Article 243.

Coverage and employees’ right to self- controversy or in the exercise of the right to self-
organization. All persons employed in commercial, organization or collective bargaining, or shall aid or
industrial and agricultural enterprises and in religious, abet such obstruction or interference.
charitable, medical, or educational institutions, whether
operating for profit or not, shall have the right to self-
organization and to form, join, or assist labor
No employer shall use or employ any strike-breaker,
organizations of their own choosing for purposes of
nor shall any person be employed as a strike-breaker.
collective bargaining. Ambulant, intermittent and
itinerant workers, self-employed people, rural workers
and those without any definite employers may form
labor organizations for their mutual aid and protection. No public official or employee, including officers and
personnel of the New Armed Forces of the Philippines
Notes: or the Integrated National Police, or armed person,
shall bring in, introduce or escort in any manner, any
1. Rights to self-organization includes:
individual who seeks to replace strikers in entering or
- Right to form, join or assist labor
leaving the premises of a strike area, or work in place
organizations
of the strikers. The police force shall keep out of the
- For the purpose of collective bargaining
picket lines unless actual violence or other criminal acts
- Through representatives of their own
occur therein: Provided, That nothing herein shall be
choosing
interpreted to prevent any public officer from taking any
- And to engage in lawful concerted activities
measure necessary to maintain peace and order,
for the same for the same purpose
protect life and property, and/or enforce the law and
- Or for their mutual aid and protection, subject
legal order. (As amended by Executive Order No. 111,
to the provisions of Art. 264 (now 279)
December 24, 1986)

No person engaged in picketing shall commit any act

Article 264. Prohibited activities.
No labor organization or employer shall declare a strike
or lockout without first having bargained collectively in
accordance with Title VII of this Book or without first
having filed the notice required in the preceding Article
or without the necessary strike or lockout vote first
having been obtained and reported to the Ministry.
No strike or lockout shall be declared after assumption
of jurisdiction by the President or the Minister or after
certification or submission of the dispute to compulsory
or voluntary arbitration or during the pendency of cases
involving the same grounds for the strike or lockout.
Any worker whose employment has been terminated
as a consequence of any unlawful lockout shall be
entitled to reinstatement with full backwages. Any
union officer who knowingly participates in an illegal
strike and any worker or union officer who knowingly
participates in the commission of illegal acts during a
strike may be declared to have lost his employment
status: Provided, That mere participation of a worker in
a lawful strike shall not constitute sufficient ground for
termination of his employment, even if a replacement
had been hired by the employer during such lawful
strike.
of violence, coercion or intimidation or obstruct the free
ingress to or egress from the employer’s premises for
lawful purposes, or obstruct public thoroughfares. (As
amended by Batas Pambansa Bilang 227, June 1,
1982).
2. Scope of right to self-organization;
employer-employee relationship, not
mandatory in workers’ association
The right to form a union or association or to self-
organization comprehends two (2) broad notions:
a. Liberty or freedom (the absence of restraint
which guarantees that the employee may act
for himself without being prevented by law.
b. The power, by virtue of which an employee
may, as he pleases join or refrain from joining
an association.
The right to join, affiliate with, or assist any union, and
to maintain membership therein, includes the right not
to join, affiliate with, or assist any union, and to
disaffiliate or resign from a labor organization.
-right to self-organization connotes unionism.
-Workers can also form and join a worker’s association
as well as labor-management council (LMC).

