Unfair Labor Practice

1. What is unfair labor practice (ULP)?

ULPs are offenses committed by the employer or labor organization which violate the
constitutional right of workers and employees to self-organization. ULP acts are inimical to the
legitimate interests of both labor and management, disrupt industrial peace and hinder the
promotion of healthy and stable labor-management relations. (Art. 248 of the Labor Code, as
amended)
2. What is the nature of ULP?
ULP is not only a violation of the civil rights of both labor and management, but also a criminal
offense against the State. Criminal ULP cases may be filed with the regular courts. No criminal
prosecution may be instituted, however, without a final judgment from the NLRC that an unfair
labor practice was committed.
3. What are some of the ULPs committed by an employer?
ULP by management are as follows:
a) Requiring as a condition of employment that a person or an employee shall not join a labor
organization or shall withdraw from one to which he belongs;
b) Contracting out services or functions being performed by union members when such will
interfere with, restrain, or coerce employees in the exercise of their right to self-organization;
c) Discrimination as regards to wages, hours of work, and other terms and conditions of
employment in order to encourage or discourage membership in any labor organization; and
d) Dismissal, discharge, prejudice or discrimination against an employee for having given or
being about to give testimony under the Labor Code. (Art. 248, 249 of the Labor Code, as
amended)
4. What are some ULPs committed by labor organizations?
A labor organization commits ULP by any of the following violations:
a) Restraint or coercion of employees in the exercise of their right to self-organization: However,
the labor organization shall have the right to prescribe its own rules with respect to the
acquisition or retention of membership; and
b) Causing or attempting 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 terminating 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.
5. What are ULPs committed by both employers and labor organizations?
ULPs by both management and labor organizations are as follows:
a) Interference, restraint, or coercion of employees in the exercise of their right to selforganization;
b) Violation of a collective bargaining agreement, when circumstances warrant;
c) Initiating, dominating, assisting or otherwise interfering with the formation or administration of
any labor organization, including the giving of financial or other support to it or its organizers or
supporters;
d) Violation of the duty to bargain collectively; and

e) Payment by employer of negotiation or attorneys fees and acceptance by the union or its
officers or agents as part of the settlement of any issue in collective bargaining or any other
dispute (Art. 248, 249 of the Labor Code, as amended).