Legal Definitions - Unfair Labor Practices (ULPs)

Unfair Labor Practices (ULPs) are actions taken by either employers or labor organizations (unions) that violate the rights of employees or employers under the National Labor Relations Act (NLRA). The NLRA is a federal law that protects the rights of most private-sector employees to organize, form, join, or assist a union, to bargain collectively through representatives of their own choosing, and to engage in other protected concerted activities, or to refrain from any of these activities.

ULPs are broadly categorized into actions committed by employers and actions committed by unions:

• Employer Unfair Labor Practices: These are actions by an employer that interfere with employees' rights to organize or engage in union activities. Examples include:

  • Interfering with, restraining, or coercing employees in the exercise of their rights (e.g., threatening job loss for union support).
  • Dominating or interfering with the formation or administration of any labor organization, or contributing financial or other support to it.
  • Discriminating against employees to encourage or discourage union membership (e.g., firing someone for union activity).
  • Discharging or otherwise discriminating against an employee because they have filed charges or given testimony under the NLRA.
  • Refusing to bargain in good faith with the union about wages, hours, and other terms and conditions of employment.

• Union Unfair Labor Practices: These are actions by a labor organization that restrain or coerce employees or employers in the exercise of their rights. Examples include:

  • Restraining or coercing employees in the exercise of their rights (e.g., threatening employees who don't want to strike).
  • Causing or attempting to cause an employer to discriminate against an employee to encourage or discourage union membership.
  • Refusing to bargain in good faith with an employer.
  • Engaging in certain types of strikes or boycotts.
  • Charging excessive or discriminatory initiation fees or dues under a union security agreement.

When a ULP is found, the National Labor Relations Board (NLRB) can order remedies such as requiring the offending party to stop the illegal behavior, reinstating employees who were wrongfully terminated, awarding back pay for lost wages and benefits, or ordering the parties to bargain in good faith.

Here are some examples illustrating Unfair Labor Practices:

• Example 1: Employer Interfering with Union Organizing

  Scenario: A small manufacturing company learns that several employees are discussing forming a union. The company's owner then holds a mandatory meeting where he announces that if a union is formed, he will have to close the plant and move operations overseas, even though there are no actual plans or financial reasons to do so. He also starts closely monitoring and disciplining employees who were seen talking about the union, while ignoring similar conduct from other employees.

  Explanation: The owner's threat to close the plant is an illegal attempt to coerce employees into abandoning their organizing efforts. His selective discipline against union supporters constitutes discrimination designed to discourage union activity. Both actions are Unfair Labor Practices by the employer because they interfere with employees' protected right to organize.

• Example 2: Union Refusing to Bargain in Good Faith

  Scenario: After successfully organizing and being certified as the bargaining representative for a group of hospital nurses, a union begins negotiations with the hospital management. During several months of meetings, the union representatives consistently refuse to consider any of the hospital's proposals, even reasonable ones, and instead repeatedly insist on a single, extreme demand for a 25% across-the-board wage increase, stating they will not budge from this position under any circumstances. They also frequently cancel scheduled bargaining sessions without valid reasons.

  Explanation: While unions can advocate strongly for their members, a blanket refusal to consider any proposals from the employer, coupled with an inflexible "take it or leave it" stance on a single demand and repeated cancellations, can be seen as a failure to bargain in good faith. This would constitute an Unfair Labor Practice by the union, as both sides are legally required to make a sincere effort to reach an agreement.

• Example 3: Employer Discriminating Based on Union Activity

  Scenario: A retail chain implements a new performance review system shortly after a union organizing campaign begins at one of its stores. An employee who was a vocal supporter of the union, and who previously had excellent performance reviews, suddenly receives a "needs improvement" rating under the new system. This rating leads to their termination, despite other employees with similar or worse performance records not being disciplined or fired. The company cannot provide clear, objective reasons for the sudden drop in the employee's performance rating or the decision to terminate.

  Explanation: The timing of the new review system, the sudden negative review for a previously high-performing union supporter, and the inconsistent application of disciplinary actions strongly suggest that the employer is discriminating against the employee because of their union activity. This would be an Unfair Labor Practice by the employer, as it punishes an employee for exercising their protected rights.