Addressing Unfair Labor Practices

The term “unfair labor practices or ULP” is defined under the labor code that falls under Section 8, Articles 259 and 260 of the code. It is between the management and labor union, can be guilty of ULP. The direct worker from the employer is never guilty of ULP in their personal capacity.

Conceptually, an act becomes a ULP when it violates a worker’s right to self-organization for collective bargaining purposes, the right to concerted action for the same collective bargaining purposes or for the worker’s mutual aid or protection

This study is about unfair labor practices at Coca-Cola Bottlers Philippines, Inc (CCBPI) in Santa Rosa, Laguna together with their service provider which is The Redsystem Company Inc. versus the Unyon ng mga Manggagawang Driver, Forklift Operator, at Picker.

This case study's objective is to shed light on the issues related to some unfair labor practices.

BACKGROUND

A non-governmental labor organization slams the Coca-Cola FEMSA Philippines, Inc. (CCFPI) for committing gross labor rights violations. CCFPI is part of the multinational beverage company Coca-Cola FEMSA, the largest franchise bottlers of Coca-Cola products in the world.

Coca-Cola FEMSA has committed gross labor rights violations with its refusal to implement the labor department’s decision released on April last year in favor of the regularization of 675 contractual workers in its Sta. Rosa plant. A total of 140 workers demanding an end to contractualization continue to hold the picket since March 21. Prior to the picket, the company laid off more than 700 employees last month as part of the “organizational structure assessment” due to the Tax Reform for Acceleration and Inclusion (TRAIN) law passed in December.

“The mass layoff by Coca-Cola FEMSA is clearly for the purposes of union busting as twenty four of the laid off employees are union officers, four of whom are presidents. There was no proper negotiation between the company and the trade unions concerning the downsizing of workforce, which is a violation of the free exercise of bargaining rights. We also strongly condemn Coca-Cola FEMSA for its conscious failure to recognize its long-term workers as regular employees, violating their rights to security of tenure, joining the union, and to a living wage,” EILER executive director Rochelle Porras said.

PROBLEMS ENCOUNTERED

Here are the list of the unfair labor practices of both employer and union.

EMPLOYER

ULP by management are as follows:

1. Requiring as a condition of employment that a person or an employee shall not join a labor organization or shall withdraw from one to which he belongs;
2. Contracting out services or functions being performed by union members when such will interfere with, restrain, or coerce employees in the exercise of their right to self-organization;
3. Discrimination as regards to wages, hours of work, and other terms and conditions of employment

LABOR UNION

A labor organization commits ULP by any of the following violations:

1. Engaging in strikes, boycotts, or other coercive action for an illegal purpose.
2. Striking, picketing, or otherwise engaging in a collective work stoppage at any health care institution without giving required notice to the institution and the Federal Mediation and Conciliation Service.

PROPOSED SOLUTION

Having a good governance and well compensated employees and better communication with the labor unions can lead to harmony and success.

The key solution to these problems is to have collective bargaining with the labor unions. And if it doesn’t end there and didn’t have a good agreement and negotiation, should make it legal. An employer, employee, or union that believes an unfair labor practice has been committed may file a charge with the National Labor Relations Board (NLRB). You must file a charge within six months of the incident. The National Labor Relations Act (NLRA) can be enforced only through the NLRB, not through private lawsuits.

ALTERNATIVES

Again, collective bargaining agreement can be one of the alternative to these problems. A collective bargaining agreement (CBA) is a written legal contract between an employer and a union representing the employees. The CBA is the result of an extensive negotiation process between the parties regarding topics listed below:

• Wages
• Overtime
• Pay scales
• Working hours
• Training provided
• Benefits provided, including things like health insurance or retirement savings plans
• Vacation and holidays
• Disciplinary procedures (possibly including provisions for termination)
• Safety policies
• Processes for promotions, seniority designations, work assignments, transfers, etc.
• Other relevant working condition negotiations
• How to resolve future issues or disputes (employee grievances)
• Rights and responsibilities of all affected groups (employees, employers, unions, etc.)

At the end of the day, a collective bargaining agreement is a form of employment contract that governs actions between the employer and unionized employees. In this, they could solve the issue by not getting to a higher standard and legal procedures.

CONCLUSION

With the said violations above with regards to the ULP whether to the management or unions, first and foremost it may affect the image of the company. It can also be a hindrance to the success and profitability of the company.

Every workers is seeking for the right and fair welfare program of each. Most of the time employee are very disappointed because of absence of welfare and other benefits that should be given to them.

It endeavors to decrease the productivity efficiency of the workers through increase the gap between labor union and management. This can also result to reduction of performance at work for both management and workers. Most especially it affects the moral of one of each.

Grievance is very sensitive for unions and employers. Employers should take proper step to remove the problem.