National Labor Relations Board (NLRB) & Unions

NLRA prohibits employers from committing unfair labor practices, which are actions that interfere with employee rights to organize, form, join, or assist a labor union. For example, employers are prohibited from harassing or punishing an employee because of union activity or for filing a charge with the National Labor Relations Board (“NLRB”). Employers are also prohibited from failing to provide a union with information necessary for processing a grievance or refusing an employee’s request for a union steward during a disciplinary investigation.

Common Unfair Labor Practices

• Interfering with Union Organizing: Employers cannot threaten, coerce, or discriminate against employees who are trying to form or join a union.
• Discriminating Against Union Members: Employers cannot retaliate against employees for participating in union activities, such as attending union meetings or filing grievances.
• Refusing to Bargain in Good Faith: Employers must negotiate with unions in good faith and cannot unilaterally change terms and conditions of employment.
• Espionage: Employers cannot spy on union activities or monitor employees’ communications.

Common Labor Violations

• Unfair Labor Practices: Employers may engage in unfair labor practices, such as:
• Threatening employees with job loss or other negative consequences for union activity.
• Interrogating employees about their union activities.
• Discriminating against employees who support unionization.
• Refusing to bargain in good faith with a union.
• Retaliation: Employers may retaliate against employees who file charges with the NLRB or participate in union activities.

The NLRB is an agency that enforces the NLRA and investigates charges of unfair labor practices filed by employees, employers, or unions. These practices may include:

• Discriminating against employees who engage in union activity.
• Threatening employees with job loss or other reprisals for union activity.
• Refusing to bargain in good faith with a union.
• Interfering with, restraining, or coercing employees in the exercise of their rights.
• Conducting Union Elections to ensure they are fair and free from interference.

An experienced labor attorney can help you:

• Investigate your claims: Gather evidence and determine if there is a basis for a legal claim.
• Understand Your Rights: Explain your rights under the NLRA and how they apply to your specific situation.
• File a Charge: Assist you in filing a charge with the NLRB and provide guidance throughout the investigation process.
• Represent You in Legal Proceedings: If your case goes to hearing, your attorney will represent you before an administrative law judge.
• Negotiate a Settlement: Negotiate a settlement with your employer to resolve the dispute without going to a formal hearing.
• Appeal adverse decisions: Challenge unfavorable rulings in court.

If your employer has engaged in unfair labor practices, take the following steps:

• Document the Incident: Keep detailed records of any incidents, including dates, times, and names of witnesses.
• Consult with a Union Representative: If you are a union member, speak with your union representative about your concerns.
• Seek Legal Advice: Consult with an attorney experienced in labor law to discuss your options.

Our Commitment to Protecting Your Rights

Employees have the right to organize a union in their workplace; act as a union representative; seek union assistance; file or pursue a grievance; refuse to form, join, or assist a union; and be fairly represented by their union.

You can take action against your employer for committing an unfair labor practice. Our attorneys are highly experienced in representing federal employees and unions on NLRB charges and other labor matters. We understand the complexities of labor law and are committed to fighting for your rights.

If you believe your rights have been subjected to unfair labor practices, please contact us for an initial consultation at (424) 340-5805. We will assess your matter and provide guidance on the best course of action.

Experienced Employment Attorneys Serving unions & federal Employees in Riverside, Los Angeles, San Bernardino, San Diego, and Adjacent Counties.