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AllBar 2024LABOR LAW AND SOCIAL LEGISLATIONSVIII. LABOR RELATIONSC. Unfair Labor Practices1. By Employers - Labor Code, Art. 259

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Question

Unfair Labor Practices by Employers - Labor Code, Art. 259

Scenario:

  1. Employer XYZ Company is engaged in a labor dispute with its employees who are demanding higher wages. In an attempt to undermine the union's bargaining power, the company terminates several key union leaders without any valid reason.
  2. Employee A, a newly hired worker, expresses her intention to join a labor union and actively participate in its activities. Upon learning about this, her supervisor constantly harasses and intimidates her, making her work environment hostile.
  3. Firm ABC Corporation is facing financial difficulties and decides to retrench some of its employees. However, instead of following the legally mandated procedure of retrenchment, the company selectively terminates employees who are known to be active union members, in an effort to weaken the union's influence.

Based on the given scenarios, analyze and discuss whether the employers' actions constitute unfair labor practices in violation of the provisions of the Labor Code, Art. 259. Provide legal justifications and relevant concepts to support your answer.


Answer

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