ARTICLE 255 of the

Labor Code of the Philippines

UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS
IT SHALL BE UNFAIR LABOR PRACTICE FOR A
LABOR ORGANIZATION,ITS OFFICERS, AGENTS, OR
REPRESENTATIVES:

TO VIOLATE THE DUTY, OR

REFUSE TO BARGAIN
COLLECTIVELY WITH THE
EMPLOYER, PROVIDED IT IS THE
REPRESENTATIVE OF THE
EMPLOYEES; (par. c)

Instances of ULP:
a. If labor organization declares strike to
compel an employer to negotiate a
collective bargaining agreement with it
during the pendency of certification
election.
b. By entering negotiations with a fixed
purpose of not reaching an agreement or
signing a contract.

TO RESTRAIN OR COERCE
EMPLOYEES IN THE EXERCISE
OF THEIR RIGHT TO SELFORGANIZATION. HOWEVER, A
LABOR ORGANIZATION SHALL
HAVE THE RIGHT TO
PRESCRIBE ITS OWN RULES
WITH RESPECT TO THE
ACQUISITION OR RETENTION
OF MEMBERSHIP; (par. a)

ULP of Employers
INTERFERENCE, RESTRAINT, or COERCION
ULP of Labor Organization
RESTRAINT or COERCION

 Interference by Labor Organization is a

function of self-organization.
However, if interference amounts to restraint or
coercion, it becomes ULP.
Some acts of unions and agents constitute
illegal restraint and coercion:
a.) Preventing employees who do not desire to
join a union strike for going to and returning
from work during the strike.

b.) Pickets threatening employees with physical

violence who desire to enter the plant.
c.) Union agent pushing a non-striker against the
wall and threatening him with bodily harm.
d.) Preventing non-strikers ingress to the plant by
standing and threatening them with physical
harm.

TO ASK FOR OR ACCEPT

NEGOTIATION OR ATTORNEYS
FEES FROM EMPLOYERS AS
PART OF THE SETTLEMENT OF
ANY ISSUE IN COLLECTIVE
BARGAINING OR ANY OTHER
DISPUTE; (par. e)

To allow union officers,

negotiators, or attorneys to
receive fat allowances or
fees from employers may
lead to the signing of a
CBA which is inadequate or
incomplete.
The resulting CBA is
considered a sweetheart
contract.

TO VIOLATE A COLLECTIVE
BARGAINING AGREEMENT;
(par. f)
CBA is not a mere contract but the law between parties
which must complied with in good faith.
Instances of ULP:

a. a strike staged in violation of the

CBA providing for conclusive
arbitration clause also constitute
an ULP.
b. Disregard of the grievance and voluntary
procedures in the CBA is an ULP.

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; (par. d)

 FEATHERBEDDING
(MAKE-WORKARRANGEMENTS)

- Refers to the practice of union or its

agents in causing or attempting to
cause an employer to pay or deliver
or agree to pay or deliver money or
other things or value, in the nature
of exaction, for services which are
not performed or not be performed
as when union demands that the
employer maintain-personnel in
excess of the latters requirement.

Instances of Featherbedding:
a. Union requires the employer to
use an excessive number of
men of the job to pay some men
he is not using.
b. Union requires employer to pay
stand-by employees.
c. Union requires unnecessary
work to be performed more than
once such as in construction and
printing industries.

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; (par. b)

Instances of ULP:
Union attempting to cause an employer
to discriminate against an employee.
A union member may not be expelled from
the union and consequently from his job,
for personal impetuous reasons or for
causes foreign to the closed-shop
agreement.
Expelling a member who filed charges
against the union officers.