LABOR RELATIONS SYLLABUS III b.

Yellow dog contract

Unfair Labor Practice -A condition of employment that they shall not join or
belong to a labor organization---or attempt to organize one
during their period of employment or that they shall withdraw
1. ILO CONVENTION No. 98
therefrom in case they are already members of a labor
 (Art. 1 par 1) Workers shall enjoy adequate protection
organizations.
against acts of anti-union discrimination in respect of their
employment
 Common stipulations in a yellow dog contract
 (Art. 1 par. 2) xxx more particularly I respect of acts
1. A representation by the employee that he is not a member
calculated to—
of a labor organization
(a) Make the employment of the worker subject to the
2. A promise by the employee that he will not join a union
condition that he shall not join or join or relinquish a trade
3. A promise by the employee that upon joining a labor
union membership
organization, he will quit his employment
(b) Cause the dismissal or prejudice a worker by
reason of union membership or participation
 For an employee signs away every right he possesses under
 (Art. 5 par. 1) The extent to which the guarantees
the Constitution
provided for in this convention shall apply to the armed
 Employees were deemed to have to cower before the
forces and the police shall be determined by national laws
masters to get a job
or regulations.
 (Art. 6) This convention does not deal with the position of
c. VALID CONTRACTING vs. CONTRACTING OUT UNDER
public servants engage in the administration of the State
ULP
xxxx
GR. Contracting out of services and functions performed by
 (Art. 8 par. 1) This convention shall be binding only upon
union members per se is not an unfair labor practice
those members of the international labor organization
 Contracting-out of a job or work is an inherent management
whose ratifications have been registered with the Director-
rights and prerogatives
General
 Employer’s inherent freedom to regulate its business
 E.g. to contract out work for reasons of business decline,
2. NATURE OF ULP
inadequacy of facilities, reduction of cost and similar
 Not all unfair acts constitutes ULPs
reasonable grounds
 Must have proximate and causal connection with any of
the following 3 rights:
ETR.
1. Exercise to right to self organization
-When the contracting out of job, work or service being
2. Exercise of the right to collective bargaining
performed by union members will interfere with, restrain, or
3. Compliance with CBA
coerce employees in the exercise of their right to self
ETR. Art. 48 (f) To dismiss, discharge or otherwise prejudice
organization
or discriminate against an employee for having given or
being about to give testimony under the Labor Code
d. BLUE SKY BARGAINING
-Blue-Sky Bargaining is defined as "unrealistic and
3. ELEMENTS OF ULP
unreasonable demands in negotiations by either or both labor
a. Existence of employer-employee relationship
and management, where neither concedes anything and
b. Act complained of must be expressly mentioned
demands the impossible." It actually is not collective bargaining
and defined in the Labor Code as an unfair labor
at all. STANDARD CHARTERED BANK EMPLOYEES UNION
practice
(NUBE) vs. The Honorable MA. NIEVES R. CONFESOR
 Both elements must be present

In order to be considered as unfair labor practice, there must

4. JURISDICTION OVER ULP
be proof that the demands made by the union were
2 ASPECTS OF ULP- Civil and Criminal aspects
exaggerated or unreasonable. In the same 2004 case of
a. Civil Aspects
Standard Chartered Bank [supra], the minutes of the meeting
 Includes claims for actual, moral and exemplary
show that the union based its economic proposals on data of
damages, attorney’s fees and other affirmative reliefs
rank-and-file employees and the prevailing economic benefits
 Asserted before the LABOR ARBITER
received by bank employees from other foreign banks doing
b. Criminal Aspects- before the REGULAR COURT
business in the Philippines and other branches of the bank in
the Asian region. Hence, it cannot be said that the union was
CONCEPTS
guilty of ULP for blue-sky bargaining.
a. Union Security Clause
-Imposes upon the workers the obligation to join and maintain
membership in the company’s recognized union as a condition
for employment
e. SURFACE BARGAINING  To cause an employer to pay or agree to pay for standby
 on the part of management. services
Is defined as “going through the motions of negotiating”
without any legal intent to reach an agreement. (Standard LABOR RELATIONS SYLLABUS IV
Chartered Bank Employees Union [NUBE] vs. Confesor, G. R.
No. 114974, June 16, 2004). Strikes and Lockouts

The resolution of surface bargaining allegations never presents GUIDE POSTS

an easy issue. The determination of whether a party has
engaged in unlawful surface bargaining is usually a difficult one
because it involves, at bottom, a question of the intent of the
party in question, and usually such intent can only be inferred
from the totality of the challenged party’s conduct both at and
away from the bargaining table. (Luck Limousine, 312 NLRB
770, 789 [1993]).
 According to Standard Chartered Bank Employees Union
[NUBE] vs. Confesor, [G. R. No. 114974, June 16, 2004],
surface bargaining involves the question of whether an
employer’s conduct demonstrates an unwillingness to
bargain in good faith or is merely hard bargaining. There can
be no surface bargaining, absent any evidence that
management had done acts, both at and away from the
bargaining table, which tend to show that it did not want to
reach an agreement with the union or to settle the
differences between it and the union. Here, admittedly, the
parties were not able to agree and reached a deadlock.
 However, it must be emphasized that the duty to bargain
“does not compel either party to agree to a proposal or
require the making of a concession.” Hence, the parties’
failure to agree does not amount to ULP under Article 248
[g] for violation of the duty to bargain. (See also National
Union of Restaurant Workers [PTUC] vs. CIR, 10 SCRA 843
[1964]).
f. FEATHERBEDDING DOCTRINE
-“make-work”
 Refers to the practice, caused and induced by a union
 Of hiring workers than are needed to perform a given work,
job or task
 Or to adopt work procedures which is evidently senseless,
wasteful, inefficient and without legitimate justifications
 Since it is meant purely for the purpose of employing
additional workers than are necessary
Section 3 Art 13, 1987 Constitution
The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful
concerted activities, including the right to strike in
accordance with law. They shall be entitled to security of
tenure, humane conditions of work, and a living wage. They
shall also participate in policy and decision-making processes
affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility
between workers and employers and the preferential use of
voluntary modes in settling disputes, including conciliation, and
shall enforce their mutual compliance therewith to foster
industrial peace.
The State shall regulate the relations between workers and
employers, recognizing the right of labor to its just share in the
fruits of production and the right of enterprises to reasonable
returns to investments, and to expansion and growth.
Section 4, Art 3, 1987 Constitution
No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably
to assemble and petition the government for redress of
grievances.
ILO Convention no. 87

 Resorted to by union as a response to the laying-off of

workers occasioned by their obsolescence because of the
introduction of machines, robots, or any other technological
advances
REQUISITES:
1. The labor organizations, its officers, agents or
representatives have caused or attempted to cause an
employer either:
a. To pay or agree to pay any money, including the
demand for fee for union negotiations or
b. To deliver or agree to deliver anything of value
2. Such demand for payment of money or delivery of things of
value is in the nature of exaction
3. Services contemplated in exchange for the exaction are not
actually performed or will not be performed