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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.
NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), is a United States labor law case decided by the Supreme Court of the United States.It held that employees in unionized workplaces have the right under the National Labor Relations Act to the presence of a union steward during any management inquiry that the employee reasonably believes may result in discipline.
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.
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 ...
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 ...
Aug. 29—The Hawaii Nurses Association says it is filing an unfair labor practice charge against the management at Oahu Care Facility, a nursing home in Honolulu. The union said after months of ...
Under the new policy if a majority of workers demonstrate support for a union, the company must recognize them or ask the NLRB to conduct an election. However, if they commit unfair labor practices, the union will automatically be recognized, and the company will be required to bargain. [131]