Common element between unionism and formation of

No person shall obstruct, impede, or interfere with, by LMC:
force, violence, coercion, threats or intimidation, any
peaceful picketing by employees during any labor
 - Existence of an employer-employee
relationship.
- Otherwise, no duty to bargain collectively.
Such workers must be employed in the establishment
before they can participate in policy and decision-
making processes. (Art. 261)
In contrast, the existence of employer-employee
relationship is not mandatory in the formation of
workers’ association.
- The law requires: members of workers’
association share the same interest.
- The very definition of workers’ association
speaks of mutual aid and protection.
Inherent in the right to self-organization is the right to
choose whether to form a union for purposes of
collective bargaining or a workers’ association for
purposes of providing mutual aid and protection.
Article 250 (261). Procedure in collective bargaining.
The following procedures shall be observed in
collective bargaining:
When a party desires to negotiate an agreement, it
shall serve a written notice upon the other party with a
statement of its proposals. The other party shall make
a reply thereto not later than ten (10) calendar days
from receipt of such notice;
Should differences arise on the basis of such notice
and reply, either party may request for a conference
which shall begin not later than ten (10) calendar days
from the date of request.
If the dispute is not settled, the Board shall intervene
upon request of either or both parties or at its own
initiative and immediately call the parties to conciliation
meetings. The Board shall have the power to issue
subpoenas requiring the attendance of the parties to
such meetings. It shall be the duty of the parties to
participate fully and promptly in the conciliation
meetings the Board may call;
During the conciliation proceedings in the Board, the
parties are prohibited from doing any act which may
disrupt or impede the early settlement of the disputes;
and
The Board shall exert all efforts to settle disputes
amicably and encourage the parties to submit their
case to a voluntary arbitrator.
3. Principle of union autonomy (freedom
from government interference)
General rule:
A labor organization enjoys a certain degree of
autonomy or freedom from government interference.
Exception:
When there is an inter-union or intra-union conflict,
labor officials should not hesitate to enforce strictly the
law and regulations governing trade unions
- Even if that course of action would curtail the
so-called union autonomy and freedom from
government interference.
4. Coverage and employees’ right to self-
organization
a. All persons employed in commercial,
industrial and agricultural enterprises and in
religious, charitable, medical or educational
institutions, whether operating for profit or not.
Art. 253 (243)
b. Ambulant, intermittent, and itinerant workers,
self-employed people, rural workers and
those without any definite employers may
form labor organizations for their mutual aid
and protection (Art. 253 (243)), not for
purposes of collective bargaining.
c. Supervisory employees (First-line managers)
have been defined as those who, in the
interest of the employer, effectively
recommend such managerial actions of the
exercise of such authority is not merely
routinary or clerical in nature but requires the
use of independent judgment (Art. 219 (m)
212 (m).
Supervisory employee shall not be eligible for
membership in the collective bargaining unit
and the rank-and-file employees but may join,
assist or form separate collective bargaining
unit and/or labor organization of their own.
d. Security guards.
Second sentence of Art. 255 of the Labor Code
embodies an amendment disqualifying supervisory
employees from membership in a labor organization of
the rank-and-file employees, but it does not include
security guards in the disqualification.
Under the old rules, security guards were barred from
joining a labor organization of the rank-and-file, under
the present law, they may now freely join a labor
organization of the rank-and-file organization, are null
and void for not being germane to the object and
purposes.
e. Employees under Art. 219 (f) 212 (f) of the
Labor Code, it shall include any individual
 whose work has ceased as a result of or in
connection with any current labor dispute or
because of any unfair labor practice if he has
not obtained any other substantially
equivalent and regular employment.
Art. 292 (c ) 277 (c ) provides that “Any employee,
whether employed for a definite period or not, shall,
beginning on his first day of service, be considered as
an employee for purposes of membership in any labor
union. This refers also to rank-and-file employees
whose functions are neither managerial nor
supervisory in nature.
f. Employee – non-member of a cooperative
While employees who are at the same time members
of a cooperative cannot join labor unions for purposes
of collective bargaining, they are not, however,
prohibited from withdrawing their membership in the
cooperative in order to join a labor union.
Public policy provides that the right to self-organization
be accorded the highest consideration, employee non-
members can join a labor union.
g. The homeworkers have the right to form, join,
or assist organizations of their own choosing
in accordance with law. The registration of
homeworkers’ organizations or associations
that complied with the requirements of law,
will vest legal personality thereto.
h. Employees of a legitimate independent
contractor or subcontractor are entitled to all
the rights or privileges due a regular
employee under the Labor Code which
includes the right to self-organization,
collective bargaining and peaceful concerted
action.
i. The right of members of the Iglesia ni Kristo
sect not to join a labor union for being contrary
to their religious beliefs does not bar the
members of that sect from forming their own
union for the recognition of the tenets of the
sect should not infringe on the basic right to
self-organization granted by the Constitution
to workers regardless of religious affiliation.
j. Rights to employees in the public service.
Employees of government corporations
established under the Corporation Code shall
