Understanding Unfair Labor Practices: A Guide for HR Professionals and Exam Preparation
Elga Lejarza aPHR PHR SPHR SHRM-CP SHRM-SCP GPHR
CEO/Owner of HRTrainingClasses.com? & HRDevelop.com
Unfair labor practices (ULPs) are critical to understand for HR professionals, not only for ensuring compliance with labor laws but also for fostering a fair and equitable workplace. These practices, which are prohibited under the National Labor Relations Act (NLRA), can arise from both employers and unions, often leading to costly disputes, penalties, and damaged employee relations. As part of my commitment to supporting participants in my 6-Week Evening Online HR Certification Bootcamp, I created this article to help you prepare for your PHR, SPHR, SHRM-CP, and SHRM-SCP exams. This information is not only crucial for your exams but also invaluable in navigating the complexities of labor relations. I’m also sharing this with my LinkedIn connections to broaden awareness and encourage thoughtful discussion.
25 Employer Unfair Labor Practices (ULPs)
1. Interfering with Union Formation: Hindering or obstructing employees' efforts to form or join a union.
2. Retaliation Against Union Members: Punishing employees for joining or participating in a union.
3. Refusal to Bargain in Good Faith: Not engaging sincerely in collective bargaining with a union.
4. Surveillance of Union Activities: Spying on or closely monitoring union meetings and activities.
5. Creating Company Unions: Forming employer-controlled unions to undermine independent unions.
6. Discrimination in Hiring: Refusing to hire someone because of their union membership or activities.
7. Unfair Labor Practice Strikes: Firing or disciplining employees for participating in a legally protected strike.
8. Changing Conditions Without Consultation: Altering work conditions without discussing with the union.
9. Bypassing the Union: Dealing directly with employees on issues that should be addressed through the union.
10. Spreading Anti-Union Propaganda: Using company resources to distribute materials that discourage union membership.
11. Threatening Closure in Response to Unionizing: Threatening to close or relocate the workplace if employees unionize.
12. Punishing Sympathy Strikes: Penalizing employees for participating in strikes in support of other unionized workers.
13. Refusing to Process Grievances: Failing to address or process grievances brought forward by the union.
14. Interfering with Union Elections: Influencing or manipulating the outcome of union elections.
15. Promising Benefits: Offering incentives to dissuade employees from unionizing.
16. Spying on Union Activity: Monitoring or surveilling union meetings or discussions.
17. Unilateral Changes: Altering terms and conditions of employment without consulting the union.
18. Misclassification of Employees: Intentionally labeling employees as independent contractors to deny labor law protections.
19. Restricting Union Representation: Limiting access to union representatives during grievance or disciplinary meetings.
20. Questioning Employees: Coercively interrogating employees about union activities or preferences.
21. Restricting Union Materials: Prohibiting employees from distributing union literature in non-work areas during non-work hours.
22. Issuing Rules Targeting Unions: Implementing policies aimed specifically at deterring union activity.
23. Closing Facilities: Shutting down operations to retaliate against union efforts.
24. Constructive Discharge: Creating unbearable working conditions to force union supporters to quit.
25. Denial of Representation: Blocking employees from having union representatives during investigatory interviews.
25 Union Unfair Labor Practices (ULPs)
1. Coercion: Forcing employees to join or support the union.
2. Discrimination Against Non-Members: Denying representation or benefits to employees who opt out of union membership.
3. Secondary Boycotts: Encouraging strikes or boycotts against companies not directly involved in the labor dispute.
领英推荐
4. Refusal to Bargain in Good Faith: Failing to negotiate with the employer in a constructive manner.
5. Excessive Dues: Imposing fees that are disproportionate or unrelated to union activities.
6. Threatening Non-Union Employees: Intimidating workers who choose not to join the union.
7. Retaliation: Punishing employees who refuse to participate in union activities.
8. Illegal Strikes: Organizing work stoppages that violate collective bargaining agreements or labor laws.
9. Closed Shops: Insisting on employment conditions where only union members are hired, which is illegal under the NLRA.
10. Misuse of Union Funds: Allocating dues to activities unrelated to employee representation.
11. Restricting Free Speech: Preventing employees from expressing dissenting opinions about the union.
12. Engaging in Violence: Using or encouraging physical threats to intimidate employees or employers.
13. Blocking Access: Physically preventing employees or customers from entering the workplace during disputes.
14. Harassing Supervisors: Targeting management-level employees with unlawful pressure or threats.
15. Overruling Majority Decisions: Enforcing actions that go against the majority vote of union members.
16. Falsifying Grievances: Filing complaints with no legitimate basis to burden the employer.
17. Restricting Employment Rights: Imposing union rules that violate employees' freedom of choice.
18. Misrepresentation: Providing false information about collective bargaining agreements or union benefits.
19. Improper Use of Dues: Spending funds on political activities without member consent.
20. Interfering with Employer Operations: Disrupting essential services or production unlawfully.
21. Refusing to Process Grievances in Good Faith: Intentionally failing to address or resolve legitimate grievances filed by members, especially when the grievances come from employees who oppose union leadership or decisions.
22. Discrimination in Hiring Halls: Giving job referrals based on union loyalty instead of qualifications.
23. Retaliating Against Whistleblowers: Punishing members who report union misconduct.
24. Failing to Represent Members Fairly: Neglecting the duty to provide equal representation in grievances.
25. Restricting Employee Resignations: Preventing employees from leaving the union or revoking membership.
Understanding unfair labor practices is not just about compliance, it’s about fostering trust and maintaining a balanced workplace where both employees and management thrive. For HR professionals preparing for their PHR, SPHR, SHRM-CP, or SHRM-SCP exams, mastering these concepts is essential for navigating labor relations effectively. By recognizing and preventing ULPs, you can build a stronger, more collaborative workplace.
If you’re preparing to pass your HR Certification Exams, consider joining our next 6-Week Evening Online PHR, SPHR, SHRM-CP, and SHRM-SCP Exam Prep Boot Camp.
To explore our full list of upcoming programs, click the link below:
Elga Lejarza
Founder & CEO
Lejarza HR Consulting
Chief Financial Officer at HRTrainingClasses.com?
1 个月Interesting information.
President at The International Labor Group Corp, Labor Expert Consultant, Labor Law Expert
1 个月Thank you for sharing this valuable insight, Elga. Understanding Unfair Labor Practices (ULPs) is crucial for HR professionals, not only for exam preparation but also for navigating real-world labor relations effectively. It’s important to note that ULPs are allegations until proven through due process. Employers have the right to run their businesses as they see fit, within the bounds of the law. Unions may categorize certain employer actions as ULPs when those actions contradict their position, but these claims must be thoroughly investigated and adjudicated before they are legally established. Ensuring compliance while maintaining operational flexibility is key, and a fair, informed approach benefits both employers and employees alike. Looking forward to further discussions on this important topic! Cesar Alarcon International Labor Group www.laborgroup.us