Overview: The National Labor Relations Act (NLRA) prohibits employers and unions from engaging in numerous unlawful actions, known as unfair labor practices. Avoiding these unfair labor practices is part of the labor management process.
An employer commits an unfair labor practice if it:
A union commits an unfair labor practice if it:
Neither party can require a clause that discriminates against individuals on the basis of race, sex, religion, disability or any other category protected by law.
If a union or an employer believes that an unfair labor practice has been committed, it must file an unfair labor practice charge with the National Labor Relations Board (NLRB). The NLRA contains procedures for investigating, prosecuting, hearing, finding, dismissing, remedying and enforcing solutions to unfair labor practices filed with the NLRB.
Trends: All employees are guaranteed the right to engage in protected concerted activity whether or not they belong to a union.
This means they may work together to present an issue to their employer concerning their wages, benefits, or terms and conditions of employment and an employer may not terminate them for this activity. In the new age of social media, this has become an increasingly important protection.
Even though social media postings may be read by persons beyond an individual's co-workers, the posting still may constitute protected concerted activity under the NLRA.
The NLRB has also recently ruled employers may violate the NLRA with an across the board prohibition against the discussion of internal investigations with co-workers. While the need for confidentiality may be paramount (i.e., evidence is at risk of being destroyed or a witness needs protection), employers may now need to argue confidentiality was "necessary."
Author: Melissa Boyce, JD, Legal Editor
Updated to reflect developments regarding the state's 'right to work law'.
Updated to reflect development relating to the resolution of an impasse between the state and bargaining units of state employees, effective July 1, 2017.
Updated to include information on NLRB decision revising the backpay formula for compensating employees found to have been unlawfully terminated.
The 7th Circuit Court of Appeals has ruled, in Lewis v. Epic-Systems Corp., 2016 U.S. App. LEXIS 9638 (7th Cir. 2016), that a health care software company's arbitration agreement violates the right of employees to engage in protected concerted activity under the National Labor Relations Act (NLRA) by barring them from participating in or pursuing wage-and-hour class action or collective claims. Because the ruling deepens a split among the circuits on this issue, it could lead to an eventual review by the Supreme Court to resolve the inconsistency.
This section helps HR professionals understand that the National Labor Relations Act prohibits employers and union employees from engaging in certain unlawful activities, known as unfair labor practices. In addition, this section also explains how the National Labor Relations Board investigates, prosecutes and remedies charges of unfair labor practices.
As mandated by the National Labor Relations Board, a party to a representation proceeding seeking to file an unfair labor practice charge and block a petition must file this form.
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This podcast takes you inside the Supreme Court for coverage of the closely watched NLRB v. Noel Canning case. The stakes are high for employers because the case could place hundreds of NLRB rulings in doubt. Also featured is a conversation with XpertHR Legal Editor Melissa Boyce about other notable labor law issues to watch for in 2014.
HR guidance and support on unfair labor practices including interfering with, coercing or restraining employees in the exercise of their NLRA rights.