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Simple English definitions for legal terms

Unfair Labor Practices (ULPs)

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A quick definition of Unfair Labor Practices (ULPs):

Unfair Labor Practices (ULPs) are actions taken by employers or labor organizations that violate the National Labor Relations Act (NLRA). There are three categories of ULPs: those committed by employers, those committed by labor organizations, and those resulting from combined activity of employers and labor organizations. Employers commit ULPs when they interfere with employees' rights to organize, discriminate against workers because of union activity, or fail to bargain in good faith with the union. Labor organizations commit ULPs when they restrain or coerce employees as they exercise their rights or make illegal union security agreements. The National Labor Relations Board can order the guilty party to cease and desist from the illegal behavior and may order compensation for individual employees who were injured by the ULP.

A more thorough explanation:

Unfair Labor Practices (ULPs) are actions taken by employers or labor organizations that violate the National Labor Relations Act (NLRA). There are three categories of ULPs under Section 8 of the NLRA:

  • ULPs of employers (Section 8(a))
  • ULPs of labor organizations (Section 8(b))
  • ULPs resulting from combined activity of employers and labor organizations (Section 8(c))

Employers commit ULPs when they interfere with employee rights to organize, form, join, or assist a labor organization. Examples of ULPs of employers include:

  • Threatening to take away an employee's job or benefits if they join or vote for a union
  • Discriminating against an employee because of their union activity
  • Punishing an employee for filing charges with the Labor Board
  • Refusing to bargain collectively in good faith with the union

These actions violate Section 8(a) of the NLRA, which prohibits employers from interfering with employees as they engage in concerted activity.

Labor organizations commit ULPs when they restrain or coerce employees as they exercise their Section 7 rights, such as the right to refrain from concerted activity. Examples of ULPs of labor organizations include:

  • Making or enforcing illegal union security agreements or hiring agreements which make membership in a union a condition of employment
  • Causing an employer to discriminate against an employee because of their union activity
  • Not bargaining in good faith with the employer

These actions violate Section 8(b) of the NLRA, which prohibits labor organizations from restraining or coercing employees as they exercise their rights.

If an employer or labor organization commits a ULP, the National Labor Relations Board (NLRB) can order them to cease and desist from the illegal behavior. If an individual employee is injured by a ULP, the NLRB may order the employer to compensate the employee with reinstatement, pay of lost wages and benefits, and seniority credits. However, remedies do not include losses that may result from the loss of wages, such as the inability to make payments on a car or home. The NLRB may also order parties guilty of ULPs to post a notice informing workers of the Board's decision.

Overall, ULPs are actions that violate the NLRA and can result in legal consequences for employers or labor organizations. It is important for both parties to understand their rights and responsibilities under the NLRA to avoid committing ULPs.

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