About Unfair Labor Practices
- The NLRA, also known as the Wagner Act for New York Senator Robert Wagner, who introduced the bill, is considered a legislative milestone because it protects the rights of workers to make decisions about union membership and activities without fear of reprisal. At the same time, it also protects the public from problems that arise when commerce is interrupted.
- Under the NLRA, employers in the private sector cannot interfere with employees who try to organize a labor union in order to collectively bargain or negotiate for such things as higher wages, better benefits or safer working conditions. Employers are not allowed to threaten or discourage workers who support or join a labor union, nor are they allowed to discriminate against workers who file unfair labor practice complaints under the NLRA. It is also an unfair labor practice for employers to refuse to bargain over pay, hours or other problems or grievances with union leaders elected to represented members of a union.
- The NLRA also protects workers' rights in relationships with union leaders and officials. Unions are not allowed to threaten members or nonmembers for refusing to support decisions to bargain for better pay or benefits, or to strike if those conditions are not met. Unions are not allowed to retaliate against workers by refusing to process grievances, by charging excessive dues or by discriminating against those applying for overtime or promotions. The NLRA also restricts unions from forming "Hot Cargo Agreements" or agreements that refuse to accept materials and supplies from nonunion shops. And like employers, unions are required to engage in collective bargaining to resolve disputes.
- Complaints about unfair labor practices must be filed within 60 days of the incident with the National Labor Relations Board, a federal agency established to enforce the NLRA. Anyone, with the exception of members of the NLRB, can file a complaint of unfair labor practices including those not directly involved in any specific dispute. Complaint forms are available online at the NLRB Web site. However, the protections guaranteed under the NLRA do not cover agricultural laborers, domestic workers in private homes or anyone employed by his or her spouse or parents. The NLRA also does not cover supervisors, independent contractors, or employees of federal, state or local government or employees of railroads and airlines who have a separate set of labor relations guidelines under the Railway Labor Act.
- Once the NLRB receives a complaint of unfair labor practices, the case is handed over to a regional office, which investigates the charge. If an investigation determines the charge has no merit, the case is dismissed. However, if an investigator decides the complaint is legitimate, the board tries to negotiate a settlement among those involved. If no settlement agreements can be reached, the case goes before an NLRB administrative law judge, who hears both sides and issues a written decision. Either side can challenge that decision in the U.S. Appeals Court, and ultimately in the Supreme Court, if that court agrees to hear the case.
- In 2009, the NLRB received 22,934 complaints of unfair labor practices. The lion's share, or 16,541 of those complaints were against employers for refusing to take part in bargaining talks with unions, or for unjustly firing workers for union activities. Another 6,411 complaints were filed against unions for pressuring or coercing employees. While many of those cases are still pending, the NLRB was able to resolve more than 22,000 unfair labor complaints from previous years. As a result of those cases workers who were fired unjustly for union activity were awarded $76,337,306 in back pay. Workers who were unjustly charged fees and dues by union officials were reimbursed $1,274,016. On average, the NLRB receives 25,000 unfair labor complaints each year. Of those cases, one-third are usually determined to have merit, and of those cases approximately 90 percent are resolved with settlement agreements.