PLAI

Public chat

what is union busting?

Default modelResearch answer

Definition

“Union busting” is not expressly defined in the Labor Code or the authorities quoted here; in Philippine labor law, the closest concept is the set of unfair labor practices and related conduct that interfere with, restrain, or coerce workers’ right to self-organization—sometimes described in the sources as “union-busting” when a union’s existence is threatened.

Explanation

  • Unlawful “union-busting” conduct, in the terms used by the sources, is conduct that threatens the union’s existence, and the specific labor-law framework for that is unfair labor practices.
  • The sources tie unfair labor practices to the constitutional right to self-organization and describe unfair labor practices as both civil-rights violations and criminal offenses against the State.
  • The unfair labor practice provisions most directly relevant to what the public commonly means by “union busting” include employer (and other persons) actions such as:
    • interfering with, restraining, or coercing employees’ exercise of the right to self-organization;
    • requiring workers to not join a union or to withdraw from a union;
    • dominating or interfering in the formation/administration of a labor organization (including giving financial or other support);
    • discriminating with respect to employment conditions to encourage or discourage union membership (subject to specific membership/fee rules stated in the provision);
    • dismissing or prejudicing an employee for giving or about to give testimony under the Code;
    • violating the duty to bargain collectively;
    • paying negotiation or attorney’s fees to the union as part of settlement; and
    • violating a collective bargaining agreement.

The sources do not provide a comprehensive statutory definition of union busting, but they do refer to union-busting in the context of unfair labor practice involving the dismissal of union officers where the existence of the union is threatened. In such cases, the usual 15-day cooling-off period before a strike does not apply, and the union may act immediately after conducting a strike vote and submitting the results to the appropriate regional branch.

This is general legal information, not legal advice.

Open this chat · or ask your own question