have the right to organize and to bargain
collectively with their respective employers.
All other employees in the civil service shall
have the right to form associations for
purposes not contrary to law. (Art. 254 (244))
k. Alien employees with valid working permits
issues by the Department of Labor and
Employment may exercise the right to self-
organization and join or assist labor unions for
purposes of collective bargaining if they are
nationals of a country which grants the same
or similar rights to Filipino Workers, as
certified by the Department of Foreign Affairs,
or which has ratified ILO Convention No. 87
and ILO Convention No. 98.
l. The working children have also the right to
join the collective bargaining union of their
own choosing in accordance with the existing
law.
Under P.D. 603, it is provided that neither the
management nor any collective bargaining
union shall threaten or coerce working
children to join, continue or withdraw as
member of such union.
m. Confidential employees who assist and act in
a confidential capacity or have access to
confidential matters, of persons who exercise
managerial function in the field of labor
relations are disqualified to form or join a
union.
However, if the access to confidential labor relations
information is merely incidental in the performance of
their functions, they do not have to be treated as
confidential employees; thus, they are eligible and
have the right to form or join a union.
Another instance is when the confidential employee
does not have access or is not allowed to access to
confidential labor relations information, there is no legal
prohibition against them from forming, assisting, or
joining a union.
5. Excluded from the coverage and
employees’ right to self-organization
The following are excluded from exercising the right to
self-organization:
a. An employee of a cooperative who is a
member and co-owner thereof cannot invoke
the right to collective bargaining for certainly,
an owner cannot bargain with himself or is co-
owners.
However, insofar as it involves cooperatives with
employees who are not members or co-owners thereof,
certainly such employees are entitled to exercise the
rights of all workers to organization, collective
bargaining, negotiations and others as are enshrined in
the Constitution and existing laws of the country.
b. Confidential employees (such a division
secretaries, staff general management, staff
of personnel department, secretaries of audit,
EDP, financial systems) are ineligible to form,
assist, or join a labor union because by the
nature of their functions, they assist and act in
a confidential capacity to, or have access to
confidential matters, of persons who exercise
managerial functions in the field of labor
relations, and the union might not be assured
of their loyalty in view of evident conflict of
interests.
By the nature of their function, legal secretaries shall
fall under the category of confidential employees.
Confidential employees performing managerial
functions cannot join unions. They are disqualified by
applying the doctrine of necessary implication.
c. Managerial employees refer to an employee
who is vested wit powers or prerogatives to
lay down and execute management policies
or to hire, transfer, suspend, layoff, recall,
discharge, assign, or discipline employees.
d. An alien employee cannot exercise his right to
self-organization, if the following requisites
are not complied with:
1. Valid working permit issued by DOLE
2. He is a national of a country which grants the
same or similar rights to Filipino workers.
e. Managerial and confidential employees in the
private sector are not allowed to form, join, or
assist labor organization.
However, in the public sector, the ff. are not eligible to
form employees’ org:
1. High-level employees whose functions are
normally considered as policy-making or
managerial or whose duties are of a high
confidential nature;
2. Members of the armed forces of the
Philippines;
3. Police officers
4. Policemen
5. Firemen
6. Jail guards
Article 244 (254). Right of employees in the public
service. Employees of government corporations
established under the Corporation Code shall have the
right to organize and to bargain collectively with their
respective employers. All other employees in the civil
service shall have the right to form associations for
purposes not contrary to law.
1. State policy on the right to self-
organization in the public (government)
sector
it is the policy of the State to:
1. Promote the free and responsible exercise of
the right to organize by
- All employees in national gov’t agencies and
their regional offices
- Attached agencies and their regional offices
- State universities and colleges
- GOCCS with original charters
- LGUs
2. Through a simplified mechanism for
- the speedy registration or employees
organizations
- determination of representation status
- resolutions of intra and inter-employees’
organization disputes.
3. Only accredited employees’ organizations
shall have the right to represent the rank-and-
file employees in collective negotiation and for
the furtherance and protection of their interest
and improvement of public service delivery.
2. Right to self-organization in the public
sector
The civil service embraces all branches, subdivisions,
instrumentalities and agencies of the Government,
including GOCCs w/ original charters.
Thus, employees in GOCCs w/ original charters are
employees in the public service to be governed by the
civil service laws; while employees in GOCCs w/o
original charters or those formed under the Corporation
Code are governed by the Labor Code.
The former is a chartered corporation; while the latter
is otherwise known as subsidiary or corporate
offspring.
Employees of chartered corporations cannot
collectively bargain. However, they are granted under
the Constitution the right to collective negotiations.
3. Those eligible to join employees’
organizations in the public sector for
purposes of collective negotiations.
-Employees in agencies of the national gov’t and their
offices
- attached agencies and their regional offices
- State universities and colleges
compensation structure; imposition of
disciplinary penalties; selection of personnel
to attend seminars; trainings, study grants;
distribution of work load; and external
communication linkages.

