What is an "unfair labor practice"?

An "unfair labor practice" specifically refers to actions taken by employers or unions that infringe upon the rights of employees or violate the provisions established by the National Labor Relations Act (NLRA). This concept is rooted in the protection of workers' rights to organize, collectively bargain, and engage in concerted activities for mutual aid or protection.

The NLRA outlines a range of behaviors considered unfair labor practices, including but not limited to employer discrimination against employees for union involvement, retaliation against employees who file unfair labor practice charges, or unions engaging in coercive activities against members regarding their rights. By ensuring these rights are safeguarded, the law promotes fair and just labor practices.

In contrast, actions taken by employees that violate labor agreements do not fall under the category of unfair labor practices since these actions pertain to employee behavior rather than employer or union actions. Legal suits related to labor law may cover broader disputes but are not specifically defined as unfair labor practices. Similarly, the refusal to negotiate during collective bargaining can sometimes be a strategic move or a position in negotiations, but it may not necessarily qualify as an unfair labor practice under the legal standards set forth in the NLRA unless it meets specific criteria related to bargaining in good faith.