Isabella Carter
Unfair labor practices (ULPs) refer to actions taken by employers or labor organizations that violate the rights of employees or employers as defined by various labor laws. These practices are prohibited under various labor relations statutes, including the National Labor Relations Act (NLRA). Under the NLRA, ULPs are categorized under Section 8 of the Act, which defines specific prohibited behaviors for employers and labor organizations. This includes interfering with, restraining, or coercing employees in the exercise of their rights to organize, form, join, or assist a labor organization. Similarly, labor organizations may not restrain or coerce employees in the exercise of these rights. Examples of ULPs include refusing to process a grievance because an employee is not a union member, eliminating employees' compressed work schedules without notice to the union, and threatening employees with job loss or other retaliation for engaging in union activities.
| Characteristics | Values |
|---|---|
| Refusing to process a grievance | because an employee is not a union member |
| Eliminating employees’ compressed work schedules | without giving their union notice and an opportunity to bargain over the change |
| Refusing to grant an employee’s request for a union representative | during an investigatory interview, when the employee reasonably fears discipline |
| Refusing to bargain collectively | with the other party |
| Interfering with an employee's right | to organize, join, or assist a union; engage in collective bargaining; or engage in protected, concerted activities |
| Dominating or providing illegal assistance or support | to a labor union |
| Discriminating against employees | to encourage or discourage membership in a labor organization |
| Retaliating against an employee | for filing a charge with, or giving testimony to, the NLRB |
| Coercively questioning employees | about their own or coworkers' union activities or sympathies |
| Prohibiting employees from talking about the union during working time | if you permit them to talk about other non-work-related subjects |
| Polling your employees to determine the extent of their support for a union | unless you comply with certain safeguards |
| Discipline or discharging a union-represented employee | for refusing to submit, without a representative, to an investigatory interview the employee reasonably believes may result in discipline |
| Interviewing employees to prepare your defense in an unfair labor practice case | unless you provide certain assurances |
| Initiating, soliciting employees to sign, or lending more than minimal support | to or approval of a decertification or union-disaffection petition |
| Threatening employees with loss of jobs or benefits | if they join or vote for a union or engage in protected concerted activity |
| Threatening to close the plant | if employees select a union to represent them |
| Questioning employees about their union sympathies or activities | in circumstances that tend to interfere with, restrain or coerce employees in the exercise of their rights |
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What You'll Learn
Refusing to process a grievance due to non-union membership
Refusing to process or handle a grievance due to non-union membership is an example of a union unfair labor practice. This is because unions have a legal duty to represent non-members fairly, just as they would union members. This is known as the duty of fair representation.
In the United States, the National Labor Relations Act (NLRA) gives employees the right to act together to improve their employment terms and conditions by forming or joining a union. The NLRA also prohibits employers and unions from interfering with these rights or the balance between unions and employers. These prohibited actions are called "unfair labor practices".
Unions have a lot of leeway in choosing which grievances they will handle. If a union honestly believes that a case is not strong enough to continue, it may legally stop representing the grievance. However, if the union is found to have breached its duty of fair representation, the affected employee can file a claim against the union. The employee can also bring a claim against their employer for the original grievance if the union's failure to represent them fairly was the reason for not receiving a satisfactory remedy.
In addition, the Federal Service Labor-Management Relations Statute protects federal employees' rights to organize, bargain collectively, and participate in labor organizations of their choosing – and to refrain from doing so. Employees covered by the Statute have the right to form, join, or assist a union, or refrain from such activity, without reprisal.
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Coercing employees about union activities
Employers may not interfere with, restrain, or coerce employees in the exercise of their rights. This includes threatening, interrogating, or spying on pro-union employees, creating the impression of spying on union activities, or promising benefits to employees if they forget about the union. Employers also may not initiate, solicit, or lend more than minimal support to a decertification or union-disaffection petition.
Unfair labor practices also include transferring, laying off, terminating, assigning more difficult work, fining, or otherwise punishing employees because they engaged in union or protected concerted activity, filed unfair labor practice charges, or participated in an investigation. It is also unlawful to threaten employees with job loss or other repercussions if they join or support a union.
The Federal Service Labor-Management Relations Statute protects federal employees' rights to organize, bargain collectively, and participate in labor organizations of their choosing, as well as their right to refrain from doing so. Both agencies and unions can commit unfair labor practices by violating the rights and rules established by this Statute.
The duty to bargain in good faith is an important aspect of labor relations. This means that both parties must actively participate with a sincere desire to reach an agreement and find common ground. If an employer or union believes an unfair labor practice has occurred, they may file a charge with the National Labor Relations Board (NLRB) within six months of the incident.
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Failing to bargain collectively in good faith
The duty to bargain collectively entails a mutual obligation to meet and negotiate promptly and efficiently in good faith. The purpose of these negotiations is to reach an agreement on wages, work hours, and other terms and conditions of employment. However, it is important to note that bargaining collectively in good faith does not compel either party to agree to a proposal or make concessions.
