NINE ULP ACTS OF ER:

1. Interference
2. Yellow dog condition
3. Contracting out
4. Company unionism
5. Discrimination for or against union membership
6. Discrimination because of a testimony
7. Violation of duty to bargain
8. Paid negotiation
9. Violation of CBA

 Economic inducements: While a representation election is pending, the conferral of EE benefits for the
purpose of inducing the EEs to vote against a union is unlawful
 Totality of conduct doctrine – the culpability of ERs remarks was to be evaluated not only on the basis of
their implications, but against the background of and in conjunction with collateral circumstances
 Subterfuge – a systematic approach intended to dampen the enthusiasm of the union members
 Doctrine of successor ER – the new company will be treated as a continuation or successor of the one that
closed
 YELLOW DOG CONDITION- A promise exacted from the workers as a condition of employment that they are
not belong to, or attempt to foster, a union during their period of employment
 Runaway Shop- An industrial plant moved by its owners from one location to another to escape union labor
regulations or state laws
 Financial support to the union – an ER commits ULP if he defrays the union expenses or pays the atty’s fees
to the atty who drafted the CBL of the union
 Anti-union animus- is found when the ERs conduct is not motivated, or at least is not entirely motivated by
legitimate and substantial business reasons but by a desire to penalize or reward EEs for union activity
 Blacklist – a list of persons marked out for special avoidance, antagonism or enmity on the part of those who
prepare the list, or those among whom it is intended to circulate
 Union security clause - CBA stipulations intended to enforce union membership
 PAID NEGOTIATION - It is a punishable act of ULP for the ER to pay the union or any of its officers or agents
any negotiation fee or atty’s fee as part of settlement in collective bargaining or any labor dispute

 Featherbedding – EE practices which create or spread employment by unnecessarily maintaining or

increasing the number of EEs used, or the amount of time consumed, to work on a particular job

Union Security Clause

Union security – a generic term which is applied to and comprehends

 Closed-shop – only union members can be hired by the company and they must remain as union members
to retain employment in the company
 Union shop – nonmembers may be hired, but to retain employment must become union members after a
certain period

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  Modified union shop – EEs who are not union members at the time of signing the contract need not join the
union, but all workers hired thereafter must join
 Exclusive bargaining shop – the union is recognized as the exclusive bargaining agent for all EEs in the
bargaining unit, whether union members or not
 Bargaining for members only – the union is recognized as the bargaining agent only for its won members
 Agency shop – an agreement whereby EEs must either join the union or pay to the union as exclusive
bargaining agent a sum equal to that paid by the members
 Open shop – an arrangement which does not require union membership as a condition of employment

Exemption from compulsory membership

1. Religious objectors – these are the members of a religious sect that prohibits membership in a labor union
2. Members of minority unions – to hold that the EEs in a company who are members of a minority union may
be compelled to disaffiliate from their union and join the majority or contracting union, would render
nugatory the right of all EEs to self-organization and to form, join or assist labor orgs of their own choosing,
a right guaranteed by the industrial peace act
3. Confidential EEs – are outside the bargaining unit being represented by the bargaining union
4. EEs expressly excluded by CBA stipulation

Art. 259. ULP of Labor Orgs

1. To restrain or coerce EEs in the exercise of their right to self-organization

2. To cause or attempt to cause an ER to discriminate against an EE, including:
a. Discrimination against an EE with respect to whom membership in such organization has been denied
or
b. To terminate an EE on any ground other than the usual terms and conditions under which
membership or continuation of membership is made available to other members
3. To violate the duty, or refuse to bargain collectively with the ER, provided it is the representative of the EEs
4. To cause or attempt to cause an ER 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 fee for union negotiations
5. To ask for or accept negotiations or atty’s fees from ERs as part of the settlement of any issue in collective
bargaining or any other dispute
6. To violate a CBA
 Only the officers, members of governing boards, representatives or agents or members of labor assocs or orgs
who have actually participated in, authorized or ratified ULP shall be help criminally liable

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