LABOR RELATIONS- COLLECTIVE BARGAINING NOTES/OVERVIEW OF UNFAIR

LABOR PRACTICE
Who may join a labor organization or workers' association?

Labor organization is any union or association of employees

which exists in whole or in part for the purpose of collective bargaining
with employers concerning terms and conditions of employment.
Workers association is an association of workers organized for
the mutual aid and protection of its members of for any legitimate
purpose other than collective bargaining.
The following may join a labor organization:
a) all employees employed in commercial, industrial and
agricultural enterprises and in religious, charitable, medical or
educational institutions whether operating for profit or not;
b) government employees in the civil service;
c) supervisory personnel;
d) security personnel; and,
e) aliens with valid working permit provided there are nationals
of a country which grants the same or similar rights to Filipino
workers as certified by the Department of Foreign Affairs (DFA).
This embodies the Principle of Reciprocity (Now Art.275 of the LC,
formerly Art. 269 of the LC)
Who cannot Form, Join or Assist Labor Organizations (see Art. 249
formerly Art. 243 of the Labor Code):
a) High Level or Managerial Government Employees (EO 180);
b) Employees of International Organizations with Immunities;
c) Managerial Employees (act as Alter-Egos of Employers)
1) Those whose functions are normally considered as policy
making or managerial (Art. 251 formerly Art. 245 of the
LC). Managerial employees are not disqualified from
exercising their right of association, but what is prohibited
is merely the right to join labor organizations.
2) Those whose duties are of a highly confidential or highly
technical in nature. (Art. 218, formerly Art. 212 of the LC)
d) Members of the Armed Forces of the Philippines including
police officers, policemen, firemen and jail guards (EO 180)
 e) Confidential Employees are those that assist and act in a
confidential capacity to persons who formulate, determine, and
effectuate management policies in the field of labor relations.
(see Metrolab Industries Inc. vs, Confesor, GR No. 108855, Feb.
28, 1996)
f) Employees of Cooperatives who are its members (Benguet
Elec. Coop. vs. Ferrer-Calleja, GR No. 79025, December 29,1989)
g) Non-employees (Art. 247 (c) formerly Art. 241 of the LC);
h) Aliens without working permits or Aliens with valid working
permits but are nationals of a country which do not grant
Filipinos to exercise their right of self-organization and to join
and assist organizations (formerly Art. 269, Labor Code,
Department Order No. 9, 1997, Rule II, Sec. 2)
i) Subversives or those engaged in subversive activities (Art. 247
(e) formerly Art. 241)
j) Persons who have been convicted of a crime involving moral
turpitude shall not be eligible for election as union officer or for
appointment to any position in the union (Art. 247 (f) formerly
Art. 241)
Is there a required number of workers in an establishment for a
union to be formed?
None, provided that the required 25% membership of the
bargaining unit is complied with.
How do labor organizations and workers' associations become
legitimate?
Federation, national union or industry or trade union center or an
independent union and workers' associations become legitimate upon
issuance of the certificate of registration by the Department of Labor
and Employment (DOLE).
What are the rights of legitimate labor organizations?
A legitimate labor organization shall have the following rights:
to act as a representative of its members for collective
bargaining;
to be certified as the exclusive representative of all the employees
in an appropriate collective bargaining unit for collective
bargaining;
to be furnished by the employer, upon written request, with annual
audited financial statements within 30 calendar days from date of
 receipt of the request, or within 60 calendar days before the
expiration of the existing CBA, or during the collective bargaining
negotiation;
to own property, real of personal, for the use and benefit of the
labor organization and its members; and
to sue and be sued in its registered name; and (6) to undertake all
other activities to benefit the organization and its members, and
other projects not contrary to law.
What are the grounds for the cancellation of union registration?
The grounds for the cancellation of union registration are:
a) misrepresentation, false statement or fraud in connection with
the adoption or ratification of the constitution and by-laws or
amendments thereto, the minutes of ratification, and the list of
members who took part in the ratification;
b) misrepresentation, false statement or fraud in connection with
the election of officers, minutes of election of officers, and the list
of voters; and
c) voluntary dissolution of the members. However, at least 2/3 of
its general membership should vote to dissolve the organization in
a meeting called for that purpose and that the application to cancel
the registration is submitted by the board of the organization. It
shall be attested to by the president.

