Unfair Labor Practice (ULP) | Practical Law

Unfair Labor Practice (ULP) | Practical Law

Unfair Labor Practice (ULP)

Unfair Labor Practice (ULP)

Practical Law Glossary Item 5-507-5808 (Approx. 4 pages)

Glossary

Unfair Labor Practice (ULP)

Any action that interferes with an employee's exercise of Section 7 rights under the National Labor Relations Act (NLRA) or an employee's exercise of Section 7716 rights under the Federal Service Labor-Management Relations Statute (FSLMRS) by:
  • An employer or agency or its agent.
  • A union or its agent.
An employee, employer, or union may file a ULP charge with the National Labor Relations Board (NLRB), which has the authority to investigate and remedy ULPs.
The following categories of ULPs are defined in Section 8 of the NLRA (29 U.S.C. § 158):
Section 8(g) of the NLRA prohibits a union from striking or picketing a health care establishment without giving the required notice (29 U.S.C. § 158(g)).
Section 8(e) of the NLRA prohibits employers and unions from entering into hot cargo agreements where the employer agrees not to use or handle goods produced or transported by a nonunionized employer (29 U.S.C. § 158(e)).
A federal employee, agency, or union may file a ULP charge with the Federal Labor Relations Authority (FLRA), which has the authority to investigate and remedy ULPs.
The following categories of ULPs are define in Section 7116 of the FSLMRS (5 U.S.C. § 7116):
For more information about rights protected under the NLRA and activities that the NLRA prohibits, see Practice Notes, Labor Law: Overview and Employee Rights and Unfair Labor Practices Under the National Labor Relations Act.
For information about the NLRB's processing of charges alleging violations of Section 7 rights, see National Labor Relations Board Unfair Labor Practice Case Flowchart.
For more information about the rights protected under the FSLMRS and activities that the FSLMRS prohibits, see Practice Note, Federal Labor Relations Authority.