Unfair Labor Practices

Unfair labor practices are the illegal or unethical activities adopted by employers and trade unions towards employees. It is mainly seen in organizations where employers try to violate the labor laws and rights of the employees. Also, it disrupts the balance between employees and employers (companies) as well.

There are different unfair labor practices by management in various organizations. In the United States, the National Labor Relations Act (NLRA) governs such practices. It helps protect labor from unsafe treatment by employers. Also, employees access remedies and solutions to the damage created.

Unfair labor practices are violations of employee rights that are primarily practiced in organizations. Here, trade unions and employers ignore (or discard) the best possible interests of the employees. As a result, the labor laws proposed by governments are easily violated. Therefore, with a proper agency and reporting system, it is feasible for the employees to report such unfair labor practices by unions and management. However, in actual reality, the degree of such practices depends on the violator.

Following are some of the standard unfair labor practices by unions and employers. Let us understand them in detail.

By Employers

As per NLRA, the employer may refrain their employees from joining any group or trade union. They mostly do that for their benefit. In short, they want no other person to interfere in their organization and their work.

• Employers have no right to dominate or harass employees if they anyway join such unions.
• Likewise, any bullying or ragging during strikes and lockouts is prohibited. In addition, employers cannot hire new workers in such situations. 
• They cannot impose any penalty or charge threats to fire them from the company. 
• Organizations have no right to discriminate or create bias when joining unions. Also, not promoting such employees falls under unfair labor practices by management. 
• Similarly, employers cannot promote ineligible workers over eligible ones for the same reason. 
• No employer or company can fire employees for small technical mistakes or false allegations. 
• Transferring work to contractors instead of employed workers is also a crime. And employers cannot delegate the wages and compensation designated for employees to contract men. 
• Refusing any collective bargaining, not rewarding workers, or paying less wages for their hard work. 
• Sowing seeds of conflicts among the workers. 
• Have any demotion (firing) of workers for actively participating in trade union activities. 
• Likewise, employers cannot create trade unions against them. They may also prohibit employees from discussing trade unions. 
• In some cases, the employer may promise employee benefits on rejecting admission to trade unions and many more. 

By Trade Unions

In the same manner, even trade unions have their own set of such practices. It includes.

• Trade unions are trying to support or promote illegal strikes. 
• Threatening or forcing (coercion) workers to join their unions. 
• Not considering the wants and interests of employees. 
• Such unions may tend to have some criminal force against workers who refuse to participate in strikes and lockouts.
• Likewise, refraining such workers from the workplace for not participating in (or supporting) illegal strikes. 
• Entering into employer premises and damaging the property. Another one involves manipulating workers to demolish industrial assets and property. 
• Refusing to collect bargaining in favor of workers.
• Threatening other employees who are going to work. 

Let us look at some examples to help in understanding these activities in detail:

Example #1

Suppose James is an employee who works in the manufacturing plant of Chipps Ltd. They have a large unit that produces more than $200 billion packets on a monthly basis. But, with time, the company was exploiting the working hours of the workers. They were made to work for more than 11 hrs. James found it inappropriate and decided to join a labor union. Later on, the supervisor and managers became aware of the complaint made. They then decided to sideline James from any possible opportunity.

James observed that he was not eligible for the promotion that was happening this week despite getting appreciation in the past few months. He soon realized that partiality was being created due to his previous steps. Therefore, James registered a complaint against the firm for such practices. After court trials, the company was tagged as guilty and received an unfair labor practices settlement.

Example #2

According to the recent news update as of May 2024, the Pueblo County Sheriff's Union has filed an unfair labor practices settlement against Sheriff David Lucero. It was registered after a rally organized outside the sheriff's office for negligence in his duties. As per the complaint, the sheriff refrained from engaging in collective bargaining for the rights of the county workers since the last state legislature bill passed. Therefore, workers at the sheriff's office approached the labor union for help.

Any employer or union following such unethical practices is deemed to face certain consequences for it. A few of them are as follows:

• In case of being found guilty, the board or tribunal may ask the employer or labor union to compensate (pay) employees for the loss that occurred.
• This loss can occur in the form of reinstalment, payment of lost wages, benefits, or seniority credits. However, they do not include any losses that rose from losses in wages. For instance, if an employee fails to make payments on car installments or bills.
• Such practices may affect the ability of the employees to bargain and put forth their demands. Also, discrimination could lead to a sense of hostility (loneliness) in the workplace. Plus, it also hampers their mental health and wellness.
• The company's brand image and reputation are also at stake due to these practices. It creates a negative impression on the stakeholders as well.
• Besides, the employee's morale also reduces and ultimately leads to decreased productivity. It further impacts the nation's overall growth prospects.

For reporting such unfair practices, there is a procedure that employees must follow. Let us look at them:

Registering A Complaint

Employees who face such unethical practices can approach the US Labor's Wage and Hour Division (WHD), National Labor Relations Board (NLRB), or any authorized agency. They can visit the website and file their complaint. However, they must fill in these details as required. 

• Name
• Address and phone number 
• Manager or owner's name 
• The name of the company
• Location of the company (it can be different from workplace address)
• Phone number of the company
• Type of work performed by employee
• Mode of payment (like cash or check, every Friday)

In the later stages, the board will contact the employee and the accused for further proceedings. If found guilty, the consequences mentioned above will be applicable.