UnfairLaborPractices

An unfair labor practice (ULP) is a violation of a statutory right. A charge that a ULP has occurred can be initiated by an employee, a union, or management. The respondent to these charges will always be the union or management.

A ULP charge is filed with the Federal Labor Relations Authority (FLRA). The FLRA, among its other functions, investigates, conducts hearings, and resolves complaints of alleged unfair labor practices. The vast majority of ULPs do not go to a hearing. They are typically settled or withdrawn before a hearing is held.

Management ULP
Union ULP

If an agency or union is found to have committed a ULP, the FLRA may prescribe whatever legal remedy is necessary to correct the ULP. In the case of ULPs against management, this may include revoking the management action that caused the ULP in the first place and requiring management to go back to the situation as it existed before the ULP. The remedy usually includes a requirement that the guilty party sign and post a notice to employees which indicates that it will stop committing the ULP and will refrain from taking such actions in the future.

Most ULPs can be avoided by a general understanding of the rights of the parties and a common-sense approach to effective relationships.

Management ULP

Section 7116(a) of the Federal Service Labor-Management Relations Statute provides that it is an unfair labor practice for management to:

Interfere with, restrain, or coerce employees in the exercise of rights assured by the Statute.
Encourage or discourage membership in a labor organization by discrimination in conditions of employment.
Sponsor, control, or otherwise assist a labor organization, other than to furnish, upon request, routine services that would also be provided to other labor organizations having equivalent status.
Discipline or discriminate against an employee for filing a complaint, affidavit, or petition under the Statute.
Refuse to consult or bargain in good faith with a labor organization.
Fail or refuse to cooperate in impasse procedures or decisions.
Enforce any rule or regulation (other than one implementing a prohibited personnel practice) which is in conflict with a collective bargaining agreement if the agreement was in effect before the rule or regulation was prescribed.
Otherwise fail or refuse to comply with any provision of the Statute.

Union ULP

Section 7116(b) of the Federal Service Labor-Management Relations Statute provides that it is an unfair labor practice for a union to:

Interfere with, restrain or coerce an employee with respect to any employee's right under the Statute.
Cause or attempt to cause an agency to discriminate against an employee for exercising rights granted by the Statute.
Take action (coerce, discipline or fine) a member of the labor organization as punishment, reprisal, or to otherwise interfere with an employee's work.
Discriminate in membership because of race, color, creed, national origin, sex, age, civil service status, political affiliation, marital status, or handicapping condition.
Refuse to bargain in good faith with management.
Fail or refuse to cooperate in impasse procedures or decisions.
Call, or participate in a strike, slowdown, or work stoppage or fail to take action to prevent or stop such activity.
Otherwise fail or refuse to comply with any provision of the Statute.