"TITLE
VI
Unfair
Labor Practices
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CHAPTER
I
Concept
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"Art.
248. 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.
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"Subject
to the exercise by the President (Prime Minister) or by the Minister of
Labor of the powers vested in them by Articles 264 and 265 of this
Code,
the civil aspects of all cases involving unfair labor practices, which
may include claims for damages and other affirmative relief, shall be
under
the jurisdiction of the labor arbiters. They shall resolve such cases
within
thirty (30) working days from the time they are submitted for decision.
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"Recovery
of civil liability in the administrative proceedings shall bar recovery
under the Civil
Code.
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"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 administrative proceeding referred to in the
preceding
paragraph. During the pendency of such administrative proceeding
referred
to 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."
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"CHAPTER
II
Unfair
Labor Practices of Employers
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"Art.
249. Unfair labor practices
of employers. — It shall be unlawful for an employer to commit any of
the
following unfair labor practices:chanroblesvirtuallawlibrary
"(a) To
interfere with, restrain or coerce employees in the exercise of their
right
to 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 to which he
belongs;
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"(c) To
contract out services or functions being performed by union members
when
such will interfere with, restrain or coerce employees in the exercise
of their rights to self-organization;
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"(d) To
initiate, dominate, assist or otherwise interfere with the formation or
administration of any labor organization, including the giving of
financial
or other support to it;
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"(e) To
discriminate in regard to hire or tenure of employment or any term or
condition
of employment in order to encourage or discourage membership in any
labor
organization. Nothing in this Code or in any other law shall prevent
the
parties from requiring membership in a recognized collective bargaining
agent as a condition for employment, except of those employees who are
already members of another union at the time of the signing of the
collective
bargaining agreement. Employees belonging to an appropriate collective
bargaining unit who are not members of the recognized collective
bargaining
agent may be assessed a reasonable fee equivalent to the dues and other
fees paid members of the recognized collective bargaining agent, if
such
non-union members accept the benefits under the collective agreement:
Provided,
That the individual authorization required under Article 242, paragraph
(o), of this Code shall not apply to the non-members of the recognized
collective bargaining agent;
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"(f) To
dismiss, discharge, or otherwise prejudice or discriminate against an
employee
for having given or being about to give testimony under this Code;
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"(g) To
violate the duty to bargain collectively as prescribed by this
Code:
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"(h) To
pay negotiation or attorney's fees to the union or its officers or
agents
as part of the settlement of any issue in collective bargaining or any
other dispute;
"(i) To
violate or refuse to comply with voluntary arbitration awards or
decisions
relating to the implementation or interpretation of a collective
bargaining
agreement; or
"(j) To
violate a collective bargaining agreement.
"The
provisions of the preceding paragraph notwithstanding, 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."
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"CHAPTER
III
Unfair
Labor Practices of Labor
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"Art.
250. Unfair labor practices
of labor organizations. — It shall be unlawful for a labor
organization,
its officers, agents or representatives to commit any of the following
unfair labor practices:chanroblesvirtuallawlibrary
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"(a) To
restrain or coerce employees in the exercise of their right to
self-organization:
Provided, That the labor organization shall have the right to prescribe
its own rules with respect to the acquisition or retention of
membership;
"(b) To
cause or attempt 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 terminated on any ground other
than the usual terms and conditions under which membership or
continuation
of membership is made available to other members;
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"(c) To
violate the duty, or refuse to bargain collectively with the employer,
provided that it is the representative of the employees;
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"(d) 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 a fee for union negotiations;
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"(e) To
ask for or accept negotiation or attorney's fees from employers as part
of the settlement of any issue in collective bargaining or any other
dispute;
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"(f) To
violate or refuse to comply with voluntary arbitration awards or
decisions
relating to the implementation or interpretation of a collective
bargaining
agreement; or
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"(g) To
violate a collective bargaining agreement.
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"The
provisions of the preceding paragraph notwithstanding, only the
officers
or agents or members of labor associations or organizations who have
actually
participated in, authorized or ratified unfair labor practices shall be
held criminally liable."
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