- GOCCS with original charters

7. FTI is a government-owned or controlled
-LGUs
corporation without original charter
Except as may be hereinafter provided, can form, join (government subsidiary)
or assist employees’ organizations, labor-management
it is DOLE and not CSC which has jurisdiction over the
committees, work councils and other forms of
dispute arising from employment of the petitioners with
employees’ participation schemes of their own
private respondent FTI.
choosing for the purposes above-stated.
The terms and conditions of such employment are
4. Those not eligible to join employees’
organizations in the public sector governed by the Labor Code and not by Civil Service
Rules and Regulations.
Eligibility for membership in any employees’
8. Conduct of certification election at NHC
organization shall commence on the first day of the
employees’ service. National Housing Corporation (NHC) is covered by the
Labor Code, being a GOCC without an original charter.
The following shall not be eligible to form, join or assist
any employees’ organization: 9. National Parks Committee, a government
agency.
1. High-level employees whose functions are
normally considered as policy-making or Its employees are covered by Civil Service Rules and
managerial or whose duties are of a high Regulations; its employees are civil service
confidential nature; employees.
2. Members of the armed forces of the
Philippines; While they are allowed under the Constitution to
3. Police officers organize and join unions of their choice, there is as yet
4. Policemen no law permitting them to strike.
5. Firemen
6. Jail guards In case of a labor dispute between the employees and
the government, Sec. 15 of E.O. 180 date 1 June 1987
provides that the Public Sector-Labor Management
Council, not DOLE, shall hear the dispute.
5. Matters proper for collective negotiations
(p. 197)yy 10. PNOC-EDC created under the corporation
law
6. Matters not proper for collective
bargaining. The test in determining whether a GOCC is subject to
the civil service law is the manner of its creation –
GOCC created by special charters are subject to its
provisions; those created under the general
a. Terms and conditions of employment that are corporation law are not within its coverage.
fixed by law;
b. Matters that require appropriation of funds PNOC-EDC having been incorporated under the
such as increase in salary emoluments and general corporation law, is subject to the provisions of
allowances; facilities requiring capital outlays; the Labor Code.
car plan; provident fund; special
hospitalization, medical and dental services; 11. Government employees may not strike
rice, sugar and other subsidies; travel
Government employees, may, therefore, through their
expenses and increase in retirement benefits.
union or associations, either petition the Congress for
c. Matters that involve exercise of management
the betterment of the terms and conditions of
prerogatives such as appointment; promotion;
employment which are within the ambit of legislation or
assignment or detail; reclassification or
negotiate with the appropriate government agencies
upgrading of position; revision of
for the improvement of those which are not fixed by
law.
If there be any unresolved grievances, the dispute may
be referred to the Public Sector-Labor Management
Council for appropriate action.
But employees in the civil service may not resort to
strikes, walkouts and other temporary work stoppages,
like workers in the private sector, to pressure the
Government to accede to their demands.
As now provide under Sec. 4, Rule III of the Rules and
Regulations to Govern the Exercise of the Right of
Government Employees to Self-Organization, which
took effect after the instant dispute arose:
“the terms and conditions of employment in the
government, including any political subdivision or
instrumentality thereof and government-owned and
controlled corporation with original charters are
governed by law and employees therein shall not strike
for the purpose of securing changes thereof.
12. Employees of international organizations
may join a union but not for the purposes
of collective bargaining.
The Philippines Government has granted them
immunity from local jurisdiction.
There is no legal prohibition for such employees to join
a union but not for purposes of collective bargaining for
this may cause an international organization to be
involved in a legal process which is the evil sought to
be prevented by the grant of immunity.
13. Certification election barred by the grant
of functional immunity (p.200)
Article 245. Ineligibility of managerial employees to join
any labor organization; right of supervisory employees.
Managerial employees are not eligible to join, assist or
form any labor organization. Supervisory employees
shall not be eligible for membership in a labor
organization of the rank-and-file employees but may
join, assist or form separate labor organizations of their
own. The rank-and-file union and the supervisors’
union operating with the same establishment may join
the same federation or national unions.
1. Concept of managerial employee
A managerial employee is one who is vested with
powers or prerogatives to lay down and execute
management policies and/or to hire, transfer, suspend,
lay-off, recall, discharge, assign or discipline
employees.
Managerial employees are limited to those having the
authority to hire and fire.
