All Items: Unfair Labor Practices

  • Manufacturer's Anti-Union Messages in Meetings Support Unfair Labor Practice Charges

    April 5, 2018

    The 2nd Circuit Court of Appeals has upheld National Labor Relation Board findings that an aluminum manufacturer committed multiple unfair labor practices before and after a union election. However, the court denied enforcement of a bargaining order issued to remedy the ULPs, ruling that the Board did not fully take into account events occurring between the time of the unfair labor practices and its order.

  • Class Action Waivers in Arbitration Agreements Violate NLRA, 7th Circuit Rules

    June 1, 2016

    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.

About This Category

News: HR guidance and support on unfair labor practices including interfering with, coercing or restraining employees in the exercise of their NLRA rights.