What are unfair labor practices?
May 23, 2011 · And that's the point: there is no retort. To say that workers have no right NOT to join a union is to say that workers are the slaves of the …
Why is it important to be union-free?
Good Reasons Not to Unionize. Congratulations to the Nissan workers who were alert to these and other perils of unionism. In a representation election held August 3-4, the workers at the Nissan plant in Canton, Mississippi voted 2,244 – 1,307 to remain union-free. The United Auto Workers (UAW) union immediately filed unfair labor practices ...
Is it illegal to discourage or encourage union activities or sympathies?
But employees, employers, and labor organizations file thousands of charges each year called Unfair Labor Practices against unions and union officials. An Unfair Labor Practice (ULP) occurs when a union or an employer violates Section 8 of the National Labor Relations Act. Union members commonly file ULPs against their union because the union failed to fairly represent …
What is unfair treatment in the workplace?
Apr 13, 2015 · Unions use some of these contributions for their strong opposition to Right to Work legislation. RTW restores workers’ rights to choose not to join a union as a condition of employment. This is a...
Why would people not want to join a union?
So why don't more workers join unions? The answer lies in the nation's outmoded labor laws. U.S. labor laws, passed in the 1930s, sound on the face of it like a democratic process: They are set up so workers at a jobsite vote in secret ballot elections to determine if there's enough support to join a union.Sep 5, 2006
Can you be discriminated against for being in a union?
It is unlawful to discourage (or encourage) union activities or sympathies "by discrimination in regard to hire or tenure of employment or any term or condition of employment." For example, employers may not discharge, lay off, or discipline employees, or refuse to hire job applicants, because they are pro-union.
What is it called when union members refuse to work?
Blocking:An NLRB decision not to proceed with an election in a bargaining unit where there are unresolved unfair labor practice charges. Boycott:A concerted refusal to work for, purchase from, or handle the products of an employer.
What is the argument against unions?
“Restrictive union rules will result in a lack of flexibility or competitiveness.” “Unionizing raises the prospect of layoffs or closure.” “It's possible that contract negotiations could make terms of employment worse than they are now.” “Unionizing means you would have to go on strike.”
What to do when your union is not helping you?
If you are still not able to get complete relief or your grievance reinstated, you can file a claim with the nearest office of the National Labor Relations Board (NLRB) or in federal district court.
How do I fight my union?
To file a ULP against a union, a union member must fill out NLRB Form 508. Be advised that the NLRB doesn't have jurisdiction to investigate all unfair employment issues. The NLRB will investigate the allegations and either dismiss the case, seek a settlement from the union, or issue a formal complaint.
What are some examples of unfair labor practices?
Examples include:Refusing to process a grievance because an employee is not a union member.Threatening an employee for filing a ULP charge.Refusing to negotiate in good faith with an agency.Calling, participating in, or supporting a strike, work stoppage, or slowdown.
Can a company refuse to negotiate with a union?
On February 2, 2017, in T-Mobile USA, Inc., the National Labor Relations Board (NLRB) held that it is unlawful for an employer to refuse to bargain over a successor collective bargaining agreement (CBA) with a union that lost majority support.Sep 14, 2021
Can a union protect you from being fired?
Process for Firing Union Employee Employees who are represented by a labor union are protected from unfair treatment by an employer that goes against the terms and conditions of employment outlined in the collective bargaining agreement (CBA).
What are the pros and cons of a union?
Pro 1: Unions provide worker protections.Pro 2: Unions promote higher wages and better benefits. ... Pro 3: Unions are economic trend setters. ... Pro 4: Political organizing is easier. ... Con 2: Labor unions discourage individuality. ... Con 3: Unions make it harder to promote and terminate workers. ... Con 4: Unions can drive up costs.Aug 14, 2018
What are disadvantages of unions?
ConsAnnual dues. Workers often pay 1.5-3% of their salary in union fees.You need skilled negotiators at the helm. ... Limits your individuality. ... Seniority rules. ... Less collaborative work environment.Dec 30, 2019
Are union workers lazy?
