Five favorite union unfair labor practices
✅ Ask Us: “What campaign ULPs are frequently filed against employers?” sent by Angel Dalston, student, University of Florida.
An excerpt from “Anticipate!” ©️written by Thornton Mason.
“The top five complaints filed (in my experience) by unions against employers include:
1. Interference with employees' rights to engage in concerted activity - Employers almost always get accused of violating employees' rights to organize, form a union, or engage in ‘other collective actions for mutual aid or protection’ under the NLRA. It is a page out of the organizing playbook.
Remember, actions such as threatening or disciplining employees for engaging in union activity, interrogating employees about their union sympathies, or promising benefits to discourage unionization are prohibited.
2. Discrimination against union members or supporters - Employers are also being charged with discriminating against employees who support or engage in union activities. Refusing to hire union members, transferring or demoting union supporters, or giving preferential treatment to non-union employees are violations of the Act.
3. Failure to bargain in good faith - We see this a lot after an election is won by the union. When an employer is required to negotiate with a union or other employee representative, they get accused of failing to bargain in good faith. Unions often charge that the employer is refusing to meet or negotiate, or is changing terms and conditions of employment unilaterally, or failing to provide requested information relevant to bargaining.
4. Retaliation against employees - Employers get accused of retaliating against employees for engaging in protected concerted activity. Retaliatory actions such as firing, demoting, or otherwise punishing employees who file a complaint or engage in other legally protected activity is prohibited.
5. Unlawful surveillance or coercion - An emerging area for complaints due to tech in the workplace. Employers are accused of engaging in surveillance or coercive tactics that interfere with employees' rights to engage in concerted activity. Popular claims include monitoring union activity, micro managing employee productivity, threatening or intimidating employees, and thus creating a hostile work environment.
Note: These are the more frequent unfair labor practice complaints. The specific circumstances of each case vary. But there are lessons to be learned by these categories. Anticipate receiving these ULPs as a marketing ploy. Train your spokespeople to use caution and avoid falling into the ULP traps.
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