Unfair Labor Practice (ULP)
Conduct by an employer or a union that violates Section 8 of the National Labor Relations Act.
Full definition
An Unfair Labor Practice (ULP) is conduct that violates Section 8 of the National Labor Relations Act. Employer ULPs (Section 8(a)) include interfering with employees’ protected concerted activity, dominating a labor organization, discriminating to discourage or encourage union membership, retaliating against employees who file charges, and refusing to bargain in good faith. Union ULPs (Section 8(b)) include restraining or coercing employees, causing an employer to discriminate, refusing to bargain, and engaging in unlawful secondary activity. ULP charges are filed with the regional office of the NLRB and must usually be filed within six months of the conduct complained of. Remedies can include back pay, reinstatement, bargaining orders, and posted notices.
Related terms
National Labor Relations Board (NLRB)
The federal agency that enforces the National Labor Relations Act, conducts union elections, and investigates unfair labor practices.
Grievance
A formal complaint that the employer has violated a provision of the CBA, past practice, or applicable law.
Duty of Fair Representation (DFR)
The union’s legal obligation to represent every member of the bargaining unit fairly, in good faith, and without arbitrary, discriminatory, or bad-faith conduct.
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