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lecture4 - Unfair Labor Practices (ULPs) Professor Bruce...

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Unfair Labor Practices (ULPs) Professor Bruce Fortado University of North Florida MAN 4401/6411 Labor Relations The National Labor Relations Act (Wagner), 1935, and the subsequent revisions in the Labor Management Relations Act (Taft-Hartley), 1947, created the prevailing employer and union unfair labor practices (ULPs). The NLRA, Section 7 provides “employees shall have the right to self organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in (or refrain from) concerted activities for the purpose of collective bargaining or other mutual aid or protection.” The employer ULPs are listed in Section 8(a) of the NLRA. Section 8(a) (1). It shall be an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed by section 7.” What does this passage refer to? Threatening to terminate or otherwise harm employees if they should join or vote for a union. Provoking violence. Threatening to close down the plant if the union prevails in an election. Questioning employees about their union sympathies and activities under threatening circumstances. Spying on union members and/or organizers, or giving the impression of spying. Giving an unscheduled raise shortly before a representation election. Withholding a raise that normally would have been given. Section 8(a) (2). It shall be an unfair labor practice for an employer “to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it.” What does this passage refer to? Providing finances, a lawyer or other support for an “employee organization.” Exerting pressure on employees to join a specific union. Recognizing an independent “inside” union over a national union. Permitting one union access to company property to solicit members, while refusing access to another union. Section 8(a) (3). It shall be an unfair labor practice for an employer to discriminate “in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization.”
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What does this passage refer to? Discharging employees who encouraged others to join a union. Refusing to reinstate employees who took part in a lawful strike when they are qualified for openings. Giving strike replacements “superseniority,” which erodes the rights of lawful strikers. Closing a facility after the union won an election, discharging the workers, and opening an operation doing the same thing elsewhere, hiring a new staff. Refusing to hire qualified applicants, because they are or have been union
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This note was uploaded on 07/09/2011 for the course MAN 4401 taught by Professor Fortado during the Spring '11 term at UNF.

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lecture4 - Unfair Labor Practices (ULPs) Professor Bruce...

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