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Unfair labor practice refers to acts that violate the workers right to organize. The
prohibited acts are related to the workers right to self-organization and to the
observance of a CBA. Without that element, the acts, no matter how unfair, are not
unfair labor practices. The only exception is Art. 259 (f) [i.e. to dismiss, discharge or
otherwise prejudice or discriminate against an employee for having given or being
about to give testimony under this Code]. [Philcom Employees Union v. Phil. Global,
2006]
YES, because ULPs 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 (Art. 247, Labor Code; See also BP Blg. 386 as
amended by RA 6715). However, the criminal aspect can only be filed when the
decision of the labor tribunals, finding the existence of ULP, shall have become final
and executor.