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Labor Law Violation: Unfair Labor Practices

By Edited Aug 30, 2015 0 0

National Labor Relations Act

The National Labor Relations Act provides protection to workers trying to form labor unions and it formalized the creating process of these unions. In short, the NLRA deals with the employer-union relationships.

Unfair Labor Practices

The National Labor Relations Act has many provisions. It is stated in the act the unfair labor practices of an employer, labor organization, and employee.

The following are unfair labor practices by an employer:

1. Interfering, restraining, or coercing employees in their exercise of their rights to organize and join labor unions, to bargain collectively and to decide whether to join a union or not

2. Interfering or dominating the administration or formation of any labor unions or contributing financial and other support to the unions

3. Discriminating against employees in hiring or tenure of employment or any terms or conditions of employment to discourage them from joining any labor unions

4. Discriminating against or discharging an employee for filing charges or giving a testimony

5. Refusing to bargain collectively with representatives of labor organizations or his/her employees' representative

• Here are examples of unfair labor practices by a labor organization/labor union:

1. Coercing or restraining employees in the exercise of their rights guaranteed by the NLRA. It is also considered an unfair labor practice for a labor union to restrict or control an employer in selecting his/her representatives for adjustment of grievances or collective bargaining

2. Causing or attempting to cause an employer to discriminate against an employee regarding one's membership in an organization

3. Refusing to participate in collective bargaining with an employer

4. Engaging in or encouraging any employee engaged in commerce or in a business that affects the commerce to join a strike or a refusal in the course of his/her employment to work or perform services. It is also unlawful to force any employer or self-employed individual to participate in or to enter into any agreement which is prohibited by the NLRA

5. Requiring any employer to stop using products of any other manufacturers or stop doing business with other persons

6. Forcing an employer to assign a certain work to employees in a certain labor union or in a certain craft, rather than to employees in another labor union or in another craft

7. Causing an employer to pay any money or other thing of value for services which are not to be performed

8. Forcing employees to select such labor unions as their representative for collective bargaining

9. Requiring employees to pay a fee in an amount that is excessive or discriminatory under all situations as a condition prior to becoming a member of such labor organization

10. Picketing or threatening to picket any employer, forcing him/her to bargain with a labor union

Any unfair labor practices that is mentioned above but not limited are considered as a violation of the labor law, which is the National Labor Relations Act (NLRA).

If you are experiencing any unfair labor practices which are against the NLRA, you should seek the help of a labor law lawyer. They will help you obtain justice and fight for your rights.



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