FOR PH LAW. LABOR RELATION 1. What is unfair labor practice? 2. What is the nature of unfair labor practice? 3. Is employer-employee relationship required in committing ULP? Explain. 4. Are there an exception to the question in #3? What if any? Give one (1) instance. 5. Enumerate the ULP's committed by the employer. Explain each. 6. Enumerate the the ULP's committed by labor organization. Explain each.

Unfair labor practices are actions taken by employers or unions that are illegal under the

National Labor Relations Act (NLRA). The National Labor Relations Board (NLRB) has

fashioned an extensive listing of employer actions that it contemplates would unjustifiably

interfere with an individual employee's labor rights. 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 established, nevertheless,

short of a final judgment from the NLRC that an unfair labor practice was committed.

Step-by-step explanation

Employers that are unaware they may be covered by labor laws even though they have

nonunionized employees and are at great risk of violating those laws. Employer-employee

relationship is required in committing ULP. There is however an exception in the Act that

excludes certain employees such as supervisors, managers, confidential employees, short-term

employees or independent contractors. A confidential employee may have a different agreement

with the employer in terms of operation and therefore applying the same law to him or her would

be unsuitable.

The ULP's committed by the employer comprise of: a) An employer directly or indirectly forcing

an employee to be a union member or resign from union membership. b) contracting out services

or functions being executed by union members when such will interfere with, restrain, or coerce

employees in the exercise of their right to self-organization; c) discrimination with respects 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.

The ULP's committed by labor organization comprise of: a) Restraint or coercion of employees

in the exercise of their right to self-organization: Nevertheless, the labor organization shall have

the right to advocate its own rules with respect to the acquisition or retention of membership. b)

An employer discriminating 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 open to

other members.