Not so Fair Practices against Workers

By: Jean Kuda
Submitted: 2008-07-18 15:09:22
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The workforce is one of the major contributors in the success of almost all businesses or corporations in the world.

Consequently, employees, workers and other members of the labor force must be given the proper treatment and attention due them under the law. They must be treated fairly in all aspects of employment.

Due regard must be given to their constant pursuit of success in their field to contribute to the economy and well-being of the country.

Several laws are enacted to give employees or workers the right to bargain collectively on the terms and conditions of their employment.

Unfair labor practices (ULP) are uncalled for and are frowned upon by law and society.

What is an unfair labor practice?

ULP refers to certain actions taken by employers or unions, which are in violation of the National Labor Relations Act (NLRA) and other legislation.

The law specifically provides for certain acts, which constitute unfair labor practice . The court has repeatedly explained this definition and has given concrete examples.

Acts Constituting Unfair Labor Practice (ULP)

Not every unfair act may be considered ULP. For instance, failure to pay overtime pay might be a violation of other laws, but it does not amount to ULP as well. Likewise, a violation of a collective bargaining agreement, standing alone, may not also amount to ULP unless the employer has not only violated the contract but denied all or part of it.
Under the law, ULP is committed by either an employer or a labor union.

Employers commit ULP in any of the following acts:

•    interference with, restraint or coercion  of employees in the exercise of their rights to engage in protected concerted activity or union activities or refrain from them

•    domination or interference with the formation or administration of a labor organization

•    discrimination against employees for engaging in concerted or union activities or refraining from them

•    discrimination against an employee for filing charges with the NLRB or taking part in any NLRB proceedings

•    refusal to bargain with the union, which is the lawful representative of its employees

On the other hand, the following are ULPs committed by unions:
•    restraint or coercion of  employees in the exercise of their rights or an employer in the choice of its bargaining representative

•    refusal to bargain with the employer

•    engagement in certain types of secondary boycotts

•    requirement of excessive dues

•    featherbedding practices

•    hold picket to recognize for more than thirty days without petitioning for an election

•    entry into "hot cargo" agreements

•    lack of notice of strike or picket in a health care establishment

Effects of ULP

If an employer or labor organization or union has been found to commit an unfair labor practice, the NLRB has the power to order that such practice be stopped and to order payment for the injured party.
Aside from entitlement to compensation, common remedies include:

•    reinstatement, with or without back wages

•    holding a new union elections

•    compelling employers to post notices pertaining to the rights of their employees

Article source: Expert Articles