Vous êtes sur la page 1sur 4

UNFAIR LABOR PRACTICE: EMPLOYER AND LABOR ORGANIZATION

ACTS VIOLATING RIGHT TO SELF-ORGANIZATION

1. Interference, Restraint and Coercion

 Art. [248] 259 (a)


To interfere with, restrain or coerce employees in the exercise of their right to self-organization;

 Art. [255] 267


Exclusive bargaining representation and workers’ participation in policy and decision-making. The
labor organization designated or selected by the majority of the employees in an appropriate
collective bargaining unit shall be the exclusive representative of the employees in such unit for the
purpose of collective bargaining. However, an individual employee or group of employees shall have
the right at any time to present grievances to their employer.

Any provision of law to the contrary notwithstanding, workers shall have the right, subject to such
rules and regulations as the Secretary of Labor and Employment may promulgate, to participate in
policy and decision-making processes of the establishment where they are employed insofar as said
processes will directly affect their rights, benefits and welfare. For this purpose, workers and
employers may form labor-management councils: Provided, That the representatives of the workers
in such labor-management councils shall be elected by at least the majority of all employees in said
establishment

 Art. [277] 292 (g)(h)


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 the shared responsibility and mutual respect in order to ensure industrial peace and
improvement in productivity, working conditions and the quality of working life. (Incorporated by
Batas Pambansa Bilang 130, August 21, 1981)

 Art. [277] 292 (h)


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. (As amended by Section 33, Republic Act No. 6715, March 21, 1989)

 Art. [249] 260 (a)


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;

2. Non-Union (or Withdrawal from) Membership as Condition for Employment

 Art. [248] 259 (b)


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;
3. Contracting Out to Discourage Unionism

 Art. [248] 259 (c)


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;

4. Company Dominated Union

 Art. [248] 259 (d)


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;

5. Discriminating to Encourage/Discourage Unionism

 Art [248] 259 (e)


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;

 Art [249] 260 (b)


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;

6. Retaliation for Testimony Against Employer

 Art [248] 259 (f)


To dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or
being about to give testimony under this Code;

7. Exaction – Feather Bedding

 Art [249] 260 (b)


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;
UNFAIR LABOR PRACTICE OF EMPLOYER (Insular Life Assurance Co)

1. Interference, Restraint and Coercion


- in sending out individually to the strikers the letters urging them to abandon their strike and return to
work, with a promise of comfortable cots, free coffee and movies, and paid overtime, and subsequently, by
warning them that if they do not return to work on or before June 2, 1958, they might be replaced.
(Unwarranted acts of interference as it constituted individual bargaining, which is prohibited because although
the Union is on strike, the employer is still under obligation to bargain with the union as the employee’s
bargaining representative)

- the letter contained promises of benefits to the employees in order to entice them to return to work, and
contained threats to obtain replacements for the striking employees in the event that they do not return to
work on June 2, 1958
(equivalent to an attempt to break a union, since the employees thus offered reinstatement are unable to
determine what the consequences of returning to work would be)

- Rodolfo Encarnacion, a former member of the board of directors of the petitioner, who became a “turncoat”
and who likewise testified to the union activities of some unionists, was made to spy on the activities of the
union members
(espionage by an employer of union activities, or surveillance thereof, are such instances of interference,
restraint or coercion of employees in connection with their right to organize, form and join unions)

- the offer of Christmas bonus to all “loyal” employees of a company shortly after the making of a request by
the union to bargain

- wage increases given for the purpose of mollifying employees after the employer has refused to bargain
with the union, or for inducing striking employees to return to work

- the employer’s promises of benefits in return for the strikers’ abandonment of their strike in support of
their union

2. Discriminating
- 63 members of the Unions were refused readmission because they had pending criminal charges. However,
despite the fact that that they were able to secure their respective clearances, they were still refused
readmission on the alleged ground that they committed acts inimical to the companies,

- Non-strikers who also had criminal charges pending against them in the fiscal’s office, arising from the same
incidents whence the criminal charges against the strikers evolved, were readily readmitted and were not
required to secure clearances.

- They separated the active from the less active unionists on the basis of their militancy, or lack of it, in the
picket lines.

- Delegation of power to readmit employees to a screening committee


(The chief of personnel records section and the assistant corporate secretary screened the unionists reporting
back to work. The mere act of placing in the hands of employees hostile to the strikers the power of
reinstatement, is a form of discrimination in rehiring)

Vous aimerez peut-être aussi