Quick answer

Unfair labor practices (ULP) are acts that violate the constitutional right of workers to self-organization and disrupt the legitimate relationship between labor and management; they are more than ordinary labor disputes because they strike at the heart of the workers' right to organize and bargain collectively. ULP may be committed by employers or by labor organizations. Employer ULPs include, among others: interfering with, restraining, or coercing employees in the exercise of their right to self-organization; requiring as a condition of employment that a person not join a union or withdraw from one (yellow-dog contracts); contracting out services to discourage unionism; discriminating in hiring or tenure to encourage or discourage union membership; dismissing or prejudicing an employee for giving testimony under the Labor Code; violating the duty to bargain collectively; and gross violation of the collective bargaining agreement. Union ULPs include restraining or coercing employees in their right to self-organization, causing an employer to discriminate against an employee, and violating the duty to bargain, among others. ULP has two aspects: a civil aspect and a criminal aspect. The civil aspect (the ULP case) is heard by the labor arbiters of the NLRC, and the reliefs include a cease-and-desist order, reinstatement with backwages of dismissed employees, and payment of damages. The criminal aspect is a separate matter: ULP is also a criminal offense, but the criminal case may be filed only after the final judgment in the labor (administrative) case finding that a ULP was committed, and the final judgment in the administrative proceeding is not binding in the criminal case (guilt must be proven beyond reasonable doubt). So unfair labor practices are acts violating the right to self-organization by employers or unions, carrying civil reliefs like reinstatement, backwages, and damages before the NLRC, and a separate criminal liability.

What ULP Is

Unfair labor practices (ULP) are acts that violate the right to self-organization and disrupt the labor-management relationship. They may be committed by employers or unions.

Employer ULPs

Civil and Criminal Aspects

ULP has a civil aspect (heard by the NLRC labor arbiters) with reliefs like a cease-and-desist order, reinstatement with backwages, and damages; and a separate criminal aspect, filed only after a final judgment in the labor case, where guilt must be proven beyond reasonable doubt.

Practical Takeaways

Frequently Asked Questions

What is unfair labor practice? Acts that violate the workers' constitutional right to self-organization and disrupt the labor-management relationship. ULP may be committed by employers or by labor organizations.

What are examples of employer unfair labor practices? Interfering with or coercing employees in their right to self-organization, yellow-dog contracts, discrimination in employment to encourage or discourage unionism, refusing to bargain collectively, and gross violation of the CBA, among others.

What reliefs are available for unfair labor practice? In the civil aspect before the NLRC, a cease-and-desist order, reinstatement with backwages of dismissed employees, and payment of damages. ULP also carries a separate criminal liability.

Can someone be jailed for unfair labor practice? ULP is also a criminal offense, but the criminal case may be filed only after a final judgment in the labor case finding a ULP was committed, and guilt in the criminal case must still be proven beyond reasonable doubt.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

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