ARTICLENOTESCASE

Article 249 Unfair Labor Practices of Labor Organizations UNFAIR LABOR PRACTICES for LABOR ORGANIZATIONS To restrain or coerce employees right to self organization. Right to prescribe its own rules (acquisition or retention of membership) Cause an employer to discriminate employee to whom membership has been denied or to terminate on any ground other than usual terms and conditions To violate the duty or refuse to bargain collectively EXACTION (Featherbedding) Sweethearts contract To violate CBA(BP 130)

a labor union may also be held liable under this article for unfair labor practice (ulp) courts will strike down their unfair treatment by their own unworthy leaders. FEATHERBEDDING 249(D) in the nature of exaction, for services which are not performed or not to be performed, as when a union demands that the employer maintain personnel in excess of the latters requirements. ULP through COERCIVE MEANS NO FEATHERBEDDING: if the [aid work is performed made no matter how unnecessary or useless it may be to the employer. SWEETHEARTS CONTRACT 249(E) CBA considered as this/ sweethearts contract It does not substantially improve the employers wages and benefits. It may even provide below. unfair to ask for accept negotiation or attorneys fees as part of SETTLEMENT of any disputes.

UNION SECURITY CLAUSE stipulation in CBA, employer recognize right of the union to MAINTAIN AND PROTECT ITS MEMBERSHIP BY IMPOSING CERTAIN TERMS AND CONDITIONS IN HIRING employees and retention of employment.

PURPOSE:1. PROTECTION whimsical and abusive exercise of management prerogatives2. BENEFITS additional source of income to union3. SELF PRESERVATION selective acceptance

COMMON TYPES OF UNION SECURITY CLAUSES

1. CLOSED SHOP AGREEMENT2. UNON SHOP AGREEMENT3. MAINTENANCE OF MEMBERSHIP CLAUSE4. AGENCY SHOP5. PREFERENTIAL SHOP AGREEMENT

1 ) CLOSED SHOP AGREEMENT- an AGREEMENT Employer binds himself to hire only members of the contracting union must continue to remain members for the duration as condition for continued employment.

2) UNION SHOP AGREEMENT- clause- right to hire persons without regard to their membership or non-membership in the labor union.- provision: person hired must become member of the union after specified period and must maintain membership for the duration of agreement. - can require to join not sooner than 30 days after the date of their employment whichever is later. - Can be fired only because of failure to pay regular dues and initiation fees.

3) MAINTENANCE OF MEMBERSHIP CLAUSE-does not require non members to join but THOSE WHO DO JOIN MUST MAINTAIN THEIR MEMBERSHIP for the duration of the union contract, under penalty of discharge.

4) AGENCY SHOP aka Anti-free rider or hitchhiker- arrangement which requires for payment of agency fee as condition of employment for the benefits of these employees receive from CBA. - EXCEPTIONS: bona fide religious objections.

5) PREFERENTIAL SHOP AGREEMENT- right to select employees but with preference to qualified members of union.

Non-membership due to religious beliefs may not be compelled to join if their religious org prohibit them to join.

Valid Termination of employment pursuant to union security clauseTanduay Distillery Labor Union vs NLRC

VALID FORMS OF UNION SECURITY

Closed shop arrangement The union shop Maintenance of membership shop Preferential shop Maintenance of treasury shop Check-off provisions

Salunga vs CA (Closed shop agreement)

causes the administration of discipline by unions to be affected with the public interest. If said unions may be compelled to admit new members, with more reason may the law and the courts exercise coercive power when the employee is a long standing union member who was impelled to tender his resignation which he withdrew and revoked. He may at least invoke his rights of those who seek admission for the first time, and not arbitrarily be denied readmission.

Liberty Flour mills vs Liberty four mills Labor alliance Council (union shop)

Purpose: as a means of encouraging the workers to join and support the labor union of their own choice as their representative in the negotiation of their demands and the protection of their interest vis--vis the employer.

Carino vs NLRC (maintenance clause)

this undertaking must not be done hastily and summafrily. In bad faith for dismissing without giving then benefit of hearing. Company immediately dismissed Disregarding right to due process, self organization and security of tenure.

Victoriano vs Elizalde rope Workers union(religious belief)

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