Unfair Labor Practices Under the Law under Employment Law
What Are Unfair Labor Practices (ULPs)?
Unfair Labor Practices are actions by employers, unions, or others that violate workers’ rights under labor laws—particularly the National Labor Relations Act (NLRA) for private-sector employees.
ULPs undermine employees' rights to organize, bargain collectively, and engage in concerted activities for mutual aid or protection.
Legal Framework
Primary law:
National Labor Relations Act (NLRA) of 1935 (also called the Wagner Act) covers most private-sector employees.
Labor Management Relations Act (LMRA) or Taft-Hartley Act of 1947 added provisions limiting union powers and added ULPs by unions and employers.
Public sector employees are covered by state laws or other statutes (like the Federal Service Labor-Management Relations Statute).
The National Labor Relations Board (NLRB) is the federal agency that investigates and remedies ULPs in the private sector.
Common Types of Unfair Labor Practices
By Employers:
Interference, restraint, or coercion of employees in exercising their rights to organize or bargain collectively.
Example: Threatening workers if they join a union.
Dominating or interfering with the formation or administration of a labor organization.
Example: Employer setting up a company union.
Discrimination against employees for union activity or filing charges with the NLRB.
Example: Firing or demoting someone for union organizing.
Refusal to bargain collectively with the representatives of employees.
Example: Employer refuses to meet with union leaders for contract talks.
By Unions:
Restraining or coercing employees in exercising their rights regarding union membership.
Example: Forcing workers to join the union or punish non-members.
Causing or attempting to cause an employer to discriminate against employees for their labor rights.
Example: Pressuring an employer to fire a non-union worker.
Refusal to bargain collectively in good faith with an employer.
Example: Union refuses to meet or negotiate contracts.
Engaging in strikes or picketing in violation of contract terms or law.
Example: Secondary boycotts or jurisdictional strikes prohibited under NLRA.
How ULPs Are Handled
Filing a Charge: Employees, unions, or employers can file a charge with the NLRB alleging a ULP.
Investigation: NLRB investigates complaints and may hold hearings.
Remedies: If a ULP is found, the NLRB can order remedies such as reinstatement of fired workers, back pay, or bargaining orders.
Enforcement: Courts enforce NLRB orders and can impose penalties.
Examples of ULP Cases
Employer firing employees for organizing a union.
Union threatening workers who refuse to join or pay dues.
Employer refusing to provide relevant information during bargaining.
Union refusing to negotiate contract terms in good faith.
Key Takeaways
ULPs protect workers’ rights to organize and participate in collective bargaining.
Both employers and unions can commit ULPs under the law.
The NLRB is the main body enforcing ULP laws in the private sector.
Remedies aim to restore rights and undo harm from illegal labor practices.
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