The NLRB has the authority to investigate and remedy unfair labor practices, which are defined in Section 8 of the Act. In broad terms, the NLRB makes it unlawful for an employer to:
interfere with two or more employees acting in concert to protect rights provided for in the Act, whether or not a union exists
to dominate or interfere with the formation or administration of a labor organization
to discriminate against an employee from engaging in concerted or union activities or refraining from them
to discriminate against an employee for filing charges with the NLRB or taking part in any NLRB proceedings
An unfair labor practice(不当労働行為,futouroudoukoui) is discrimination by an employer in Japan against a worker who is associated with a union, or refusal by an employer to negotiate with a trade union, or interference in the activities of a union. Unfair labor practices are defined under Article 7 of the 1949 Trade Union Law(労働組合法,roudou-kumiaihou). They are ruled on by Labor Relations Commissions.
Trade Union Act Article 7
The employer shall not commit the acts listed in any of the following items:
(i) to discharge or otherwise treat in a disadvantageous manner a worker by reason of such worker's being a member of a labor union, having tried to join or organize a labor union, or having performed justifiable acts of a labor union; or to make it a condition of employment that the worker shall not join or shall withdraw from a labor union. However, where a labor union represents a majority of workers employed at a particular factory or workplace, this shall not preclude an employer from concluding a collective agreement which requires, as a condition of employment, that the workers shall be members of such labor union;
In Episode 10, we explore unfair labor practices by employers.
published: 18 May 2017
Unfair Labor Practices
Let’s explore unfair labor practices under the National Labor Relations Act. Unfair labor practices (ULPs) are violations of the NLRA that deny rights and benefits to employees and can be the result of employer or union activity.
Such violations include threatening to take jobs or benefits from employees who attempt to form a union, reassigning workers to less attractive jobs than their current ones if they are involved in union activities, and telling employees they will receive greater benefits if they don’t join a union.
Although the Act identified these practices as “unfair,” it did not make them crimes or impose any penalties or fines on people or organizations for their occurrence.
published: 20 Apr 2019
Unfair Labor Practices
To protect employees’ rights to self-organization and give collective bargaining a chance to work, the NLRA prohibits certain actions by employers and unions. The first category of employer ULP—interfering with, restraining, or coercing employees in the exercise of their NLRA rights—encapsulates employers’ legal obligations under the NLRA. The remaining employer ULPs are elaborations on this general requirement. The prohibition against employer domination of a labor organization or interference in its administration needs explanation.
The underlying notion is that to be bona fide employee representatives, labor organizations must be independent of employers. This requirement of independence holds not just for labor unions but also for labor organizations of any kind. The definition of la...
published: 19 Jul 2021
UNFAIR LABOUR PRACTICES || PART 14 || SCHEDULE 5 || Industrial dispute act 1947
BUSINESS LAW(B.COM 1)
INDUSTRIAL DISPUTE ACT 1947
PART 14
UNFAIR LABOUR PRACTICES
Lecture by :- Prof. Raspreet kaur
published: 20 May 2020
Episode 11: Unfair Labor Practices by Unions
In Episode 11, we explore unfair labor practices by unions.
published: 26 May 2017
Unfair Labor Practices: Part I
Unfair Labor Practice: Part 1
Employer and Union
published: 21 Apr 2015
Unfair Labor Practice Charge Investigatory Process
Feedback? Take our Survey: https://bit.ly/3wXUaDQ
This video covers: How the FLRA's Office of the General Counsel investigates, deals with parties and decides on unfair labor practice cases.
0:00 - Introduction
0:22 - FLRA Investigations and Party Requirements
1:44 - How to present a case
1:56 - Regional Director Decision
2:20 - Settlement of Merit Cases
published: 27 Apr 2021
RIGHT TO UNIONIZE & UNFAIR LABOR PRACTICE
Atty. Duka discusses the constitutional & statutory rights to join or not to join a labor union.
Let’s explore unfair labor practices under the National Labor Relations Act. Unfair labor practices (ULPs) are violations of the NLRA that deny rights and benef...