IF YOU'VE ever spent time in a union shop, in America at least, it's hard to believe they do. It is not that union workers are lazy, a favourite canard of the right; at least in my experience, union workers are higher quality than you would expect for the job they are doing.Feb 22, 2007
What is an independently successful worker?
They're about power, which comes from numbers, specifically coerced members and their coerced dues. An independently successful worker is an anathema to a union. Their mere existence disproves the necessity of the union.
Is being outraged at teachers unions a sign of being outraged at teachers?
Being outraged at the practices of a teachers union does not correspond to being outraged at teachers. If teachers want higher pay, for example, they need to first grapple with the reality that their union rules prevent higher pay for those teachers most deserving of it.
What is the difference between union free and union-impaired?
Union-free workers are free to excel, while union-impaired workers are chained to a contract. A union contract wage is a ceiling as well as a floor. Moreover, unions promote adversarial relationships between workers and employers, while union-free employers are free to enlist workers as partners in building durable and growing value.
Why should unions be free?
Some Reasons to be Union-Free. Notwithstanding the the view of workers as befuddled by employer coercion and intimidation, there are excellent reasons for workers to choose to be union free. Most workers know this; but employers do no harm when, during election campaigns, they remind workers of the following:
What happens when unions rule?
Finally, when unions rule, individual workers have no voice. Only the unions are permitted to speak. Unwanted unions are third parties that come between employees and their employers. Unions in effect become owners of the labor of any workers who, without their consent, must accept union representation.
Why do people say that workers vote to be union free?
They say that workers vote to be union-free only because they have been tricked by coercive employers to vote against unionization. Employers, it seems, create a false consciousness among poor, fragile, uninformed workers.
What would happen if an employer said a union victory would result in a plant shutdown?
If, for example, an employer said that a union victory would result in a plant shutdown she would be guilty of making a threat of reprisal. Unless, that is, with a tip of the hat to angels on a pin, such a shutdown would beyond the employer’s control.
Why are union free enterprises better than union-impaired counterparts?
Union-free enterprises offer more job security than their union-impaired counterparts because the latter are too sclerotic to adapt quickly to frequently changing global market conditions. As a result, private-sector unions no longer have the ability to raise worker compensation above that received by union-free workers.
What was the market share of the union in 1983?
In 1983 union market share in the private-sector was 16.5%. It has fallen ever since. It was 6.4% in 2016. Union-free workers have consistently revealed their preferences to remain union-free. Unions cannot tolerate such rejection by workers. They assert that it cannot be true that informed workers would reject union.
What is unfair labor practice?
Unfair Labor Practices. When most people think of labor law violations, they probably think of “Big Business.”. But employees, employers, and labor organizations file thousands of charges each year called Unfair Labor Practices against unions and union officials. An Unfair Labor Practice (ULP) occurs when a union or an employer violates Section 8 ...
How to file a ULP against a union?
How to File a ULP. To file a ULP against a union, a union member must fill out NLRB Form 508. Be advised that the NLRB doesn’t have jurisdiction to investigate all unfair employment issues.
Why do unions file ULPs?
Union members commonly file ULPs against their union because the union failed to fairly represent its members. Employees also file ULPs against union leaders for intimidation, coercion, violence, and many other labor law violations.
Why does an employer have to discharge employees?
Causing an employer to discharge employees because they circulated a petition urging a change in the union’s method of selecting shop stewards; Causing an employer to discharge employees because they made speeches against a contract proposed by the union;
Can a union withdraw a complaint?
Union members may also withdraw the complaint. If, after filing a complaint, the union refuses to settle the issue, the case will be heard by an Administrative Law Judge. Depending on the outcome, the NLRB will either issue an order or dismiss the case.
When unions cannot attract new members based on the benefits they offer to workers, do they shift their attention to the
When unions cannot attract new members based on the benefits they offer to workers, union bosses shift their attention to the political sphere. Even though union membership has been falling over the last half century, political contributions by unions have been moving in the opposite direction.
Why don't millennials want to join unions?
