ARTICLE 255 of the Labor Code of the Philippines

UNFAIR LABOR PRACTICES OFLABOR ORGANIZATIONS

IT SHALL BE UNFAIR LABOR PRACTICE FOR A LABOR ORGANIZATION,ITS OFFICERS, AGENTS, ORREPRESENTATIVES:

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

ULP of EmployersINTERFERENCE, RESTRAINT, or COERCIONULP of Labor OrganizationRESTRAINT or COERCION 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; (par. a)

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 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:

Union requires the employer to use an excessive number of men of the job to pay some men he is not using.Union requires employer to pay stand-by employees.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.