Art. 251-A (formerly Art. 245-A): Effect of Inclusion as Members of

Employees Outside the Bargaining Unit (new provision inserted under
RA 9481)-

The inclusion as union members of employees outside the

bargaining unit shall not be a ground for the cancellation of the
registration of the union. Said employees are automatically deemed
removed from the list of membership of said union.

The reason is that after a certificate of registration is issued to a

union, its legal personality cannot be subject to a collateral attack. It
may be questioned only via a Petition for Cancellation, under the
grounds provided in Art. 239 of the Labor Code.

Test to Determine the Constituency of an Appropriate Bargaining Unit:

a) Globe Doctrine the express will or desire of the employees;

 b) Community of Interest Doctrine- the substantial and
mutuality interest factor;
c) Prior Collective Bargaining History;
d) Employment Status such as:
1) Temporary;
2) Seasonal and
3) Probationary Employees

Voluntary Recognition:

The process whereby the employer recognizes a labor

organization as the exclusive bargaining representative of the
employees in the appropriate bargaining unit after showing that the
labor organization is supported by at least a majority of the employees
in the bargaining unit. It is ONLY available for UNORGANIZED
establishments.

Requisites:

a) Only in an UNORGANIZED establishment;

b) Only ONE UNION is asking for recognition;
c) The union voluntarily recognized should be the MAJORITY
union as indicated by the fact that members in the bargaining
unit did not object to the projected recognition.

Certification Election:

-Means the process of determining through secret ballot the sole

and exclusive representative of the employees in an appropriate
bargaining unit for purposes of collective bargaining or negotiations.

Rules Prohibiting the Filing of a Petition for Certification Election:

a) Contract Bar Rule While a valid and registered CBA of a fixed

duration is subsisting, the BLR is not allowed to hold an
election contesting the majority status of the incumbent union
during the five (5) year term of the CBA except during the sixty
(60) day period immediately prior to the expiration of the CBA;
b) Deadlock Bar Rule- A petition for certification election cannot
be entertained if before the filing thereof, a bargaining deadlock
to which the incumbent or certified bargaining agent is a party,
 had been submitted to conciliation or arbitration or had become
the subject of a valid notice of strike or lockout;

c) Negotiation Bar Rule- If before the filing of the certification for

certification election, the duly recognized or certified union has
commenced negotiations with the employer in accordance with
Art. 250 of the Labor Code;

d) Certification Year Rule- No petition may be filed within one (1)

year from the date of a valid certification, consent or run-off
election or from date of voluntary recognition.

Run-off Election

- takes place between the unions who received the two (2) highest
number of votes in a certification election with three (3) or more
choices, where not one of the unions obtained the majority of the valid
votes cast, provided that the total union votes is at least 50% of the total
votes cast.

Re-run Election-

Takes place when one choice receives a plurality of votes and the
remaining choices results in a tie or if all choices received the same
number of votes. In both instances, the NO UNION is also a choice.

Consent Election-

Is voluntarily agreed upon by the parties with or without the

intervention of DOLE. The purpose is to determine the issue of majority
representation of all workers in the appropriate collective bargaining
unit mainly for purposes of determining the administrator of the CBA
when the contracting union suffered massive disaffiliation.

Substitutionary Doctrine-

Where there occurs a shift in the employees union allegiance after

execution of a collective bargaining agreement contract with the
employer, the employees can change their agent (the labor union) but
the CBA which is still subsisting continues to bind employees up to the
expiration date. They may however, bargain for the shortening of said
expiration date.
Union Dues and Special Assessments (like Attorneys fees and
representation expenses)

Union dues are the lifeblood of the union. All unions are
authorized to collect reasonable membership fees, union dues,
assessments and fines and other contributions for labor education and
research h , mutual death and hospitalization benefits, welfare fund,
strike fund and credit and cooperative undertakings. (Art. 283 (e)
formerly Art. 277 of the LC)

Regular monthly contributions paid to all members to the union in

exchange for the benefits given to them by the CBA and to finance the
activities of the union in representing them.

Requirements for Validity: (Art. 241, paragraphs n and o)

a) Authorization by a written resolution of the majority of all

members at a general membership meeting duly called for
the purpose;
b) Secretarys records of the minutes of the meeting;
c) Individual written authorization for check off (a method of
deducting from an employees pay at a prescribed period, the
amounts due to the union for fees, fines or assessments)
duly signed by the employee concerned.

