Unfair Labor Practices Flashcards
(10 cards)
What are the nine ULP acts of an employer?
In summarized form, the nine U.L.P. acts of an employer under Art. 248 are:
(1)Interference,
(2) “yellow dog” condition,
(3) contracting out,
(4) company unionism,
(5) discrimination,
(6) discrimination because of testimony,
(7) violation of duty to bargaining,
(8) paid negotiation, and
(9) violation of CBA.
Article 248. Unfair labor practices of employers. – It shall be unlawful for an employer to commit any of the following unfair labor practice:
(a) To interfere with, restrain or coerce employees in the exercise of their right to
self-organization;
(b) To require as a condition of employment that a person or an employee shall not join a labor organization or shall with-draw from one to which he belongs;
(c) To contract out services or functions being performed by union members when such will interfere with, restrain or coerce employees in the exercise of their rights to self-organization;
(d) To initiate, dominate, assist or otherwise interfere with the formation or administration of any labor organization, including the giving of financial or other support to it or its organizers or supporters;
(e) To discriminate in regard to wages, hours of work and other terms and conditions of employment in order to encourage or discourage membership in any labor organization. Nothing in this Code or in any other law shall stop the parties from requiring membership in a recognized collective bargaining agent as a condition for employment, except those employees who are already members of another union at the time of the signing of the collective bargaining agreement. Employees of an appropriate bargaining unit who are not members of the recognized collective bargaining agent may be assessed a reasonable fee equivalent to the dues and other fees paid by members of the recognized collective bargaining agent, if such nonunion members accept the benefits under the collective bargaining agreement:
Provided, that the individual authorization required under Article 242, paragraph (o) of this Code shall not apply to the nonmembers of the recognized collective bargaining agent;
(f) To dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under this Code;
(g) To violate the duty to bargain collectively as prescribed by this Code;
(h) To pay negotiation or attorney’s fees to the union or its officers or agents as
part of the settlement of any issue in collective bargaining or any other dispute; or
(i) To violate a collective bargaining agreement.
when is the questioning of an employee concerning his union activities not deemed coercive?
the employee must be informed of the purpose of the questioning, assured that no reprisal would take place, and his participation obtained on a voluntary basis. In addition, questioning must also occur in a context free from employer hostility to union organization and must not itself be coercive in nature.
Are ULP cases subject to compromise?
in view of the public interest involved unfair labor practice cases are not subject to compromises.
What are examples of interference as a ULP?
Interrogation
Prohibiting Organizing Activities
Violence or Intimidation
Espionage and Surveillance
Economic Inducements
Employer’s Expression of Opinion; Totality of Conduct Doctrine
Mass Layoff Amounting to U.L.P.
Lockout or Closure
Sale in Bad Faith
What are yellow dog contracts?
Contract provisions whereby an employee agrees that during the period of his employment he will not become a member of a labor union
The “yellow dog” contract is a promise
exacted from workers as a condition of
employment that they are not to belong
to, or attempt to foster, a union during
their period of employment.
What are the usual provisions in a yellow dog contract?
the typical yellow dog contract is an at-will employment agreement which contains, in addition to the usual provisions for employment, the following three provisions:
(1) a representation by the employee that he is not a member of a labor union;
(2) a promise by the employee not to join a labor union;
(3) a promise by the employee that, upon joining a labor union, he will quit his employment.
When would contracting out become a ULP?
An employer’s contracting out of work is
itself an unfair labor practice where
motivated by a desire to prevent his
employees from organizing and selecting
a collective bargaining representative, rid
himself of union men, or escape his
statutory duty to bargain collectively with
his employees’ bargaining representative.
What is a Runaway Shop?
“runaway” shop is defined as an industrial plant moved by its owners from one location to another to escape union labor regulations or state laws, but the term is also used to describe a plant removed to a new location in order to discriminate against employees at the old plant because of their union activities.
Domination of a labor union usually
manifests in the following forms:
(a) Initiation of the company union idea. This may further occur in three styles: (1) outright formation by the employer or his representatives; (2) employee formation on outright demand or influence by employer; and (3) managerially
motivated formation by employees.
(b) Financial support to the union. An employer commits unfair labor practice if he defrays the union expenses or pays the attorney’s fees to the attorney who drafted the constitution and by-laws of the union.
(c) Employer encouragement and assistance. Immediately granting the union exclusive recognition as a bargaining agent without determining whether the union represents the majority of employees is an illegal form of assistance amounting to unfair labor practice.
(d) Supervisory assistance. This takes the form of soliciting membership, permitting union activities during working time or coercing employees to join the union by threats of dismissal or demotion.
