What Constitutes an Unfair Labor Practice Charge?

Unfair labor practices (ULPs) are actions by employers or unions that violate the rights protected by labor laws. Employees have the right to organize, bargain collectively, and participate in labor organizations without fear of reprisal. ULPs can include interference, restraint, or coercion of employees in the exercise of these rights, refusal to bargain in good faith, discrimination against employees based on union activity, and retaliation against employees for filing charges or participating in investigations.

Filing ULP Charges

Individuals, unions, or employers can file ULP charges with the appropriate labor relations board or agency. The National Labor Relations Board (NLRB) is responsible for enforcing the National Labor Relations Act (NLRA) in the private sector, while the Federal Labor Relations Authority (FLRA) enforces the Federal Service Labor-Management Relations Statute (FSLMRS) in the federal government.

Types of ULP Violations

ULP charges can involve various violations, including:

• InterferenceActions that interfere with employees’ rights to organize or participate in union activities, such as threats, surveillance, or interrogation.
• Restraint or CoercionActions that restrain or coerce employees in the exercise of their rights, such as threats of reprisal or promises of benefits.
• Refusal to BargainAn employer’s refusal to bargain in good faith with a union that represents its employees.
• DiscriminationDiscrimination against employees based on their union membership or activity, such as hiring, firing, or promoting decisions.
• RetaliationRetaliation against employees for filing ULP charges or participating in investigations, such as discipline or termination.

Investigation Process

Once a ULP charge is filed, it is investigated by board agents who gather evidence and may take affidavits from parties and witnesses. The findings are evaluated by the Regional Director, and in certain cases, reviewed by attorneys at the division of advice.

Settlement and Complaints

If the investigation finds sufficient evidence to support the charge, efforts are made to facilitate a settlement between the parties. If no settlement is reached, a complaint detailing the alleged violations is issued.

Hearings and Representation

The issuance of a complaint leads to a hearing before an administrative law judge, unless there is a settlement. The NLRB becomes a representative for the charging party throughout the settlement discussions and the board process.

Remedies

The NLRB can seek remedies such as reinstatement and backpay for discharged workers, as well as informational remedies like posting notices promising not to violate labor laws. However, the NLRB cannot assess penalties.

Temporary Injunctions

In cases where rights have been violated, the Regional Director may petition the appropriate U.S. District Court for temporary injunction orders to restore the status quo. These injunctions can require parties to return to bargaining, reinstate unlawfully discharged employees, or stop unlawful subcontracting of union jobs.

Appeals

Decisions to dismiss a charge can be appealed to the Office of Appeals within a specific timeframe. The Office reviews all documents in the case and significant cases may be presented for General Counsel review.

Sources

• Unfair Labor Practice | FLRA
• Unfair Labor Practice Charges Filed Each Year | NLRB
• Investigate Charges | NLRB

FAQs

What is an unfair labor practice (ULP)?

• A ULP is an action by an employer or union that violates the rights protected by labor laws, such as the right to organize, bargain collectively, and participate in labor organizations.

Who can file a ULP charge?

• Individuals, unions, or employers can file ULP charges with the appropriate labor relations board or agency.

What are some examples of ULPs?

• Examples of ULPs include interference with employees’ rights to organize or participate in union activities, refusal to bargain in good faith, discrimination against employees based on union activity, and retaliation against employees for filing charges or participating in investigations.

What happens after a ULP charge is filed?

• The charge is investigated by board agents who gather evidence and may take affidavits from parties and witnesses. The findings are evaluated by the Regional Director, and in certain cases, reviewed by attorneys at the division of advice.

What if the investigation finds sufficient evidence to support the charge?

• If the investigation finds sufficient evidence, efforts are made to facilitate a settlement between the parties. If no settlement is reached, a complaint detailing the alleged violations is issued.

What happens after a complaint is issued?

• The issuance of a complaint leads to a hearing before an administrative law judge, unless there is a settlement. The NLRB becomes a representative for the charging party throughout the settlement discussions and the board process.

What remedies can the NLRB seek?

• The NLRB can seek remedies such as reinstatement and backpay for discharged workers, as well as informational remedies like posting notices promising not to violate labor laws.

Can I appeal a decision to dismiss a ULP charge?

• Yes, decisions to dismiss a charge can be appealed to the Office of Appeals within a specific timeframe. The Office reviews all documents in the case and significant cases may be presented for General Counsel review.