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AllBar 2024LABOR LAW AND SOCIAL LEGISLATIONSVIII. LABOR RELATIONSC. Unfair Labor Practices2. By Labor Organizations - Labor Code, Art. 260

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Question

Subject: Unfair Labor Practices
Topic: By Labor Organizations - Labor Code, Art. 260

A labor organization representing the employees of XYZ Company filed a petition for certification election before the Department of Labor and Employment (DOLE). The petition was duly verified and supported by a majority of the employees in the bargaining unit. However, the employer, in an attempt to deter the employees from joining the labor organization, engaged in certain actions that could be considered unfair labor practices.

Based on the given scenario, analyze the following situations and determine whether they constitute unfair labor practices by the labor organization:

  1. The labor organization threatens the employees who refuse to join their organization with bodily harm or other forms of physical violence.
  2. The labor organization conducts peaceful picketing outside the company premises, holding placards advocating for improved wages and working conditions.
  3. The labor organization boycotting the products or services of XYZ Company and publicly urging customers not to patronize the said company.
  4. The labor organization coerces the employer to dismiss employees who are not members of the labor organization, thereby discriminating against non-union members.
  5. The labor organization files a baseless and malicious complaint against the employer, alleging unfair labor practices, with the intent to harass and damage the company's reputation.

Answer

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