Agency Fees-

Dues equivalent to union dues charged from non-union members

who are benefitted by or under the CBA.

Requisites:

a) The employee is part of the bargaining unit;

b) He is not a member of the union;
c) He partook in the benefits of the CBA.

Individual written authorization is not necessary for the collection

of agency fees.

Right to Collective Bargaining:

 KIOK LOY RULING (Kiok Loy vs. NLRC, GR No. 54334, January 22,
1986): On the enterprise level, the employer is not under any legal duty
to initiate contract negotiation. The mechanics of collective bargaining
are set in motion only when the following jurisprudential preconditions
are present:

1) Possession of the status of majority representation of the

employees representative in accordance with any of the
means of selection or designation as provided in the Labor
Code;

2) Proof of majority representation;

3) And a demand to bargain under Art. 250 of the Labor Code.

Unfair Labor Practice in Collective Bargaining:

1. Failure or refusal to meet and convene;

2. Evading the Mandatory Subjects of Bargaining;

3. Bad Faith in Bargaining (BOULWARISM), including failure or

refusal to execute the CBA, if requested and

4. Gross Violation of the CBA- Economic Exigencies DO NOT

JUSTIFY refusal to bargain collectively.

Individual Bargaining
- an employer is prohibited from dealing with employees belong to
a union surreptitiously to turn the latter against their union.
Blue Sky Bargaining
- making exaggerated or unreasonable proposals. If the union
requires exaggerated economic demands, it is guilty of UNFAIR LABOR
PRACTICE (ULP).
(Note: The Labor Code does not authorize the employer to
close down the establishment on the ground of excessive
demands of the Union. Instead, aside from the remedy of
submitting the dispute for voluntary or compulsory arbitration, the
employer may file a complaint for ULP against the union for
bargaining in Bad Faith. If found guilty, this gives rise to civil and
criminal liabilities and allows the employer to implement a lockout
but not the closure of the establishment resulting to the
permanent loss of employment of the whole workforce. (St. John
 Colleges, Inc. vs. St. John Academy Faculty and Employees Union,
GR No. 167892, October 27, 2006.)
Surface Bargaining
- It is a sophisticated pretense in the form of apparent bargaining.
It does not satisfy the statutory duty to bargain.
Going through the motions of negotiating without any legal intent
to reach an agreement. It involves the question of whether or not the
employers conduct demonstrates an unwillingness to bargain in good
faith or is merely hard bargaining. (Standard Chartered Bank vs. Hon.
Confessor, GR No. 114974, June 16, 2004)

UNFAIR LABOR PRACTICES:

(An Overview)

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.
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 (ULP as a crime
prescribes in one (1) year). No criminal prosecution may be instituted,
however, without a final judgment from the NLRC that an unfair labor
practice was committed.
Recovery of civil liability in the administrative proceedings shall
BAR recovery under the Civil Code. (Art. 253 formerly Art. 247 of the
Labor Code)
What are its elements?
1) There should exist an employer-employee relationship
between the offended party and the offender and
2) The act complained of must be expressly mentioned and
defined in the Labor Code as constitutive of unfair labor
practice as said act is directed or intended to weaken or
defeat the workers rights to self-organize or to engage in
lawful concerted activities. If not mentioned, there is no ULP.
 What are some of the ULPs committed by an employer? (Now Art. 254,
formerly Art. 248 of the Labor Code)
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)
What are some ULPs committed by labor organizations? (Now Art. 255
formerly Art. 249 of the Labor Code)
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;
(Note: Under Art. 254 (formerly Art. 248 of the LC), an
employer commits ULP through interference, restraint and
coercion. But in Art. 255 re: ULP of labor organization, the word
interference is left out. The rationale is that interference by a
labor organization in itself is a function of sel-organization.
However, if the interference amounts to restraint or coercion then
it becomes a ULP.)
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.
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 self-organization;
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
(formerly Art. 248, 249 of the Labor Code, as amended).
(Note: SWEETHEART DOCTRINE- Considered a ULP for a labor
organization to ask for or accept negotiation or attorneys fees
from the employer in setting a bargaining issue or dispute. Thus,
the resulting CBA is considered a sweetheart contract- a CBA
that does not substantially improve the employees wages and
benefits and whose benefits are far below those that are provided
by law.)