2. Concept of supervisory employee
Supervisory employee is one who, in the interest of
employer, effectively recommends managerial actions
if the exercise of such authority is not merely routinary
or clerical in nature but requires the use of independent
judgment.
All employees not falling within the definitions of
managerial or supervisory employee are considered
rank-and-file employees.
3. Types of managerial employees;
designation reconciled with actual job
description; exercise of independent
judgment
The following are three (3) type of managerial
employees;
a. Top managers
- Have the authority to device, implement and
control strategic and operational policies of
the company.
- The president, CEO
b. Middle managers
- Responsibility is to see to it that the operating
policies are put into action by other managers
under him.
c. First-line managers
- Lowest in the rank where task is simply to
ensure that such policies are carried out by
the rank-and-file employees of an
organization.
Managerial employees may fall into (2) distinct
categories:
a. The managers per se composed of top and
middle managers
b. The supervisors composed of first-line
managers
Designation should be reconciled with the actual job
description of the employee for it is the job description
that determines the nature of the employment.
Although subject section heads and unit managers
exercise the authority to hire and fire, the authority they
exercise is merely advisory in character. There is not a
final determination of the company policies inasmuch
as any action taken by them on matters relative to
hiring, promotion, transfer, suspension and termination
of employees is still subject to confirmation and
approval by their respective superior.
Where such power, recommendatory in character, is
subject to evaluation, review and final action by the
department heads and other executives of the
company, the same, although present, is not effective
and not an exercise of independent judgment as
required by law.
4. Confidential employee rule
Those who:
1. Assist or act in a confidential capacity
2. To persons or officers who formulate,
determine and effectuate management
policies in the field of labor relations.
The two (2) criteria are cumulative and both must be
met if an employee is to be considered a confidential
employee, that is:
1. The confidential relationship must exist
between the employee and his supervisor
2. The supervisor must handle the prescribed
responsibilities relating to labor relations.
5. Confidential employee may be rank-and-
file or supervisory
A confidential employee may be rank-and-file or
supervisory employee but because in the normal
course of his duties, he becomes aware of
management policies relating to labor relations, he is
not allowed to assist, form or join a rank-and-file
employee or supervisory union.
His exclusion from the bargaining unit is justified under
the “confidential employee rule.”
6. Not a confidential employee; access to
confidential labor relations information;
merely incidental
If the access to confidential labor relations information
is merely incidental in the performance of their
functions, they do not have to be treated as confidential
employees; thus they are eligible and have the right to
form or join a union.
Therefore, access to information which is regarded by
the employer to be confidential from the business
standpoint, such as financial information or technical
trade secrets, will not render an employee a
confidential employee.
7. Doctrine of necessary implication
Doctrine of necessary implication is the legal
justification of confidential employee’s exclusion from
exercising his right to self-organization.
While Art. 266 of the Labor Code singles out
managerial employees as ineligible to join, assist or
form any labor organization under the necessary
implication, confidential employees are similarly
disqualified.
This doctrine states that what is implied in a statute is
as much a part thereof as that which is expressed.
Managerial employees are supposed to be on the side
of the employer to act as the representatives and to see
to it that its interests are well-protected.
The employer is not assured of such protection if
managerial employees themselves are union
members. Collective bargaining in such a situation can
become one-sided. It is the same reason why the
position of confidential employees is included in the
disqualification found in Art. 255 as if such
disqualification was written in the provision.
If confidential employees could unionize in order to
bargain for advantages for themselves, then they could
be governed by their own motives rather than the
interest of the employer.
8. Test of managerial status
It is the nature of an employees’ functions and not the
nomenclature or title given to his job which determines
whether an employee is managerial or not. Among the
characteristics of managerial rank are:
a. He is not subject to the rigid observance of
regular office hours;
b. His work requires the consistent exercise of
independent judgment and discretion in its
performance;
c. The output produced or the result
accomplished cannot be standardized in
relation to a given period of time.
d. He manages a customarily recognized
department or subdivision of the
establishment; customarily and regularly
directing the work of other employees therein.
e. He either has the authority to hire or discharge
other employees or his suggestions and
