what is usually considered to be an unfair labor practice? course hero

by Danielle Durgan 10 min read

An employer commits an unfair labor practice if it interferes with your right to join, organize, or help a union, your right to be involved in collective bargaining, or your right to be involved in protected concerted activities with other employees.

Full Answer

What is an example of an unfair labor practice?

Some examples of different types of unfair labor practices by employers or unfair work practices may include the following: Refusing to bargain with the representative of a labor union who is negotiating on behalf of its members (e.g., for specific rights);

How to file an unfair labor practice charge against an employer?

In order to file an unfair labor practice charge against an employer, an employee must file a complaint with their local NLRB office, which is sometimes called a “regional office.” The filing can take place either in person or online through the NLRB’s website.

What are the remedies for unfair labor practices?

Some remedies for unfair labor practices may include: Injunctive or interim injunctive relief; Back pay (e.g., wages, benefits, etc.); Reinstatement to an employee’s former position;

What is a unlawful conduct (ULP)?

A ULP is conduct by agencies or unions that violates rights that the Statute protects or the rules that it establishes. You can find more detailed information about the various ULPs and filing and responding to a ULP charge on our ULP Resources page. Also, check out our frequently asked questions about the ULP-charge process.

What qualifies as an unfair labor practice?

An unfair labor practice is an action by an employer or a union that violates the National Labor Relations Act (NLRA). The National Labor Relations Board (NLRB) has created an extensive listing of employer actions that it considers would unduly interfere with an individual employee's labor rights.

What is an unfair labor practice quizlet?

Unfair Labor Practice (ULP) Actions by employers, employees, or unions that interfere with the rights of employers, employees, or unions under the National Labor Relations Act. Employer ULPS. -Interfere with, restrain, or coerce employees in the exercise of rights guaranteed to them by Section 7.

Which of the following is an example of a union unfair labor practice?

Examples include: Refusing to process a grievance because an employee is not a union member. Threatening an employee for filing a ULP charge. Refusing to negotiate in good faith with an agency.

What portion of National Labor Relations Act addresses about the rights of employees?

Section 7Section 7 of the National Labor Relations Act (the Act) guarantees employees "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other ...

What did the Landrum Griffin Act do?

Thus, the Landrum-Griffin Act protected employees' union membership rights from unfair practices by unions, while the National Labor Relations Act protected employee rights from unfair practices by employers or unions.

What guidelines must be adhered to when an employer conducts a poll of his employees?

In addition, you must (1) communicate to employees that the purpose of the poll is to determine whether the union enjoys majority support (and that must, in truth, be your purpose); (2) give employees assurances against reprisal; and (3) conduct the poll by secret ballot.

Which of the following is the first step in a typical employee initiated grievance procedure?

Which of the following is the FIRST step in a typical employee-initiated grievance procedure? ANS: The employee discusses the grievance verbally with the supervisor.

Which of the following categories of workers is covered by the National Labor Relations Act quizlet?

The following categories of workers are covered by the National Labor Relations Act. nonsupervisory or nonmanagerial employees, including part-time workers. private sector employees.

What are ULPs in unions?

Union ULPs. A union commits a ULP when it violates rights that the Statute protects. Examples include: Refusing to process a grievance because an employee is not a union member. Threatening an employee for filing a ULP charge.

What is ULP in law?

A ULP is conduct by agencies or unions that violates rights that the Statute protects or the rules that it establishes. You can find more detailed information about the various ULPs and filing and responding to a ULP charge on our ULP Resources page.

What is the federal service labor relations law?

The Federal Service Labor-Management Relations Statute (the Statute) protects federal employees’ rights to organize, bargain collectively, and participate in labor organizations of their choosing – and to refrain from doing so.

What are the rights of an employee?

Employee Rights. Employees covered by the Statute have the right to form, join, or assist a union, or to refrain from such activity, without reprisal, including the right to: Organize, or attempt to organize, a union in the workplace. Act as a union representative. Seek union assistance.

What are the legal issues associated with unfair labor practices?

Some legal issues that may be associated with unfair labor practices include: Retaliatory discharge; Wrongful or unlawful termination; Breach of terms of collective bargaining agreement or contract; Employment discrimination or harassment; and/or. Violation of federal or state labor statutes.

What is unfair labor?

Unfair or illegal labor practices refer to any activities performed by an employer that violate federal or state labor laws. Specifically, unfair or illegal labor practices are governed by a federal statute known as the National Labor Relations Act of 1935 (“NLRA”). The act is intended to punish employers who violate its provisions as well as ...

How long does an employer have to post a notice of violation of the NLRA?

In addition, an employer that violates the NLRA may be asked by the NLRB to post a notice for a period of 60 days that states that they have been found guilty of unfair labor practices and which provides the rights of employees under the NLRA.

What happens if the NLRB finds that the employer is at fault?

If the judge for the NLRB determines that the employer is at fault, then they will impose any necessary penalties on the employer and issue the appropriate remedies to the employee. If it does not find that the employer was at fault, then they will close the case.

What are the remedies for unfair labor practices?

Some remedies for unfair labor practices may include: Injunctive or interim injunctive relief; Back pay (e .g., wages, benefits, etc.); Reinstatement to an employee’s former position; Monetary damages ( depending on the type of claim ); and/or. Expungement of an employee record (e.g., for wrongful termination, etc.).

Where to file an unfair labor practice complaint?

In order to file an unfair labor practice charge against an employer, an employee must file a complaint with their local NLRB office , which is sometimes called a “regional office.”. The filing can take place either in person or online through the NLRB’s website.

What happens if an employee does not agree with the NLRB?

If an employee does not agree with the NLRB’s decision, then they may be able to file an appeal with a different regulatory body, such as the General Counsel. In some instances, an employee may even be allowed to bring a private lawsuit against their employer in civil court.

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