Define: Unfair Labor Practices

Unfair Labor Practices (ULPs) refer to actions that violate the National Labor Relations Act (NLRA) and are carried out by either employers or labor organisations. ULPs can be categorized into three groups: those committed by employers, those committed by labor organisations, and those resulting from the joint efforts of employers and labor organisations. Employers commit ULPs when they interfere with employees’ rights to organize, discriminate against workers based on their union activity, or fail to engage in good faith bargaining with the union. On the other hand, labor organisations commit ULPs when they restrict or coerce employees while they exercise their rights or establish illegal union security agreements. In response to ULPs, the National Labor Relations Board has the authority to order the responsible party to cease and desist from their unlawful actions and may also provide compensation to individual employees who have been harmed by the ULP.

Unfair Labor Practices (ULPs) refer to actions that employers or labor organisations take, which go against the National Labor Relations Act (NLRA). The NLRA categorises ULPs into three sections: ULPs committed by employers (Section 8(a)), ULPs committed by labor organisations (Section 8(b)), and ULPs resulting from combined activity of employers and labor organisations (Section 8(c)). Employers commit ULPs when they interfere with employees’ rights to organize, form, join, or assist a labor organisation. Examples of ULPs by employers include threatening employees with job loss or loss of benefits if they join or vote for a union, discriminating against employees based on their union activity, punishing employees for filing charges with the Labor Board, and refusing to bargain collectively in good faith with the union. These actions violate Section 8(a) of the NLRA, which prohibits employers from interfering with employees’ concerted activity. On the other hand, labor organisations commit ULPs when they restrain or coerce employees as they exercise their Section 7 rights, such as the right to refrain from concerted activity. Examples of ULPs by labor organisations include making or enforcing illegal union security agreements or hiring agreements that make union membership a condition of employment, causing employers to discriminate against employees based on their union activity, and not bargaining in good faith with the employer. These actions violate Section 8(b) of the NLRA, which prohibits labor organisations from restraining or coercing employees in the exercise of their rights. If an employer or labor organisation commits a ULP, the National Labor Relations Board (NLRB) has the authority to order them to stop the illegal behaviour. In cases where individual employees are harmed by a ULP, the NLRB may order the employer to compensate the employee through reinstatement, payment of lost wages and benefits, and seniority credits. However, these remedies do not cover losses resulting from wage loss, such as the inability to make car or home payments. Additionally, the NLRB may require parties found guilty of ULPs to post a notice informing workers of the Board’s decision. Overall, ULPs are actions that violate the NLRA and can lead to legal consequences for employers or labor organisations. It is crucial for both parties to understand their rights and responsibilities under the NLRA to avoid committing ULPs.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.