Definition of "unfair Labor Practice"
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 employees for 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
- to refuse to bargain with the union that is the lawful representative of its employees
The Act similarly bars unions from:
- restraining or coercing employees in the exercise of their rights or an employer in the choice of its bargaining representative
- causing an employer to discriminate against an employee
- refusing to bargain with the employer of the employees it represents
- engaging in certain types of secondary boycotts
- requiring excessive dues
- engaging in featherbedding (requiring an employer to pay for unneeded workers)
- picketing for recognition for more than thirty days without petitioning for an election
- entering into "hot cargo" agreements (refusing to handle goods from an anti-union employer)
- striking or picketing a health care establishment without giving the required notice
Applying this general language to the real world requires, in the words of Supreme Court Justice Felix Frankfurter, "distinctions more nice than obvious". The substantive law applied by the NLRB is described elsewhere under specific headings devoted to particular topics.
Not every unfair act amounts to an unfair labor practice; as an example, failing to pay an individual worker overtime pay for hours worked in excess of forty hours in a week might be a violation of the Fair Labor Standards Act, but it is unlikely to amount to an unfair labor practice as well. Similarly, a violation of a collective bargaining agreement, standing alone, may not constitute an unfair labor practice unless the employer has not only violated the contract but repudiated all or part of it.
Read more about this topic: Unfair Labor Practice
Famous quotes containing the words definition of, definition, unfair, labor and/or practice:
“The definition of good prose is proper words in their proper places; of good verse, the most proper words in their proper places. The propriety is in either case relative. The words in prose ought to express the intended meaning, and no more; if they attract attention to themselves, it is, in general, a fault.”
—Samuel Taylor Coleridge (1772–1834)
“Beauty, like all other qualities presented to human experience, is relative; and the definition of it becomes unmeaning and useless in proportion to its abstractness. To define beauty not in the most abstract, but in the most concrete terms possible, not to find a universal formula for it, but the formula which expresses most adequately this or that special manifestation of it, is the aim of the true student of aesthetics.”
—Walter Pater (1839–1894)
“I can stand brute force, but brute reason is quite unbearable. There is something unfair about its use. It is hitting below the intellect.”
—Oscar Wilde (1854–1900)
“There is virtue yet in the hoe and the spade, for learned as well as for unlearned hands. And labor is everywhere welcome; always we are invited to work.”
—Ralph Waldo Emerson (1803–1882)
“Fine art, that exists for itself alone, is art in a final state of impotence. If nobody, including the artist, acknowledges art as a means of knowing the world, then art is relegated to a kind of rumpus room of the mind and the irresponsibility of the artist and the irrelevance of art to actual living becomes part and parcel of the practice of art.”
—Angela Carter (1940–1992)