The National Labor Relations Act (NLRA) gives employees the right to form or join unions and engage in collective bargaining to improve their terms of employment. The NLRA also sets rules for union elections and prohibits employers and unions from interfering with these rights. Similarly, labour organizations may not restrain or coerce employees in the exercise of these rights.
In determining whether a party is bargaining in good faith, the National Labor Relations Board (NLRB) considers the totality of the circumstances. This includes examining whether there is a present intention to find a basis for agreement, which implies having an open mind, a sincere desire to reach an agreement, and a sincere effort to find common ground.
Examples of employer conduct that violates the law include threatening employees with job loss or other benefits if they join a union or engage in protected concerted activity, threatening to close operations if employees select a union, or questioning employees about their union activities in a way that interferes with their rights.
If an employer, employee, or union believes an unfair labour practice has occurred, they may file a charge with the NLRB within six months of the incident.
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Discriminating against employees due to union activities
Discriminating against employees due to their union activities or sympathies is unlawful and constitutes an unfair labour practice. Section 8(a)(3) of the National Labor Relations Act (NLRA) specifically prohibits this form of discrimination, stating that it is illegal to encourage or discourage union membership through discriminatory actions in hiring, tenure, or any other terms and conditions of employment. This includes adverse actions such as discharge, layoff, discipline, or refusal to hire applicants based on their pro-union stance.
The NLRA grants employees the right to collectively improve their employment terms and conditions by forming or joining unions. This right is protected by prohibiting employers and unions from interfering with these activities through unfair labour practices. Examples of such practices include threatening employees with job loss or other benefits if they join a union, threatening to close operations if employees unionize, or questioning employees about their union involvement in a way that interferes with their rights.
Additionally, it is unlawful to discriminate against employees to encourage or discourage union membership. This includes actions such as transferring, laying off, terminating, or assigning more difficult work to employees who engage in union activities. It is also illegal to punish employees for filing unfair labour practice charges or participating in investigations conducted by the National Labor Relations Board (NLRB).
The NLRB is responsible for investigating and addressing unfair labour practice charges. They consider the totality of circumstances to determine whether discrimination against employees due to their union activities has occurred. Employees who believe they have been subjected to such discrimination can file a charge with the NLRB within six months of the incident.
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Retaliating against employees for filing charges
Employees are protected by law from retaliation by their employer or union if they file a charge or participate in an NLRB investigation. The National Labor Relations Act (NLRA) forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining, or assisting a labor organization for collective bargaining purposes.
The Federal Service Labor-Management Relations Statute (the Statute) protects federal employees' rights to organize, bargain collectively, and participate in labor organizations of their choosing, as well as to refrain from doing so. Employees covered by the Statute have the right to form, join, or assist a union without reprisal. This includes the right to organize or attempt to organize a union in the workplace.
If an employee believes their rights have been violated by their employer, they should contact the National Labor Relations Board (NLRB) as soon as possible. An NLRB agent will be able to advise on possible violations, and a charge can be filed against an employer or labor organization. Each charge is investigated by Board agents who gather evidence and may take affidavits from parties and witnesses. Their findings are evaluated by the Regional Director, and in certain novel or significant cases, they are reviewed by NLRB attorneys. During this period, the majority of charges are settled by the parties, withdrawn by the charging party, or dismissed by the Regional Director.
If the NLRB investigation finds sufficient evidence to support the charge, every effort is made to facilitate a settlement between the parties. If no settlement is reached, the agency issues a complaint. Common allegations against employers in complaints include threats, interrogations, and unlawful disciplinary actions against employees for their union activity; promises of benefits to discourage unionization; and, in the context of collective bargaining relationships, refusals to provide information, refusals to bargain, and withdrawals of recognition.
It is important to note that the NLRB cannot assess penalties, but it may seek make-whole remedies, such as reinstatement and back pay for discharged workers, and informational remedies, such as requiring the employer to post a notice promising to abide by the law.
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Frequently asked questions
Union unfair labor practices are actions taken by unions that violate the rights of employees or employers as defined by various labor laws. These practices are prohibited under various labor relations statutes, including the National Labor Relations Act (NLRA). Examples of union unfair labor practices include:
- Refusing to process a grievance because an employee is not a union member.
- Violating an employee's right to organize, join, or assist a union.
- Failing to bargain in good faith with the employer.
The NLRA gives employees the right to act together to improve the terms and conditions of their employment by forming, joining, or assisting a union. Employees also have the right to refrain from any such activity without reprisal.
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). It is important to note that a charge must be filed within six months of the incident.
Examples of union unfair labor practices that interfere with employee rights include:
- Coercively questioning employees about their union activities or sympathies.
- Prohibiting employees from talking about the union during working time, while allowing discussions on other non-work-related subjects.
- Refusing to grant an employee's request for a union representative during an investigatory interview when the employee reasonably fears discipline.