Let’s explore unfair labor practices under the National Labor Relations Act. Unfair labor practices (ULPs) are violations of the NLRA that deny rights and benefits to employees and can be the result of employer or union activity.
Such violations include threatening to take jobs or benefits from employees who attempt to form a union, reassigning workers to less attractive jobs than their current ones if they are involved in union activities, and telling employees they will receive greater benefits if they don’t join a union.
Although the Act identified these practices as “unfair,” it did not make them crimes or impose any penalties or fines on people or organizations for their occurrence.
Let’s explore unfair labor practices under the National Labor Relations Act. Unfair labor practices (ULPs) are violations of the NLRA that deny rights and benefits to employees and can be the result of employer or union activity.
Such violations include threatening to take jobs or benefits from employees who attempt to form a union, reassigning workers to less attractive jobs than their current ones if they are involved in union activities, and telling employees they will receive greater benefits if they don’t join a union.
Although the Act identified these practices as “unfair,” it did not make them crimes or impose any penalties or fines on people or organizations for their occurrence.
To protect employees’ rights to self-organization and give collective bargaining a chance to work, the NLRA prohibits certain actions by employers and unions. T...
To protect employees’ rights to self-organization and give collective bargaining a chance to work, the NLRA prohibits certain actions by employers and unions. The first category of employer ULP—interfering with, restraining, or coercing employees in the exercise of their NLRA rights—encapsulates employers’ legal obligations under the NLRA. The remaining employer ULPs are elaborations on this general requirement. The prohibition against employer domination of a labor organization or interference in its administration needs explanation.
The underlying notion is that to be bona fide employee representatives, labor organizations must be independent of employers. This requirement of independence holds not just for labor unions but also for labor organizations of any kind. The definition of labor organization under the NLRA is broad. A labor organization is any organization or employee representation committee which exists for the purpose of dealing with employers concerning grievances, wages, hours of employment, or conditions of work.
Clearly, employers are prohibited from creating or controlling “company unions” that do not genuinely represent employees’ interests. But the NLRA also has implications for employee involvement groups and work teams. Employee involvement takes many forms, but typically involves groups of employees interacting in some fashion with managers to discuss production, safety, and other issues. The NLRA comes into the picture because employee involvement groups can be deemed “labor organizations” dealing with employers regarding employment matters.
And if the groups are labor organizations, they will almost certainly be considered “dominated” because they are initiated by employers. Thus, their existence can violate the NLRA. One unionized employer violated the NLRA by setting up company-dominated employee involvement teams that dealt with such issues as safety and benefits. Furthermore, the NLRB concluded that the employer was bypassing the employee’s representative and not meeting its legal obligation to bargain only with the union on these issues.
To protect employees’ rights to self-organization and give collective bargaining a chance to work, the NLRA prohibits certain actions by employers and unions. The first category of employer ULP—interfering with, restraining, or coercing employees in the exercise of their NLRA rights—encapsulates employers’ legal obligations under the NLRA. The remaining employer ULPs are elaborations on this general requirement. The prohibition against employer domination of a labor organization or interference in its administration needs explanation.
The underlying notion is that to be bona fide employee representatives, labor organizations must be independent of employers. This requirement of independence holds not just for labor unions but also for labor organizations of any kind. The definition of labor organization under the NLRA is broad. A labor organization is any organization or employee representation committee which exists for the purpose of dealing with employers concerning grievances, wages, hours of employment, or conditions of work.
Clearly, employers are prohibited from creating or controlling “company unions” that do not genuinely represent employees’ interests. But the NLRA also has implications for employee involvement groups and work teams. Employee involvement takes many forms, but typically involves groups of employees interacting in some fashion with managers to discuss production, safety, and other issues. The NLRA comes into the picture because employee involvement groups can be deemed “labor organizations” dealing with employers regarding employment matters.
