• Unfair labor practices refer to any practices that violate the NLRA.
• Both employers and labor organizations may not violate the NLRA.

Unfair labor practices refer to practices that are contrary to the National Labor Relations Act (NLRA), which regulates the relationship between, and practices of, employers, employees, and labor organizations (unions).

The NLRA forbids employers from:

• Interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining, or assisting a labor organization for collective bargaining;
• Engaging in concerted activities; or
• Refraining from any such activity.
  • Labor organizations also may not restrain or coerce employees in the exercise of these rights.

The unfair labor practices of employers are listed in Section 8(a) of the NLRA. Examples of employer conduct that violates the NLRA include:

• Threatening employees with loss of jobs or benefits if they join or vote for a union or engage in protected concerted activity;
• Threatening to close the plant if employees select a union to represent them;
• Questioning employees about their union sympathies or activities in circumstances that tend to interfere with, restrain, or coerce employees in the exercise of their rights;
• Promising benefits to employees to discourage their union support; and
• Transferring, laying off, terminating, or assigning employees more difficult work tasks because they engaged in union or protected concerted activity.

The unfair labor practices of labor organizations are listed in Section 8(b) of the Act. Examples of union conduct that violates the NLRA include:

• Threats to employees that they will lose their jobs unless they support the union’s activities;
• Refusing to process a grievance because an employee has criticized union officers;
• Fining employees who have validly resigned from the union for activity following their resignation;
• Seeking the discharge of employees for not complying with a union shop agreement when they have paid or offered to pay a lawful initiation fee and periodic dues; and
• Refusing referral or giving preference in a hiring hall based on race or union activities.