UNFAIR LABOR PRACTICES COMMITED BY EMPLOYERS:

The Labor Code enumerates the following as ULP of employer:

a)To interfere with, restrain or coerce employees in the exercise of

self-organization;

b) To require as a condition for employment that a person or an

employee shall not join a labor organization or shall withdraw from one
which he belongs (Yellow Dog Contract);

c) Contracting out services of functions being performed by union

member (when such will interfere with, restrain or coerce employees in
the exercise of self-organization);

d) Initiate, dominate, assist or interfere with the formation or

administration of any labor organization, including the giving of
financial or other support to it or its organization;
 e)To discriminate in regard to wages, hours of work and other
terms and conditions of employment in order to encourage or
discourage membership in any labor organization. Nothing in this Code
or in any other law shall stop the parties from requiring membership in
a recognized collective bargaining agent as a condition for employment
except those employees who are already member of another union at
the time of the signing of the CBA.

f) To dismiss, discharge or otherwise prejudice or discriminate

against employee for having given or about to give testimony;

g)To violate the duty to bargain collectively;

h) To pay negotiation fee or attorneys fees to the union or its

officers or agents as part of the settlement of any issue in collective
bargaining or any other dispute.

What is the rule on the right of the employer about hiring, tenure,
and terms and condition of employment?

Philippine law on labor relations does not compel employer to

employ anyone; neither does it require employers to retain incompetent
persons. The Labor Code retains in him the right to hire, lay off,
transfer, promote, demote or discharge employees as he pleases.

However, the Code also guarantees workers and employees

freedom from illegal discrimination in their right to unionization,
collective bargaining and union-concerted efforts. Thus, employer may
take any action as he wishes to do with respect to his employees,
provided that such action is not prompted by anti or pro-union
motivation.

When is Closure of Business considered ULP?

Closure of business is considered ULP when the intent or motive

underlying the closure is unjustifiable and when it is done to evade his
duty to bargain collectively. While it is true that the employer has all the
rights at anytime to close his business operation and retire, such
should be based on justifiable grounds. Otherwise, he cannot evade his
legal responsibilities and obligations under the law.
 Factors to be considered:

1) Timing of the closure

2) Reason for the closure

3) Timing for the subsequent opening

4) Reasons for the subsequent opening (St. John Colleges Inc. vs.
St. John Academy Faculty and Employees Union, GR No.
167892, October 27,2006)

The Successor-in-Interest Doctrine- When an employer with an existing

CBA is succeeded by another employer, the successor-in-interest who
is a BUYER IN GOOD FAITH has no liability to the employees in
continuing employment and the collective bargaining agreement
because these contracts are in personam.

Exceptions:

1) When the successor-in-interest expressly assumes the

obligation;

2) The sale is a device to circumvent the obligation;

3) Or the sale or transfer is made in BAD FAITH.

Who may be held criminally liable for ULPs of employer?

On the part of the employer, only the officers and agents of
corporations, associations or partnerships who have actually
participated in, authorized or ratified unfair labor practices shall be held
criminally liable.

Who may be held criminally liable for ULPs of a labor organization?

