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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.
“It shall be unlawful for an employer to commit any of the following unfair labor practices:”
“It shall be unlawful for any person to restrain, coerce, discriminate against or unduly interfere with employees and workers in their exercise of the right to self-organization.”
“It is the policy of the State to encourage free trade unionism and free collective bargaining.”
In cases of unfair labor practice involving the dismissal from employment of union officers duly elected in accordance with the union constitution and by-laws which may constitute union-busting where the existence of the union is threatened, the 15-day cooling-off period shall not apply and the union may take action immediately after the strike vote is conducted and the results thereof submitted to the Regional Branch of the Board, subject to the 7-day strike ban period. (Book VII, Rule IV, Section 7, Issuances of the Department of Labor and Employment and its Attached Agencies)
“However, in case of unfair labor practice involving the dismissal from employment of union officers duly elected in accordance with the union constitution and by- laws, which may constitute union-busting where the existence of the union is threatened, the 15 day cooling-off period shall not apply and the union may take action immediately after the strike vote is conducted and the results thereof submitted to the Regional Branch of the Board, subject to the 7-day strike ban period.”
“Unfair labor practices violate the constitutional right of workers and employees to self-organization, are inimical to the legitimate interests of both labor and management, including their right to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect, disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations.”
“Consequently, unfair labor practices 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 as herein provided.”
“Subject to the exercise by the President or by the Secretary of Labor and Employment of the powers vested in them by Articles 263 and 264 [201]of this Code, the civil aspects of all cases involving unfair labor practices, which may include claims for actual, moral, exemplary and other forms of damages, attorney's fees and other affirmative relief, shall be under the jurisdiction of the Labor Arbiters.”
Limits of the sources
- The authorities quoted here do not supply a single statutory definition that translates the phrase “union busting” into one exact checklist.
- The sources do not, by themselves, provide a full test for when employer conduct is treated as “union-busting” (they identify the unfair labor-practice categories and one procedural context where the term appears).
- The sources do not include [CASE HOLDING] excerpts from the cited decisions, so no case-law “rule statement” can be extracted here to define or narrow what qualifies as “union busting” beyond the unfair labor practice provisions and the specific dismissal-of-elected-officers context mentioned.
Laws retrieved
Everything retrieval surfaced, not only what the answer relied on. Read the ones it quotes.
- Article 259, Labor Relations
- Article 257, Labor Relations
- Section 8, The 1987 Constitution of the Republic of the Philippines
- Article 278, Labor Relations
- Section 7, Issuances of the Department of Labor and Employment and its Attached Agencies
- Article 258, Labor Relations
- Section 6, Issuances of the Department of Labor and Employment and its Attached Agencies
- Section 5, Issuances of the Department of Labor and Employment and its Attached Agencies
The sources do not include any case law excerpts, so it is not established here how the courts have specifically applied or interpreted the concept of union busting beyond the statutory and regulatory text.
Cases retrieved
Everything retrieval surfaced, not only what the answer relied on. Read the ones it quotes.