The Fair Labor Standards Act

Don’t be victimized by Unions!

When we hear about unfair labor or labor law violations we might automatically think big business. When big corporations violate the National Labor Relations Act (NLRA) it makes the news. However, when a Union violates the laws it doesn’t make the headlines quite like big corporations can.  Unions are meant to give a voice to employees about benefits, work hours, working conditions, wages, job training, and many other workplace issues.  It seems ironic that unions would then violate labor laws when they are instituted to ensure employees are being treated fairly.

Unfair LaborEven the 2010 Annual fiscal report by the National Labor Relations Board reported the number of alleged unfair labor practices was higher among unions rather than employers. In fact, according to the annual report, Unions faced an alarming number of 6,338 alleged unfair labor violations by employees they were meant to represent.

Examples of Unfair Labor Practices By Unions

What constitutes unfair labor practices by unions? In section 8 of the National Labor Relations Act it lists the manner in which unions can violate the NLRA:

  • Barring non striking employees from entering the workplace
  • Threatening the loss of jobs if any employees refuse to support union activities.
  • Penalizing employees for participating in anti-union activities.
  • Coercing an employer to discriminate against an employee in order to encourage or discourage union membership.
  • Convincing an employer to hire unneeded workers, assign unnecessary work, or limit/stop production. This is called featherbedding.
  • Participating in coercive actions for illegal purposes such as strikes or boycotts.
  • A non-certified union threatening to picket an employer to force their hand at recognizing or bargaining with that union or forcing the workers to accept their representation, if  1) the workers are already represented by another union, 2) if within the past year a legitimate election was held, or 3) the union failed to file a petition with the NLRB within 30 days of picketing.
  • Threats or acts of violence towards employees in order to  persuade them to vote a union in. Like this case in Pennsylvania when two union employees allegedly threatened to beat up nursing aides if they voted against the union.

At the Law Offices of Thomas More Holland, we believe employees should be treated fairly by their employers and their unions. If you’ve been a victim of  unfair labor practices by your union representatives, and you’re in need of an attorney to help you with your claim, contact TMH Law today!


Related Tags: Unfair Labor | Unfair Labor Practices