On the part of the union, only the officers, members of governing
boards, representatives or agents or members of labor associations or
organizations who have actually participated in, authorized or ratified
the unfair labor practices shall be held criminally liable.
What is totality of conduct doctrine?
The totality of conduct doctrine means that expressions of
opinion by an employer, though innocent in themselves, may be held to
be constitutive of unfair labor practice because of the circumstances
under which they were uttered, the history of the particular employers
labor relations or anti-union bias or because of their connection with an
established collateral plan of coercion or interference. An expression
which might be permissibly uttered by one employer, might, in the
mouth of a more hostile employer, be deemed improper and
consequently actionable as an unfair labor practice.
The culpability of the employers remarks is to be evaluated not
only on the basis of their implications, but against the background of
and in conjunction with collateral circumstances.
Examples:
a. Outright and unconcealed intimidation
b. Intimidating expressions of opinion by the employer
In order that interrogation would NOT be deemed coercive:
1) The employer must communicate to the employee the
purpose of his questioning;
2) Assure him that no reprisal would take place;
3) Obtain employee participation voluntarily
What is Yellow-Dog Contract?
A yellow dog contract is an agreement which exacts from
workers as a condition of employment, that they shall not join or belong
to a labor organization, or attempt to organize one, during their period
of employment or that they shall withdraw therefrom, in case they are
already members of a labor organization. It is null and void because it
is:
a) Contrary to public policy for it is tantamount to involuntary
servitude;
b) It is entered into without consideration for employees in waiving
their right to self-organization;
c) Employees are coerced to sign contracts disadvantageous to
their family
The typical yellow dog contract embodies the following stipulations:
1. a representation by the employee that he is not a member of a
labor organization;
2. a promise by the employee that he will not join a union; and
3. a promise by the employee that upon joining a labor organization,
he will quit his employment.
What is union security clause?
 A union security clause is a stipulation in the CBA whereby the
management recognizes that the membership of employees in the union
which negotiated said agreement should be maintained and continued
as a condition for employment or retention of employment. The
obvious purpose is to safeguard and ensure the continued existence of
the union. chanrobles virtual law library
What are the types of union security clause? (Exceptions to ULP or
Interference on the Employees Right to Self-Organization)
Classification. - (1) Closed shop agreement (employer undertakes
not to employ any individual who is not a member of the contracting
union and the said individual once employed, must, for the duration of
the agreement, remain a member of the union in good standing as a
condition for continued employment. It does not have retroactivity and
applies only to new hires; (2) Union shop agreement is a stipulation
whereby any person can be employed by the employer but once
employed, such employee must, within a specific period, become a
member of the contracting union and remain as such in good standing
for continued employment for the duration of the CBA; (3) Modified
union shop agreement, (4) Maintenance of membership agreement; (5)
Exclusive bargaining agreement; (6) Bargaining for members only
agreement; (7) Agency shop agreement is an agreement whereby
employees must either join the union or pay to the union as exclusive
bargaining agent a sum equal to that paid by the members; (8)
Preferential hiring agreement.
Exceptions:
a. Employees belonging to any religious sect which
prohibits affiliation of their members with any labor
organization are not covered by such agreement. The
free exercise of religious belief is superior to contract
rights. (Victoriano vs. Elizalde Rope Workers, No.
L-25246, September 12, 1974)
b. Members of the rival union are not covered by such
arrangement.
c. Confidential employees excluded from rank and file
bargaining unit.
d. Employees excluded by express term of the agreement
What are the legal principles pertinent to union security clause
arrangements?
 To validly dismiss an employee based on violation of union
security clause, employer should still afford due process to the expelled
unionists.
Requisites for termination based on union security clause.
In the case of Alabang Country Club, Inc. vs. NLRC, [G.R. No. 170287,
Feb. 14, 2008], the Supreme Court declared that in terminating the
employment of an employee by enforcing the union security clause, the
employer needs only to determine and prove that:
(1) the union security clause is applicable prospectively, meaning it
must be expressed in a CLEAR AND UNEQUIVOCAL way so as not to
leave room for interpretation because it is a limitation to the exercise
of the right to self-organization. Any doubt must be resolved against
the existence of a closed shop agreement;
(2) the union is requesting for the enforcement of the union security
provision in the CBA; and chanrobles virtual law library
(3) there is sufficient evidence to support the unions decision to
expel the employee from the union. The employer has the right to