Millennials Don’t Want to Join Unions, Here’s Why. Unions are in trouble. Membership is declining, public pension plans are dangerously underfunded, and young workers are not interested in diverting a portion of their paychecks to dues that offer them few benefits in return. Half the states have passed “right to work” legislation that says ...
Why do unions use RTW?
RTW restores workers’ rights to choose not to join a union as a condition of employment. This is a losing battle as 25 states now have RTW laws. To avoid losing business, other states will become RTW.
What percentage of employees were unionized in 1983?
In 1983, the first year in which comparable union membership data are available, 20 percent of employees were unionized. By 1990, 16 percent of employees were unionized. The unionized share currently stands at 11 percent. This prolonged decline has been driven by a sharp drop in private sector unionization rates.
What are the prohibited personnel practices?
The Prohibited Personnel Practices are 11 practices that the federal government is forbidden to take as an employer. In sum, these prohibitions spare federal workers from all manner of workplace indignities.
What makes a career with the federal government so attractive?
One of the elements that makes a career with the federal government so attractive is the myriad rights with which a federal employee is endowed. Most of these rights are codified in Title 5 of the United States Code. As much as Uncle Sam seeks to be a model employer, the realities of the federal workplace and the actions ...
What are the strong protections afforded federal employees called?
The strong protections afforded federal employees are called the Prohibited Personnel Practices. Knowing and understanding these prohibitions is fundamental to safeguarding your rights as a federal employee.
What happens if an employee's performance is judged unacceptable?
If an employee’s performance is judged sufficiently unacceptable, a performance-based removal action can ensue. However, such action cannot be initiated until the employee is given an opportunity to demonstrate acceptable performance.
How long can an employee be suspended for a violation of the Merit System?
The severity of punishment dictates how an employee can proceed: A suspension of 14 days or less cannot be appealed to the Merit Systems Protection Board, while a longer suspension triggers an employee’s right to challenge the penalty’s just cause before the board.
Does the federal government enforce anti-discrimination laws?
However, the federal government has its own method for enforcing anti-discrimination laws. It is a self-policing system that begins with the segregation of federal employees as a class, under Title 7.
Can a manager harass you?
Your manager can harass you for any number of reasons not reflected in your true work. The above is supposed to protect the worker from a bad manager or bad management. Yes, it also protects the less than satisfactory worker. It forces management to document that this worker does unsatisfactory work.
Why is it bad to prohibit salary discussions?
That's because there is no way for employees to gauge wage equality with co-workers if they can't discuss their compensation.
Why is it illegal to talk about your employer on social media?
That's because trying to curtail worker communications can be seen as an illegal attempt to prevent them from unionizing or organizing.
What is non-compete agreement?
These agreements generally stipulate employees can't work for a competitor for a certain period of time after leaving a company.
What are the eight categories of discrimination?
The EEOC prohibits discrimination against workers on the basis of eight broad categories: race, color, religion, sex, national origin, age, disability and genetic information. That means none of these factors, known as protected classes, should be used when making employment decisions, such as hiring, setting compensation and awarding promotions.
Can you work off the clock for Nonexempt?
Nonexempt employees who are covered by the Fair Labor Standards Act can't be asked to do work off the clock. For instance, workers can't be required to do prep work or clean up outside their paid shifts.
Do all workplace laws apply to every business?
Not all workplace laws apply to every business and employee. For instance, some small businesses may be exempt from certain requirements, and managers may not have all the same wage protections as hourly workers. What's more, state laws can vary.
What to do if your company policy doesn't require a written statement?
Even if your company's policy doesn't require a written statement, compose one to help you chronicle the incidents you believe are unfair. Ensure you have the correct names and titles of the people to whom you are addressing the letter, such as the company owner or the HR leader .
Why is it important to write about an encounter?
Often, simply writing about an encounter can help you manage some of the most daunting challenges, especially when the challenges could potentially interfere with your livelihood. Employers have an obligation to provide a work environment that provides equal opportunity for all employees, regardless of factors not related to the job, such as age, ...
