259b - Promotion of a particular union. Such as company dominated union.
        
        259c - Subcontracting. Here, merely contracting out is insufficient. There must be proof that the company prejudiced the union member's right to self-organize. There must be a showing of malice or arbitrary manner. This is because Subcontracting is a management prerogative.
      - Presumption - Civil and Criminal Liability. No presumption of ULP. Burden of proof on the party claiming ULP to prove because criminal implications.
  - - - Unfair Labor Practice (k) - means any unfair labor practice as expressly defined by this Code.