Examples Of Unfair Labor Practices And How To Deal With Them

There should always be a stable balance between employee rights and an employer’s rights. The National Labor Relations Act(NLRA) often tries its best to maintain the balance. However, the NLRA does not require employees or workers to have unions, but it does permit the engagement of concerted activity for the improvement of employment conditions. 

Such activities can range from forming a union, joining an association, or engaging in other collective activities. You should know that the NLRA has put a limit on unions. Apart from NLRA’s regulations and limitations, certain unfair labor practices should not be tolerated. One should contact an employment attorney norfolk va if they need legal assistance in dealing with unfair labor practices. 

 Standard unfair labor practices: 

  1. Each employee has the right to organize, join, or assist a union. Similarly, every employee can engage in protected and concerted activities. However, employers cannot interfere with employees’ right to engage in different activities. An employer should not make special rules that discourage communications related to the workplace, unions, or grievances for disciplinary treatment. 
  2. The NLRA also prohibits employers from creating a company or sham union. The employer cannot interfere with or dominate any labor organization. Similarly, overlooking or providing illegal assistance to encourage a labor union is also prohibited by the NLRA. 
  3. The NLRA firmly stands against and prohibits employers from discriminating against employees for encouraging or discouraging them from supporting a labor organization. The employer cannot replace a worker trying to protect other workers from unfair labor practices. 
  4. An employer cannot retaliate against any employee for filing a charge with or providing testimony to the NLRB. Lastly, an employer cannot refuse to engage employees in good faith collective bargaining. 
  5. The employer will likely be prohibited from making a hot cargo agreement with a union or a labor organization. For people unaware of the term, a hot cargo agreement is a type of arrangement between an employer and a union or a labor organization within which the employer assures to stop doing business with other employers, generally one with whom the association has a dispute or issue. 

The above-listed scenarios were some of the common examples of union labor practices. The most effective way to deal with union labor practice is to file a charge with the NLRB. If a worker, employer, or union feels that an unfair labor practice has been perpetrated, they can report it to the NLRB. 

You must file a charge within six months of the incident. Also, the NLRA can only be implemented or enforced through the NLRB. Private lawsuits cannot enforce the latter.