What are Unfair Labour practices?
Many of the unfair labor practice charges submitted to the NLRB arise from improper campaign activities. The NLRB has established a lengthy list of guidelines for fair elections.
1. Interference, restraint, and coercion - It is an unfair labor practice for employers to interfere with, restrain, or coerce employees in the exercise of their rights to form, join, or assist a labor organization or to bargain collectively. Supervisors are representatives of management; therefore, they are not allowed to discriminate in the employment, tenure, or working conditions of their employees or to encourage or discourage membership in a union. Nor are they allowed to interfere with, restrain, or coerce employees in the exercise of their rights to form or join a labor union.
2. Threats of reprisal ‐ Employers are free to express their views concerning union organizations provided that there is “no threat of reprisal or force or promise of benefit.” This provision allows employers to tell their employees why they think unions are worthless, dangerous to the economy, or corrupt, provided that the employers avoid threats, promises, coercion, and libelous slander.
3. Promise of benefit ‐ During an election campaign, employers generally are not free to grant wage increases or benefits improvements unless they can demonstrate that these changes are completely unrelated to the campaign. Such practices appear to imply an incentive to defeat the union by showing that the union is not needed to obtain better wages or benefits.
4. Solicitation of grievances ‐ Employers may not solicit grievances from employees and offer to settle them informally as a way to circumvent the authority of a union. The Taft‐Hartley Act allows employees to submit grievances directly to supervisors, however, without union interference. Employers may work to eliminate undesirable working conditions, but they must not do so in ways designed to persuade employees that the union is not needed.
5. Restricting employee activity ‐ Employers may not restrict employees in the exercise of their rights to form, join, or assist a labor organization. Nor can an employer prevent employees from engaging in concerted activities for collective bargaining purposes or other mutual aid or protection.
6. Surveillance and interrogation of employees ‐ The NLRB has ruled that an election is invalid when an employer visits employees in their homes or assembles them in a manager’s office for the purpose of urging them to reject the union. Employers cannot single out certain employees and talk with them individually or in small groups, nor can an employer question employees about their union sentiments.
7. Inciting antiunion activity ‐ Employers may not incite anti‐union activity by paying employees to defeat a
3. Governing the Municipality 85
union or campaign against it. Firms cannot recommend, circulate, or assist in preparing a petition for decertification. During a decertification campaign stage, employers can provide only minimal assistance and cannot allow employees to work for decertification during working hours.
8. Discrimination for exercising rights - Companies are not allowed to discriminate against employees by hiring, firing, or altering their conditions of employment in a manner designed to encourage or discourage membership in any labor union. An employer may still fire employees for disciplinary reasons, such as disobedience, drinking on the job, or careless work, but an employer should be prepared to show that employment decisions are not intended to discourage union membership or activity.
9. Discipline/discharge for union activity - Employers may not discharge or otherwise discriminate against an employee because the employee has filed charges or given testimony under the NLRA. Nor can an employer discipline or discharge employees for expressing profound sentiments or encouraging other employees to join a union. As a general rule, employers may not prohibit union members from wearing union insignia, buttons, or pins; unless it interferes with work performance or it could reasonably be construed to be offensive or profane.
10. No‐solicitation rules ‐ Employers can generally prohibit the distribution of campaign literature in work areas during work hours. However, rules prohibiting the distribution of written materials in non‐work areas during non‐work time are generally illegal. Non-work areas include such places as cafeterias, rest rooms, parking lots, hallways, locker rooms, and break areas
1. Interference, restraint, and coercion - It is an unfair labor practice for employers to interfere with, restrain, or coerce employees in the exercise of their rights to form, join, or assist a labor organization or to bargain collectively. Supervisors are representatives of management; therefore, they are not allowed to discriminate in the employment, tenure, or working conditions of their employees or to encourage or discourage membership in a union. Nor are they allowed to interfere with, restrain, or coerce employees in the exercise of their rights to form or join a labor union.
2. Threats of reprisal ‐ Employers are free to express their views concerning union organizations provided that there is “no threat of reprisal or force or promise of benefit.” This provision allows employers to tell their employees why they think unions are worthless, dangerous to the economy, or corrupt, provided that the employers avoid threats, promises, coercion, and libelous slander.
3. Promise of benefit ‐ During an election campaign, employers generally are not free to grant wage increases or benefits improvements unless they can demonstrate that these changes are completely unrelated to the campaign. Such practices appear to imply an incentive to defeat the union by showing that the union is not needed to obtain better wages or benefits.
4. Solicitation of grievances ‐ Employers may not solicit grievances from employees and offer to settle them informally as a way to circumvent the authority of a union. The Taft‐Hartley Act allows employees to submit grievances directly to supervisors, however, without union interference. Employers may work to eliminate undesirable working conditions, but they must not do so in ways designed to persuade employees that the union is not needed.
5. Restricting employee activity ‐ Employers may not restrict employees in the exercise of their rights to form, join, or assist a labor organization. Nor can an employer prevent employees from engaging in concerted activities for collective bargaining purposes or other mutual aid or protection.
6. Surveillance and interrogation of employees ‐ The NLRB has ruled that an election is invalid when an employer visits employees in their homes or assembles them in a manager’s office for the purpose of urging them to reject the union. Employers cannot single out certain employees and talk with them individually or in small groups, nor can an employer question employees about their union sentiments.
7. Inciting antiunion activity ‐ Employers may not incite anti‐union activity by paying employees to defeat a
3. Governing the Municipality 85
union or campaign against it. Firms cannot recommend, circulate, or assist in preparing a petition for decertification. During a decertification campaign stage, employers can provide only minimal assistance and cannot allow employees to work for decertification during working hours.
8. Discrimination for exercising rights - Companies are not allowed to discriminate against employees by hiring, firing, or altering their conditions of employment in a manner designed to encourage or discourage membership in any labor union. An employer may still fire employees for disciplinary reasons, such as disobedience, drinking on the job, or careless work, but an employer should be prepared to show that employment decisions are not intended to discourage union membership or activity.
9. Discipline/discharge for union activity - Employers may not discharge or otherwise discriminate against an employee because the employee has filed charges or given testimony under the NLRA. Nor can an employer discipline or discharge employees for expressing profound sentiments or encouraging other employees to join a union. As a general rule, employers may not prohibit union members from wearing union insignia, buttons, or pins; unless it interferes with work performance or it could reasonably be construed to be offensive or profane.
10. No‐solicitation rules ‐ Employers can generally prohibit the distribution of campaign literature in work areas during work hours. However, rules prohibiting the distribution of written materials in non‐work areas during non‐work time are generally illegal. Non-work areas include such places as cafeterias, rest rooms, parking lots, hallways, locker rooms, and break areas