And if the groups are labor organizations, they will almost certainly be considered “dominated” because they are initiated by employers. Thus, their existence can violate the NLRA. One unionized employer violated the NLRA by setting up company-dominated employee involvement teams that dealt with such issues as safety and benefits. Furthermore, the NLRB concluded that the employer was bypassing the employee’s representative and not meeting its legal obligation to bargain only with the union on these issues.
Feedback? Take our Survey: https://bit.ly/3wXUaDQ
This video covers: How the FLRA's Office of the General Counsel investigates, deals with parties and decides...
Feedback? Take our Survey: https://bit.ly/3wXUaDQ
This video covers: How the FLRA's Office of the General Counsel investigates, deals with parties and decides on unfair labor practice cases.
0:00 - Introduction
0:22 - FLRA Investigations and Party Requirements
1:44 - How to present a case
1:56 - Regional Director Decision
2:20 - Settlement of Merit Cases
Feedback? Take our Survey: https://bit.ly/3wXUaDQ
This video covers: How the FLRA's Office of the General Counsel investigates, deals with parties and decides on unfair labor practice cases.
0:00 - Introduction
0:22 - FLRA Investigations and Party Requirements
1:44 - How to present a case
1:56 - Regional Director Decision
2:20 - Settlement of Merit Cases
Let’s explore unfair labor practices under the National Labor Relations Act. Unfair labor practices (ULPs) are violations of the NLRA that deny rights and benefits to employees and can be the result of employer or union activity.
Such violations include threatening to take jobs or benefits from employees who attempt to form a union, reassigning workers to less attractive jobs than their current ones if they are involved in union activities, and telling employees they will receive greater benefits if they don’t join a union.
Although the Act identified these practices as “unfair,” it did not make them crimes or impose any penalties or fines on people or organizations for their occurrence.
To protect employees’ rights to self-organization and give collective bargaining a chance to work, the NLRA prohibits certain actions by employers and unions. The first category of employer ULP—interfering with, restraining, or coercing employees in the exercise of their NLRA rights—encapsulates employers’ legal obligations under the NLRA. The remaining employer ULPs are elaborations on this general requirement. The prohibition against employer domination of a labor organization or interference in its administration needs explanation.
The underlying notion is that to be bona fide employee representatives, labor organizations must be independent of employers. This requirement of independence holds not just for labor unions but also for labor organizations of any kind. The definition of labor organization under the NLRA is broad. A labor organization is any organization or employee representation committee which exists for the purpose of dealing with employers concerning grievances, wages, hours of employment, or conditions of work.
Clearly, employers are prohibited from creating or controlling “company unions” that do not genuinely represent employees’ interests. But the NLRA also has implications for employee involvement groups and work teams. Employee involvement takes many forms, but typically involves groups of employees interacting in some fashion with managers to discuss production, safety, and other issues. The NLRA comes into the picture because employee involvement groups can be deemed “labor organizations” dealing with employers regarding employment matters.
And if the groups are labor organizations, they will almost certainly be considered “dominated” because they are initiated by employers. Thus, their existence can violate the NLRA. One unionized employer violated the NLRA by setting up company-dominated employee involvement teams that dealt with such issues as safety and benefits. Furthermore, the NLRB concluded that the employer was bypassing the employee’s representative and not meeting its legal obligation to bargain only with the union on these issues.
Feedback? Take our Survey: https://bit.ly/3wXUaDQ
This video covers: How the FLRA's Office of the General Counsel investigates, deals with parties and decides on unfair labor practice cases.
0:00 - Introduction
0:22 - FLRA Investigations and Party Requirements
1:44 - How to present a case
1:56 - Regional Director Decision
2:20 - Settlement of Merit Cases
The NLRB has the authority to investigate and remedy unfair labor practices, which are defined in Section 8 of the Act. In broad terms, the NLRB makes it unlawful for an employer to:
interfere with two or more employees acting in concert to protect rights provided for in the Act, whether or not a union exists
to dominate or interfere with the formation or administration of a labor organization
to discriminate against an employee from engaging in concerted or union activities or refraining from them
to discriminate against an employee for filing charges with the NLRB or taking part in any NLRB proceedings
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