Unfair Labor Practice: Meaning
Quick answer
An unfair labor practice, often shortened to ULP, is an act that the Labor Code lists as unfair because it attacks the workers' right to self-organization and to bargain collectively. Employers can commit it, and so can unions. It is both a civil wrong, decided by Labor Arbiters, and a criminal offense.
Also called: ULP
How does the Labor Code define it?
The definition in Article 219 212 is short. It sends the reader to the lists in the Code:
(k) "Unfair labor practice" means any unfair labor practice as expressly defined by this Code.
So only the acts the Code expressly lists are unfair labor practices. Article 258 [247] explains why the law punishes them:
Unfair labor practices violate the constitutional right of workers and employees to self-organization, are inimical to the legitimate interests of both labor and management, including their right to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect, disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations.
What acts of employers are unfair labor practices?
[Article 259 [248]](/law/labor-code/article-259) lists nine. The first is the general one:
(a) To interfere with, restrain or coerce employees in the exercise of their right to self-organization;
The others include requiring that an employee not join a union or leave one, contracting out union members' work to weaken the union, dominating or supporting a union, discriminating to encourage or discourage union membership, punishing an employee for giving testimony under the Code, refusing to bargain collectively, paying negotiation fees to the union, and violating the collective bargaining agreement. Under Article 274 [261], only gross violations of the agreement, meaning flagrant or malicious refusal to comply with its economic provisions, are treated as unfair labor practices; the rest are grievances.
Article 260 [249] lists the unfair labor practices of labor organizations, such as restraining or coercing employees in their right to self-organization.
What is not an unfair labor practice?
A management decision made in good faith that applies to everyone is not ULP just because union members are affected. In Sime Darby Pilipinas v. NLRC (1998), a factory changed the lunch break of all workers in the same line of work, union members or not. The Court held that the new scheme did not prejudice the union's right to self-organization. See management prerogative.
In Standard Chartered Bank Employees Union v. Confesor (2004), the Court required substantial evidence of ULP and found the union's claims unproven. It also described "surface bargaining" as "going through the motions of negotiating" without any legal intent to reach an agreement.
Who decides, and who is liable?
- Civil side. Labor Arbiters decide the civil aspects of ULP cases, including damages, under [Article 224 [217]](/law/labor-code/article-224) and Article 258.
- Criminal side. Article 258 says no criminal case may be filed without a final judgment in the administrative case finding that ULP was committed. Article 259 says only the officers and agents who actually took part in, authorized or ratified the act are criminally liable.
- Strikes. ULP is one of the grounds for a strike under [Article 278 [263]](/law/labor-code/article-278).
Example
Made-up illustration: Eric's supervisor tells him he will not be regularized unless he leaves the union. Requiring an employee to withdraw from a labor organization as a condition of employment is an unfair labor practice under Article 259(b), and threats that discourage union activity can also fall under item (a). Whether ULP was committed is decided on the evidence. For more examples, see unfair labor practice: examples.
See also the topic page on unions and strikes.
Which provisions use this term?
Frequently asked questions
What is an unfair labor practice in simple words?
It is an act by an employer or a union that the Labor Code lists as unfair because it attacks the workers' right to self-organization, such as interfering with union activity, discriminating against union members or refusing to bargain collectively.
Where are unfair labor practices listed?
Article 259 [248] of the Labor Code lists the unfair labor practices of employers. Article 260 [249] lists those of labor organizations. Article 219 212 says an unfair labor practice is only one expressly defined by the Code.
Is an unfair labor practice a crime?
Yes. Article 258 [247] says unfair labor practices are violations of civil rights and also criminal offenses against the State. A criminal case may be filed only after a final judgment in the administrative case finding that the unfair labor practice was committed.
Who decides unfair labor practice cases?
The civil aspects, including claims for damages, are under the jurisdiction of the Labor Arbiters, as Articles 224 [217] and 258 [247] provide.
How much proof is needed?
In Standard Chartered Bank Employees Union v. Confesor (2004), the Supreme Court said substantial evidence is required to support a claim of unfair labor practice.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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