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An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) 29 U.S.C. § 151–169 (also known as the NLRA and the Wagner Act after NY Senator Robert F. Wagner [1]) and other legislation.
In practice, however, the lack of judicial review often produces the opposite result. An employer that wants to challenge the Board's certification of a union in court must engage in what is referred to as a "technical refusal to bargain" in order to draw an unfair labor practice charge against it under Section 8(a)(5) of the Act.
(a)(4) discriminating against employees who file charges or testify. (a)(5) refusing to bargain collectively with the representative of the employer's employees. In addition, added by the Taft–Hartley Act, there are seven unfair labor practices aimed at unions and employees.
Workers can file unfair labor practice charges without hiring lawyers or being in unions. The former Duke CE employee told the N&O he was aware of his rights and called the regional NLRB office in ...
WASHINGTON (Reuters) -Boeing said late on Thursday it had filed an unfair labor practice charge with the National Labor Relations Board against the union representing its striking U.S. West Coast ...
The National Labor Relations Board filed a complaint against SpaceX Wednesday, claiming the company unfairly fired employees who criticized Elon Musk in a 2022 open letter.
An injunction would also have been available if the employer "engaged in any other unfair labor practice" that would have restrained the rights under NLRA section 7. Currently, such federal court injunctions are required only for violations by unions. No such remedy exists for unlawful acts committed by employers in violation of workers' rights.
UPDATE: In the wake of three employees being laid off, the IGN Creators Guild has filed an unfair labor practice charge with the NLRB and is currently in negotiations over the terms of the layoffs ...
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