What is Unfair Labor Practice?
Unfair Labor Practices (ULPs) refer to actions by employers or unions that violate the National Labor Relations Act (NLRA) or other labor laws. These practices undermine employees' rights and disrupt fair interactions among employers, employees, and unions. The National Labor Relations Board (NLRB) oversees and enforces these rules to safeguard workers from such unfair treatment.
The Role of the NLRA
The NLRA protects employees’ rights to unionize, join unions, or collectively improve their working conditions. To uphold these rights, it sets regulations for union elections, collective bargaining, and workplace interactions while prohibiting actions that infringe on employees' rights—known as unfair labor practices.
Unfair Labor Practices by Employers
Employers are prohibited from:
Interfering with Union Rights: Preventing employees from forming or joining a union through threats, interrogations, or spreading false information.
Union Domination: Attempting to control or create a labor union or providing unlawful support to any union.
Discriminatory Practices: Treating employees unfairly to encourage or discourage union membership or replacing workers striking against unfair labor practices.
Refusing Collective Bargaining: Failing to negotiate in good faith with a union representing employees.
Hot Cargo Agreements: Entering agreements with unions to avoid doing business with another employer involved in a union dispute.
Retaliation: Discharging or discriminating against employees who file complaints or testify regarding labor law violations.
Unfair Labor Practices by Unions
Unions are prohibited from:
Coercion: Threatening or intimidating employees who choose not to join a union.
Illegal Strikes or Boycotts: Engaging in strikes or other actions for unlawful purposes.
Bad Faith Bargaining: Refusing to negotiate in good faith or ignoring employer proposals.
Encouraging Discrimination: Pressuring employers to treat employees unfairly to influence union membership.
Featherbedding: Demanding payment for work not performed.
Healthcare Institution Strikes: Striking or picketing at healthcare facilities without providing proper notice to the institution and Federal Mediation and Conciliation Service.