recommendations as to hiring and
discharging, advancement and promotion or
other change of status of other employees are
given particular weight.
f. As a rule, he is not paid hourly wages nor
subjected to maximum hours of work.
In order that the power to recommend may qualify an
employee as a managerial employee, it must not only
be effective but the exercise of such authority should
not be merely of a routinary or clerical nature but
should require the use of independent judgment.
The test of supervisory or managerial status depends
on whether a person possesses the authority to act in
the interest of his employer and whether such authority
is not merely routinary or clerical in nature, but requires
the use of independent judgment.
9. Managerial employees are not eligible to
join a union.
10. Doctrinal rulings on those
allowed/prohibited to join, form or assist a
labor organization.
a. Prohibiting managerial employees to self-
organize extends to confidential employees –
Art. 250 of the Labor Code limits the
ineligibility to join, form and assist any labor
organization to managerial employees.
Jurisprudence has extended its prohibition to
confidential employees.
b. Accounting personnel, radio and telegraph
operators having access to confidential
information are confidential employees
because they may become the source of
undue advantage. Said employees may act
as a spy or spies of either party to a collective
bargaining agreement.
c. Branch managers, cashiers and controllers
are confidential employees, having control,
custody and/or access to confidential matters.
A confidential employee is one entrusted with
confidence on delicate matters, or with custody,
handling, or care and protection of the employer’s
property.
d. General Manager including executive
secretaries are confidential employees having
access to vital labor information.
e. Legal secretaries are confidential employees.
f. Prohibiting supervisory employees to join
rank-and-file union, not a ground for
cancellation of union registration.
11. Supervisory employees may join a union
They are not eligible for membership in a labor
organization of the rank-and-file employees but may
join, assist or form separate organizations of their own.
12. Employees of non-profit institutions may
join a union
13. Separation of unions doctrine,
abandoned; adamson and adamson ruling
reinstated; comingling allowed.
The separation of union doctrine prohibits a situation
where the supervisory union and the rank-and-file
union operating within the same establishment are both
affiliated with one and the same federation or national
union because of the possible conflict of interest which
may arise in the areas of discipline, collective
bargaining and strike.
However, with the amendment of Art. 255 by R.A.
9841, the law now allows a rank-and-file union and a
supervisors’ union operating within the same
bargaining unit to join the one (1) and the same
federation or national union.
It was held in Adamson & Adamson that the unions
formed independently by the supervisory and rank-
and-file employees in a company may legally affiliate
with the same federation.
Article 245-A. Effect of inclusion as members of
employees outside the bargaining unit. - 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.
1. Inclusion as members of employees
outside the bargaining unit; its effect
It 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.
2. Inclusion of disqualified employees in a
union (comingling) not a ground for
cancellation of registration
While there is a prohibition against the mingling of
supervisory and rank-and-file employees in one labor
organization, the Labor Code does not provide for the
effects thereof.
Thus, the inclusion of supervisory employees in a labor
organization seeking to represent the bargaining unit of
rank-and-file employees does not divest it of its status
as a legitimate labor organization.
3. Proper procedure in case of inclusion of
disqualified employees in a union due to
misrepresentation
Proper procedure is for an employer to directly file a
petition for cancellation of the union’s certificate of
registration due to misrepresentation, false statement
or fraud under the circumstances enumerated in Art.
247 of the Labor Code, as amended.
However, it is now settled under Art. 256, that the
inclusion of disqualified employees in a union shall not
be a ground for cancellation of union registration.

Article 246. Non-abridgment of right to self-

organization. It shall be unlawful for any person to
restrain, coerce, discriminate against or unduly
interfere with employees and workers in their exercise
of the right to self-organization. Such right shall include
the right to form, join, or assist labor organizations for
the purpose of collective bargaining through
representatives of their own choosing and to engage in
lawful concerted activities for the same purpose for
their mutual aid and protection, subject to the
provisions of Article 285 of this Code.

1. Prohibition against commission of an ULP

act

An unfair labor practice is an act of an employer or

union- or their agents, which violates the right of
workers to self-organization, which includes the right
to:

a. Form a union
b. Take part in its formation
c. Join or assist a union of their own choosing
for the purpose of
d. Collective bargaining and negotiations
e. Engage in concerted activities for mutual aid
and protection.