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Unformatted text preview: labor,
although
the
offender
may
either
be
an
employer
or
a
labor
 organization
 • Article
 246
 –
 it
 is
 unlawful
 for
 any
 person
 to
 restrain,
 coerce,
 discriminate
against
or
 unduly
interfere
with
the
exercise
of
the
right
 to
S.O.
 • The
 victim
 of
 the
 offense
 is
 not
 just
 the
 workers
 as
 a
 body
 and
 the
 well‐meaning
employers
who
value
industrial
peace,
but
the
State
as
 well
 o Hence,
 ULP
 is
 a
 crime
 which
 carries
 civil
 and
 criminal
 liabilities
 • ULP,
 when
 committed
 by
 the
 employer,
 commonly
 connotes
 anti‐ unionism
 • Elements
 o Employer‐employee
 relationship
 between
 the
 offender
 and
 the
offended
 ULP
 is
 negation
 of,
 a
 counteraction
 to
 the
 right
 to
 organize
 which
 is
 available
 only
 to
 employees
 in
 relation
to
their
employer
 55
 Act
done
is
expressly
defined
in
the
Code
as
an
act
of
ULP
 Prohibited
 acts
 are
 all
 related
 to
 the
 workers
 S.O.
 right
 and
 to
 the
 observance
 of
 the
 CBA,
 except
 dismissal
 or
 prejudicing
 an
 employee
 for
 giving
 testimony
 As
such,
not
every
unfair
act
is
ULP
 • Prejudice
to
public
interest
not
an
element
of
ULP
 o Showing
of
prejudice
to
public
interest
is
not
a
requisite
for
 ULP
charges
to
prosper
 Prosecution
of
ULP
 • ULP
has
civil
and
criminal
aspect
 o Civil
 may
 include
 liability
 for
 damages
 and
 these
 may
 be
 passed
upon
by
a
labor
arbiter
 o To
 prosecute
 ULP
 as
 criminal
 offense
 is
 not
 possible
 until
 after
 finality
 of
 judgment
 in
 the
 labor
 case,
 finding
 that
 the
 respondent
 indeed
 committed
 ULP.
 But
 such
 judgment
 will
 not
 serve
 as
 evidence
 of
 ULP
 in
 the
 criminal
 case;
 the
 criminal
 charge
 must
 be
 proved
 independently
 from
 the
 labor
case
 o Criminal
 charge
 falls
 under
 concurrent
 jurisdiction
 of
 the
 Municipal
or
Regional
Trial
Court
 o Penalty
 imposed
 upon
 guilty
 officers
 of
 a
 corporation,
 partnership,
 association
 or
 entity.
 If
 committed
 by
 a
 labor
 organization,
 the
 parties
 liable
 are
 those
 mentioned
 in
 Article
249.
 o ULP
prescribes
in
one
year
 o 2. 
 Chapter
II:
Unfair
Labor
Practices
of
Employers
 Article
248.
Unfair
labor
practices
of
employers.
 1. Conditions
precedent
to
ULP
charge
 • Before
an
employee
may
be
considered
aggrieved
by
an
alleged
unfair
 labor
practice
(ULP)
by
an
employer,
it
must
be
demonstrated,
 o That
 the
 injured
 party
 comes
 within
 the
 definition
 of
 “employee”

 o The
 act
 charged
 as
 ULP
 must
 fall
 under
 the
 prohibitions
 of
 Article
248
(acts
of
the
employer)
or
249
(acts
of
the
union)
 • Mariano
v.
Royal
Interocean
Lines
 o Mariano,
a
stenographer‐typist,
sent
a
letter
to
the
managing
 directors
 of
 the
 company
 complaining
 about
 the
 PHL
 manager’s
 inconsiderate
 and
 untactful
 attitude
 towards
 the
 employees
and
clients
of
the
company.
Company
sided
with
 the
manager.
Mariano
was
dismissed
 o Considering
that
the
employee’s
dismissal,
because
of
charges
 against
 the
 manager
 is
 not
 connected
 with
 or
 necessarily
 arising
 from
 union
 activities,
 the
 dismissal
 did
 not
 constitute
 ULP.
 Despite
 the
 employees’
 right
 to
 self­organization,
 the
 Lalay
Abala.
ALS2014B.
Labor
II.
 2. 3. employer
 still
 retains
 his
 inherent
 right
 to
 discipline
 his
 employees,
his
normal
prerogative
to
hire
or
dismiss
them
 o Nevertheless,
 the
 dismissal
 was
 without
 case
 because
 her
 inefficiency
 is
 belied
 by
 the
 successive
 increases
 of
 her
 compensation
 • Historical
evidence
of
the
link
 • The
 enumeration
 of
 ULP
 in
 the
 Code
 does
 not
 mean
 an
 exhaustive
 listing
 of
 ULP
 incidents.
 The
 code
 leaves
 to
 the
 court
 the
 work
 of
 applying
 the
 law’s
 general
 prohibitory
 language
 in
 light
 of
 infinite
 combinations
of
events
which
may
be
charged
as
violative
of
its
terms
 ILO
Convention
No.
98
 • Said
 convention
 frowns...
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