Legal Definitions - unfair labor practice

An unfair labor practice refers to any action taken by an employer or a labor union that violates specific state or federal laws designed to protect the rights of employees, employers, and unions in the workplace. These laws aim to ensure fair conduct and a balanced relationship in labor relations, particularly regarding employees' rights to organize, bargain collectively, and engage in other protected activities, as well as employers' rights to operate their businesses without unlawful interference.

Examples of unfair labor practices include:

• Employer Interference with Union Organizing: A company's management learns that some employees are discussing forming a union. To discourage this, the company begins holding mandatory "information sessions" during work hours where managers present misleading or intimidating information about unions, implying that unionization would lead to job losses or reduced benefits. Simultaneously, the company prohibits employees from discussing union matters during breaks or in non-work areas, even though other non-work discussions are generally permitted.

  Explanation: This constitutes an unfair labor practice by the employer. The company is interfering with the employees' protected right to organize and engage in union activities. While employers can express their views, they cannot coerce, threaten, or make promises to influence employees' union decisions, nor can they selectively restrict discussions about unions while allowing other non-work conversations.

• Union Refusal to Bargain in Good Faith: After a union has been legally recognized as the bargaining representative for a group of employees, the union leadership consistently arrives unprepared for negotiation meetings with the employer, frequently changes its demands without explanation, and refuses to consider any counter-proposals from the employer, stating they will only accept their initial, extreme demands.

  Explanation: This is an unfair labor practice by the labor union. Both employers and unions have a legal obligation to bargain in good faith over wages, hours, and other terms and conditions of employment. The union's actions—lack of preparation, arbitrary changes in demands, and outright refusal to consider counter-proposals—demonstrate a failure to engage in genuine collective bargaining, which violates labor laws.

• Employer Retaliation for Protected Activity: An employee files a complaint with a government labor agency regarding unsafe working conditions at their factory. Shortly after the agency begins an investigation, the employee is suddenly transferred to a less desirable, lower-paying position, despite having a strong performance record and no prior disciplinary issues. The employer claims the transfer is due to "restructuring," but no other employees in similar roles were affected.

  Explanation: This would likely be considered an unfair labor practice by the employer. Employees have a protected right to report workplace violations or participate in investigations without fear of reprisal. The employer's action of transferring the employee to a worse position immediately after they engaged in a protected activity strongly suggests retaliation, which is prohibited by labor laws.