Unfair Labor Practice
What does "Unfair Labor Practice" mean in law?
An unfair labor practice (ULP) is conduct by an employer or a labor union that violates the rights established under the National Labor Relations Act. Employer ULPs, enumerated in Section 8(a), include interfering with employees' Section 7 rights to organize, dominating or assisting a labor organization, discriminating against employees for union activity, retaliating against employees who file charges, and refusing to bargain in good faith with a certified union. Union ULPs under Section 8(b) include restraining employees in the exercise of their rights, causing an employer to discriminate against employees, refusing to bargain in good faith, and engaging in secondary boycotts. The NLRB has exclusive initial jurisdiction to adjudicate ULP charges and may issue cease-and-desist orders and affirmative remedies such as reinstatement with back pay.
Definition
An unfair labor practice (ULP) is conduct by an employer or a labor union that violates the rights established under the National Labor Relations Act. Employer ULPs, enumerated in Section 8(a), include interfering with employees' Section 7 rights to organize, dominating or assisting a labor organization, discriminating against employees for union activity, retaliating against employees who file charges, and refusing to bargain in good faith with a certified union. Union ULPs under Section 8(b) include restraining employees in the exercise of their rights, causing an employer to discriminate against employees, refusing to bargain in good faith, and engaging in secondary boycotts. The NLRB has exclusive initial jurisdiction to adjudicate ULP charges and may issue cease-and-desist orders and affirmative remedies such as reinstatement with back pay.
Example
A factory manager who threatens to close the plant if workers vote to unionize has committed an unfair labor practice by interfering with employees' Section 7 right to organize.