Article 258Concept of Unfair Labor Practice and Procedure for Prosecution Thereof

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 As amended by B.P. Blg. 70 (1980). As amended by E.O.

No. 111 (1986). As amended by Section 8 of R.A. No.

9481 (2007). As inserted by Sec. 9 of R.A. No. 9481 (2007).

As amended by B.P. Blg. 70 (1980). Art. 264 has been renumbered as Art.

279. Renumbered as Article 279. As amended by B.P. Blg.

70 (1980). The third paragraph was later further amended by Sec. 19 of R.A. No. 6715 (1989).

RULES ny 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 201of 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.

The Labor Arbiters shall give utmost priority to the hearing and resolution of all cases involving unfair labor practices. They shall resolve such cases within thirty (30) calendar days from the time they are submitted for decision.202 Recovery of civil liability in the administrative proceedings shall bar recovery under the Civil Code. No criminal prosecution under this Title may be instituted without a final judgment finding that an unfair labor practice was committed, having been first obtained in the preceding paragraph.

During the pendency of such administrative proceeding, the running of the period of prescription of the criminal offense herein penalized shall be considered interrupted: Provided, however, That the final judgment in the administrative proceedings shall not be binding in the criminal case nor be considered as evidence of guilt but merely as proof of compliance of the requirements therein set forth. CHAPTER II Unfair Labor Practices of Employers