satisfy himself that there are sufficient basis for the request of the
union. It is not automatic upon the request of the union.
(4) It cannot be applied to employees who are already members of
the rival union or to employees based on their religious beliefs.
chanrobles virtual law library
The foregoing requisites constitute just cause for terminating an
employee based on the CBAs union security provision.
Employers liability in illegal dismissal based on union security clause.
The company is liable for the payment of backwages for having
acted in bad faith in effecting the dismissal of the employees. (Liberty
Cotton Mills Workers Union vs. Liberty Cotton Mills, 90 SCRA 391).
Thus, as held in the case of De La Salle University vs. De la Salle
University Employees Association (DLSUEA-NAFTEU) (GR No. 109002,
April 12, 2000), notwithstanding the fact that the dismissal was at the
instance of the federation and that it undertook to hold the company
free from any liability resulting from such a dismissal, the company may
still be held liable if it was remiss in its duty to accord the would-be
dismissed employees their right to be heard on the matter.
What is a runaway shop?
A runaway shop is an industrial plant moved by its owners from
one location to another to escape union labor regulations or state laws.
It may also be a relocation motivated by anti-union animus rather than
for business reasons.
It is an unfair labor practice of management which usually takes
place by effecting the transfer of ownership, the plant itself, or its
equipment, or by temporarily closing its business purposely to bust the
union or to evade the payment of legitimate obligations. (Complex
Electronics Employees Association vs. NLRC, GR No. 121315, July 19,
1999)
What is feather-bedding (Make-Work actvities)?
According to this doctrine, it shall be unfair labor practice for a
labor organization, its officers, agents or representatives 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.
(Note: It is not feather-bedding if the work is performed no matter
how unnecessary or useless it may be.)
What are the CBA-related ULPs under the law?
In connection with the right of workers to collective bargaining, it is
unfair labor practice of the employer:
1. to violate the duty to bargain collectively as prescribed in the
Labor Code (Article 248 [g], Labor Code);
2. to pay negotiation or attorneys fees to the union or its officers or
agents as part of the settlement of any issue in collective bargaining
or any other dispute (Article 248 [h], Ibid.). No attorneys fees,
negotiation fees or similar charges of any kind arising from any CBA
shall be imposed on any individual member of the contracting union.
Attorneys fees, however, may be charged against union funds in an
amount to be agreed upon by the parties. Any contract, agreement
or arrangement of any sort to the contrary shall be null and void.
(Article 222 [b], Labor Code; Pacific Banking Corporation vs. Clave,
128 SCRA 112; Galvadores vs. Trajano, 144 SCRA 138; Amalgamated
Laborers Association vs. CIR, 22 SCRA 1266). chanrobles virtual law
library
On the part of the union, asking for or accepting attorneys fees or
negotiation fee from employers is a ground for cancellation of union
registration. (Article 239 [g], Labor Code).
3. to violate a collective bargaining agreement. (Article 248 [i], Ibid.).
Violation of the CBA is ULP only if gross in character which means
 flagrant and/or malicious refusal to comply with the economic
provisions thereof. If not gross, violation of the CBA is no longer
considered ULP.
The act of the employer in refusing to comply with the terms and
conditions of a CBA constitutes bargaining in bad faith and is
considered an unfair labor practice. (National Development Co., vs. NDC
Employees and Workers Union, 66 SCRA 181; Oceanic Pharmacal
Employees Union vs. Inciong, G. R. No. L-50568, Nov. 7, 1979, 94 SCRA
270).
The act of the employer in refusing to implement the negotiated
wage increase stipulated in the CBA, which increase is intended to be
distinct and separate from any other benefits or privileges that may be
forthcoming to the employees, is unfair labor practice. (Philippine
Apparel Workers Union vs. NLRC, G. R. No. L-50320, July 31, 1981;
Alhambra Industries, Inc. vs. CIR, 35 SCRA 550).
Refusal for a considerable number of years, to give salary
adjustments according to the improved salary scales in the collective
bargaining agreements, is unfair labor practice. (Benguet Consolidated
vs. BCI Employees and Workers Union, 22 SCRA 1293).
The act of the employer to permit non-union members to participate
in the service charges, contrary to the stipulation in the CBA, is unfair
labor practice. (Alba Patio de Makati, vs. Alba Patio de Makati
Employees Association, G. R. No. L-37922, March 16, 1984).
Who has the burden of proof in ULP cases?
In unfair labor practice cases, it is the union which has the burden
of proof to present substantial evidence to support its allegations of
unfair labor practices committed by the employer. It is not enough that
the union believed that the employer committed acts of unfair labor
practice when the circumstances clearly negate even a prima facie
showing to warrant such a belief. (Tiu vs. NLRC, G. R. No. 123276, Aug.
18, 1997, 277 SCRA 680, 687; See also Schering Employees Labor
Union [SELU] vs. Schering Plough Corporation, G. R. No. 142506, Feb.
17, 2005; Samahang Manggagawa sa Sulpicio Lines, Inc. -NAFLU vs.
Sulpicio Lines, Inc., G.R. No. 140992, March 25, 2004).