4 Common Unfair Labor Practices By Employers (& How to Prevent Them)

Most employers are probably versed with the phrase “unfair termination”, but may not fully understand the phrase “unfair labor practices” and what these actually mean. Unfair labor practices, often referred to as “ULPs”, are specific violations as outlined under The National Labor Relations Act (NLRA).

Generally speaking, this federal act gives employees the right to band together to improve working conditions, terms, or other aspects of their employment agreements. This includes forming unions, joining unions, collective bargaining, and holding union elections, to name a few activities.

There are several general categories of ULPs employers can commit under the NLRA. Here we’ll take a closer look at examples of unfair labor practices by employers and what you can do to prevent violations of labor laws.

1. Interference and Intrusion on Union Activity

Employers aren’t legally supposed to interfere with their employees’ right to organize, assist, or join a union. Sometimes workers may also participate in protected concerted activities (PCAs) which is when two or more individuals combine efforts to improve working conditions.

As an employer, you can’t apply wrongful pressure on your employees to either resign or join a union. This includes promising money or other assets to employees to “bribe” them to not apply for or resign from union membership.

2. Refusal to Bargain in Good Faith with Labor Organizations

If a labor organization is certified as the bargaining agent, then an employer must allow a bargaining relationship in good faith with a labor organization. If information is requested for collective bargaining and an employer doesn’t adhere to the request (so long as the information is relevant), this can lead to non-compliance with the NLRA. This charge can only be filed by a labor organization. Individuals cannot file an employer complaint about this violation.

3. Discrimination and Retaliation

Under the law, you cannot discriminate or treat employees unequally towards their coworkers for engaging in labor organization activities. Unfair treatment of employees can include but isn’t limited to, excluding workers from meetings or trips, firing employees, offering unequal pay for the same job, engaging in verbal abuse or offensive comments, or denying specific benefits to employees.

The NLRA stipulates employers cannot discriminate or retaliate against employees for engaging in union activity. Employers who violate this section of the NLRA usually frame their actions as discipline or termination by giving a pretextual reason.

However, if found in violation, an employer can suffer consequences. Additionally, employers cannot discriminate or retaliate against employees if they file charges with the National Labor Relations Board (NLRB) or give assistance to the NLRB (e.g. provide testimony).

4. Set Up or Dominate Unions

The NLRA also prohibits employers from setting up and/or operating their own unions internally. This violation isn’t as common as it once was in 1935 when the NLRA was designed and passed by the U.S. government, but it is still a violation under the law. What employers might still do is provide illegal assistance or try to dominate a labor union – this is in direct violation of the NLRA.

How to Prevent Violations in Your Workplace

To avoid having charges filed against you and suffering the consequences of unfair labor practices, it’s important to strive to maintain compliance with the NLRA. The following four actions can go a long way toward avoiding legal conflicts with employees.

• Avoid making any kind of threats or taking action that can be perceived as punishments against employees who support unions or unionization. This includes termination, transfers, demotions, pay cuts, or insinuating a facility will be closed.
• Don’t make promises or offer to give perks to employees in exchange for them refusing to support or vote against a union.
• Never interrogate employees regarding unionization efforts or activities the union engages in; avoid discussing union business altogether with them or asking their opinions regarding union business.
• Don’t engage in spying, photographing, or otherwise doing surveillance on employees when they are engaged in union activities.

Keep in mind unfair labor practices by unions are also illegal under the law. They cannot coerce or otherwise bully employees into submission to support them.

LaborSoft Keeps Labor & Union Relationships Organized. Contact Us Today!

LaborSoft is designed to empower employers to keep their labor relations files orderly and help them remain in compliance. We’re happy to schedule a customized demonstration of our software and how it can be integrated into your processes. Contact us today!