In the National Labor Relations Act (NLRA) and other labor laws, unfair labor practices are actions taken by companies or unions that are illegal. A few of these rules govern workplace interactions between employers and unions; others provide protection to individual employees from unfair treatment. Several common unfair labor practice claims are discussed in this article.
Defining Unfair Labor Practices
By forming a union or joining a union, employees are given the right to improve their employer’s conditions through collective action. The NLRA outlines the rules for union elections, collective bargaining, and more in order to uphold these rights.
A number of actions are also prohibited by the NLRA that would interfere with these employee rights or with the delicate balance struck between unions and employers that is created by the NLRA. The NLRA calls these “unfair labor practices”.
How do Employers use Unfair Labor Practices?
Under the NLRA, employers are prohibited from:
- Engaging in protected, concerted activities or preventing an employee from organizing, joining, or assisting a union. Union-related conversations between employees must be treated in the same way that any other discussion unrelated to work would be: Employers may not impose special rules that target communications about unions or workplace complaints about disciplinary action.
- The act of dominating or supporting a union illegally. A company may not form its own union (a company union or sham union) or refuse to cooperate with any labor organization. The National Labor Relations Board (NLRB) examines all of the factual information to evaluate whether an employer wrongfully commands a particular workplace group, including who started the group, whether the employer played a role in organizing the group and determining how it would function, whether management attends meetings or otherwise sets the agenda, the group’s purpose, and how the group makes decisions.
- Discrimination against employees in order to encourage or discourage the membership of a labor union, or replacing striking workers in order to protect unfair labor practices.
- A company retaliates against a worker for contacting the NLRB or giving evidence to it.
- Engaging in unfair collective bargaining.
- Working with a union on a hot cargo agreement. An employer and a union enter into a hot cargo agreement in which the employer promises not to do business with any other employer with whom the union is in a dispute.
How do Unions use Unfair Labor Practices?
By law, unions are prohibited from:
- Exercising the right of employees not to support a union by restricting or coercing them (for example, by threatening employees who do not wish to join the union or by dismissing them for crossing an illegal picket line.
- Having a manager insist on only meeting with a particular manager, or declining to negotiate with the representative the employer chooses, as a means of restraining or coercing an employer.
- Inducing or attempting to induce employment discrimination in order to encourage or discourage employee union membership (e.g., persuading an employer to penalize employees who engage in anti-union activity)
- Disregarding the employer’s proposals in good faith (for example, refusal to come to the bargaining table).
- Coercive actions, such as strikes or boycotts, are undertaken unlawfully.
- Overcharging or discriminating against members.
- Finding a way to get an employer to pay for work that was not performed. Also known as featherbedding.
- An unapproved union pickets or threatens to picket an employer if the employer refuses to recognize or bargain with the union or if the workers refuse to accept the union as their representative. If (1) one other union already represents the employees, (2) a legitimate representation election was held in the previous year, or (3) the union does not submit a petition for an election with the NLRB within 30 days after the picketing begins,
- Hot cargo agreements (explained above).
- Strikes, pickets, or other acts of collective labor action without prior notice to the institution and the Federal Mediation and Conciliation Service.
What To Do Next?
Unfair labor practices may be reported to the NLRB by an employer, employee, or union. Complaints must be filed within six months after the incident. NLRA claims may be enforced only through the NLRB, and not by private suit. Employment Lawyer at Siman Law Firm can assist you in further understanding the unfair labor practices.