Unfair Labor Practices

Certain management or union practices, called unfair labor practices (ULPs), are illegal.

Both management officials and union representatives can commit ULPs.

Examples of ULPs committed by management officials include:

• Improperly encouraging or discouraging membership in a union

• Retaliating against an employee for filing a grievance

• Refusing to negotiate in good faith with the union

• Speaking to a union officer in a demeaning manner in the presence of employees

• Bypassing the union by negotiating with the employees directly

• Threatening the union

• Disciplining an employee without allowing a union representative to be present when requested by the employee

• Attendance by management at a union meeting

• Interrogating employees about filing a ULP

• Disciplining a union steward while not disciplining another employee equally culpable

• Sponsoring, controlling or assisting a union

• Failing or refusing to cooperate in impasse procedures or decisions

• Enforcing a rule or regulation which conflicts with a preexisting CBA

Examples of ULPs committed by the union include:

• Calling strikes or work slowdowns

• Hindering an employee's work performance

• Discriminating regarding union membership on the basis of race, creed, color, sex, age, handicap, marital status, national origin or political affiliation

The Federal Labor Relations Authority investigates ULPs.

If the Federal Labor Relations Authority believes that a ULP was committed, it will issue a complaint against the offending party. The complaint is heard by an administrative law judge who determines whether a ULP was committed and the appropriate remedy.