O section 2 preelection conference within twentyfour

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Unformatted text preview: membership
 in
 a
 labor
 organization.
 Where
 the
 purpose
 is
 to
 influence
 the
 union
 activity
 of
 employees,
 the
 discrimination
 is
 unlawful.

 • Discrimination
is
not
the
same
as
differentiation
or
classification
–
it
is
 common
 for
 management
 to
 classify
 jobs
 and
 grant
 them
 varying
 levels
of
pay
or
benefits
package.
These
are
valid
differentiations
that
 recognize
differences
in
job
requirements
or
contributions
 • To
 constitute
 a
 ULP,
 the
 discrimination
 committed
 by
 the
 employer
 must
be
in
the
regard
to
the
hire
or
tenure
of
employment
or
any
term
 or
condition
of
employment
to
encourage
or
discourage
membership
 in
any
labor
organization
 • Discouraging
 membership
 in
 a
 labor
 organization
 include
 not
 only
 discouraging
 adhesion
 to
 union
 membership
 but
 also
 discouraging
 participation
in
union
activities
such
as
a
legitimate
strike
 • Discrimination
in
work
quota
 Pharmaceutical
 company
 increased
 sales
 quota
 of
 union
 president
 and
 VP
 to
 400
 and
 300%
 respectively.
 No
 valid
 explanation
 for
 marked
 difference
 from
 other
 quotas.
 Company
 displayed
 anti‐union
 attitude.
 The
 uneven
 application
 of
 the
 marketing
plan
by
the
company
is
patently
an
act
of
 discrimination
 • Discrimination
in
bonus
allocation
or
salary
adjustments
 o There
 is
 unfair
 and
 unjust
 discrimination
 in
 the
 granting
 of
 salary
adjustments
where
the
evidence
shows
that
–
 9. • • • • Lalay
Abala.
ALS2014B.
Labor
II.
 Management
 paid
 the
 employees
 of
 the
 unionized
 branch
 Where
 salary
 adjustments
 were
 granted
 to
 employees
 of
 one
 of
 its
 nonunionized
 branches
 although
it
was
losing
in
its
operations
 Total
 salary
 adjustments
 given
 every
 ten
 of
 its
 unionized
 employees
 would
 not
 even
 equal
 the
 salary
 adjustments
 given
 one
 employee
 in
 the
 nonunionized
branch
 Discrimination
in
layoff
or
dismissal
 o Even
 where
 business
 conditions
 justified
 a
 layoff
 of
 employees,
ULP
in
the
form
of
discriminatory
dismissal
were
 found
 where
 only
 unionists
 were
 permanently
 dismissed
 while
nonunionists
were
not.
 o Bataan
Shipyard
and
Engineering
Co.
v.
NLRC
 National
 Federation
 of
 Labor
 Unions
 is
 union
 of
 petitioner‐BASECO’s
 employees.
 Company
 filed
 for
 retrenchment
 with
 the
 NLRC.
 All
 of
 those
 so
 retrenched
 happened
 to
 be
 officers
 and
 members
 of
the
NAFLU
 It
 is
 not
 disputed
 that
 retrenchment
 undertaken
 by
 the
Company
is
valid.
BUT,
the
manner
in
which
the
 prerogative
 is
 exercised
 should
 not
 be
 tainted
 with
 abuse
 of
 discretion.
 Company
 had
 indeed
 been
 discriminatory
 in
 selecting
 the
 employees
 who
 were
 to
be
retrenched.
Company
had
no
valid
explanation
 as
to
the
matter.

 Discrimination
in
regularization
 o Only
 reason
 for
 such
 is
 the
 fact
 that
 the
 employees
 were
 affiliated
with
the
union
which
apparently
does
not
have
the
 sympathy
of
their
employer
 Discrimination
by
blacklisting
 o Blacklist
 is
 a
 list
 of
 persons
 marked
 out
 for
 special
 avoidance,
 antagonism
 or
 enmity
 on
 the
 part
 of
 those
 who
 prepare
 the
 list,
 or
 those
 among
 whom
 it
 is
 intended
 to
 circulate,
 as
 where
 a
 trade
 union
 ‘blacklists’
 workmen
 who
 refuse
to
conform
to
its
rules,
or
where
a
list
of
insolvent
or
 untrustworthy
persons
is
published
by
a
commercial
agency
 or
mercantile
association
 o In
its
broad
sense,
in
the
sense
of
the
employer’s
circulating
 a
 list
 of
 former
 employees
 of
 notorious
 laziness
 or
 negligence
 in
 performance
 of
 duties,
 it
 may
 be
 a
 proper
 measure
for
the
protection
of
employers.
Unless
the
action
of
 the
 employers
 in
 passing
 communications
 among
 themselves
 for
 the
 purpose
 of
 excluding
 unwanted
 workers
 from
 employment,
 constitutes
 a
 libel
 or
 a
 slander,
 the
 excluded
employee
possesses
no
right
of
action
because
the
 employers
 community
 of
 interest
 acts
 both
...
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