Unfair Labor Practices by a Labor Organization

Employers may be held liable for unfair labor practices if they interfere with their employees right to self-organization.

1. Concept

“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. (Article 258, P.D. 442, Labor Code)

3. Labor Organization Unfair labor practices

Unfair labor practices may be committed both by the employer under Article 248 and by labor organizations under Article 249 of the Labor Code. (Mendoza v. MWEU, G.R. No. 201595, 25 January 2016)

It shall be unfair labor practice for a labor organization, its officers, agents or representatives:1) To restrain or coerce employees in the exercise of their right to self-organization. However, a labor organization shall have the right to prescribe its own rules with respect to the acquisition or retention of membership;2) 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 to terminate an employee on any ground other than the usual terms and conditions under which membership or continuation of membership is made av...


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