Unfair labor practices occur when an employer or union takes actions that are illegal according to the National Labor Relations Act (NLRA). The Act prohibits employer retaliation against employees who:
- Try to organize a union
- Participate in collective bargaining with employers
An employer is not allowed to discriminate against or retaliate against employees based on union membership. Also, employers cannot retaliate or discriminate against any employee who files a complaint with the National Labor Relations Board (NLRB).
How Do I File a Charge Against a Labor Organization or an Employer?
Filing a report for unfair labor practices requires visiting the NLRB website. Click on E-file Charge/ Petition. Once there, follow these steps:
- Accept the terms
- Provide the details of the charge and upload any document
- Review the information, then confirm the submission
- Receive the confirmation number receipt
What Will Happen After the Report Is Filed?
The NLRB will investigate the issue to determine if more action should be taken. A notice for a hearing may be announced about 10 days after the complaint was filed. If the employer is at fault, the NLRB will impose a remedy.
What Remedies Can Be Imposed?
Remedies range from paying fines to requiring a change in labor practices.
What Happens If I Do Not Like the Decision?
An employee can usually appeal their claim to a different regulation body, such as the General Counsel. Another option is to sue in civil court for the unfair labor practices.
Should I Contact an Attorney about How to File an Unfair Labor Practices Report?
Working in an environment where unfair labor practices occur can lead to a lot of legal issues. You should contact an employment attorney to understand more about the unfair labor practices and what can be done to resolve them.