Labor Law: Book V; Title VI Chapter I Concept (Unfair Labor Practice) (Art. 258)

Book V

Labor Relations

Title VI

Unfair Labor Practice

Chapter I

Concept

Art. 258

Q: What does "unfair labor practice" mean?
Q: Does it mean unfair acts of a labor group? 
Q: Does it refer to any unfair or unreasonable act? 

Art. 258. Concept of unfair labor practice and procedure for prosecution thereof. 

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.

Consequently, unfair labor practices are not only violations of the civil rights of both labor and management but are also criminal offenses against the State which shall be subject to prosecution and punishment as herein provided.

Subject to the exercise by the President or by the Secretary of Labor and Employment of the powers vested in them by Articles 263 and 264 of this Code, the civil aspects of all cases involving unfair labor practices, which may include claims for actual, moral, exemplary and other forms of damages, attorney’s fees and other affirmative relief, shall be under the jurisdiction of the Labor Arbiters. The Labor Arbiters shall give utmost priority to the hearing and resolution of all cases involving unfair labor practices. They shall resolve such cases within thirty (30) calendar days from the time they are submitted for decision.

Recovery of civil liability in the administrative proceedings shall bar recovery under the Civil Code.

No criminal prosecution under this Title may be instituted without a final judgment finding that an unfair labor practice was committed, having been first obtained in the preceding paragraph. During the pendency of such administrative proceeding, the running of the period of prescription of the criminal offense herein penalized shall be considered interrupted: Provided, however, that the final judgment in the administrative proceedings shall not be binding in the criminal case nor be considered as evidence of guilt but merely as proof of compliance of the requirements therein set forth. 


Own Notes
  • Violation and Consequences
    • violate constitutional right of workers and employees right to self-organization
    • inimical to the legitimate interests of both labor and management, including:
      • right to bargain collectively 
      • deal with each other in an atmosphere of freedom and mutual respect
    • disrupt industrial peace 
    • hinder the promotion of healthy and stable labor-management relations
  • Nature
    • violation of the civil rights of both labor and management
    • criminal offenses against the State 
  • Jurisdiction
    • Labor Arbiter
      • civil aspects, including claims for:
      • actual, moral, exemplary and other forms of damages
      • attorney’s fees
      • other affirmative relief,
  • Priority
    • priority to the hearing and resolution of all cases involving unfair labor practices
    • thirty (30) calendar days from the time they are submitted for decision
  • Double Recovery
    • Recovery of civil liability in the administrative proceedings shall bar recovery under the Civil Code.
  • Criminal Prosecution
    • No criminal prosecution may be instituted without a final judgment finding that an unfair labor practice was committed
    • During the pendency, the running of the period of prescription of the criminal offense shall be considered interrupted:
    • The final judgment in the administrative proceedings shall not be binding in the criminal case nor be considered as evidence of guilt but merely as proof of compliance.
Notes
  • Unfair labor practice (ULP) as an offense of an employer needs two elements:
    1. employer-employee relationship exists between the offender and the offended; and
    2. the act done is expressly defined in the Code as unfair labor practice. 
  • The first element is required because ULP is a negation of the right to organize, a right exercisable only by employees in relation to their employer. 
    • No organizational right can possibly be negated if employer-employee relationship is absent in the first place.
  • The second element is that the act done is prohibited by the Code, specifically in Article 259 for an employer and Article 260 for a labor organization. 
    • Article 219(k) defines "unfair labor practice" as "any unfair labor practice as expressly defined by this Code."
  • Because ULP is and has to be related to the right to self-organization and to the observance of the CBA, it follows that not every unfair act is unfair labor practice. 
  • ULP, in other words, has a technical, limited meaning. 
    • It refers to acts opposed to the right to organize or to engage in lawful concerted activities for collective bargaining or for the workers' mutual aid and protection. 
  • Without that element, the act, no matter how unfair, is not unfair labor practice as legally defined. (See Great Pacific, etc., February 11, 1999.) 
  • Stripped of legalese, unfair labor practice, when committed by the employer, commonly connotes anti-unionism or anti-organization of workers.

Q: What are the primary elements of Unfair Labor Practice? 
  • The following are the primary elements of Unfair Labor Practice: 
    1. Existing employer-employee relationship between the offender and the offended party; and 
    2. The act done, which is expressly defined in the Code as unfair labor practice. 

Q: If there is an allegation of Unfair Labor Practice, how and before whom should the employees file the complaint? Explain the procedure for its administrative, civil and criminal aspects. (
  • If there is an allegation of Unfair Labor Practice, the employee must file the complaint in the:
    • Labor Arbiter – for the administrative and civil aspects 
    • Regular Court – for the criminal aspects 
  • The Labor Arbiter shall resolve all cases involving unfair labor practices within thirty (30) calendar days from submission for decision. 
  • The recovery of civil liability in the administrative proceedings shall bar recovery under the Civil Code. However, the final judgment in the administrative proceedings shall not bind the criminal aspect of the case.

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