May an employer file an unfair labor practice against a union?
Author: Jed L. Marcus, Bressler, Amery & Ross, P.C.
Yes. The National Labor Relations Act prohibits a union from engaging in certain conduct. For example, a union, just like an employer, must bargain in good faith during the collective bargaining process. A union may not force an employer to recognize it as the bargaining representative if it does not possess proven support of a majority of employees. A union is also prohibited from engaging in secondary boycotts, causing an employer to pay for services that are not performed, picketing an employer for recognition or organizational purposes, or entering into a hot cargo agreement with an employer. A hot cargo agreement is where a neutral employer agrees to cease or refrain from using, selling, transporting, and dealing in any of the products of an employer that the union has labeled as unfair.