Unfair Labour Practices Explained

Zara: Your boss says, “Union talk is fine, I guess,” and then suddenly cuts everyone’s overtime. Uh, yeah, that could be a very big deal. Theo: Especially if the overtime disappears right after the people pushing for a union get warned to knock it off. That is not subtle management. Zara: Welcome to Unfair Labour Practices Explained. I’m Zara, and today we’re answering the basic but crucial question, what actually counts as an unfair labour practice, or ULP? Theo: Plain English version, it’s when an employer or a union violates rights protected by labour law. In the U.S., that usually means rights under the National Labor Relations Act. Zara: For employers, the big buckets are interfering with organizing or bargaining, illegally controlling or helping a union, discriminating because of union activity, retaliating for charges or testimony, and refusing to bargain in good faith. Theo: So, our overtime example. A manager tells pro-union staff, “Keep this up and you’ll lose your preferred shifts.” Then the preferred shifts vanish. That can look like interference and discrimination, not just a scheduling decision. Zara: Right. Context matters. Employers can make normal business decisions, but they cannot use them to punish workers for protected union activity. Theo: And unions can commit ULPs too. They cannot restrain or coerce workers, pressure an employer to discriminate, refuse to bargain, or use illegal strikes or boycotts. Zara: So this is not “employer bad, union good.” It’s about protected rights, and whether someone crossed a legal line. Theo: Next episode, we’ll talk about what to do when you think one happened, because, you know, spotting the smoke is only step one. Zara: See you then, and keep those notes. They can matter.

Zara: Last time, we said an unfair labour practice is conduct that unlawfully interferes with workplace rights, whether it comes from an employer or a union. Today, let's talk union-side trouble, because unions have responsibilities too. Theo: Yep. Being the worker-side organization does not mean a free pass. A union cannot restrain or coerce workers, discriminate, refuse to bargain in good faith, organize unlawful strikes or boycotts, or charge excessive initiation fees. Zara: Scene one: a new employer takes over, and the recognized union says, “We’re not meeting with them. Period.” Is that a problem? Theo: It can be. The facts matter, especially with a new employer, but a flat refusal to bargain in good faith can be a union ULP. You cannot just ghost the bargaining table. That is not strategy. That is, uh, risky. Zara: Scene two: a member supports a rival candidate, and the union selectively disciplines them to punish that support. Theo: Also a red flag. Union discipline has limits. If it is coercive or discriminatory, especially tied to protected workplace rights, it may be unlawful. Zara: In the U.S., the NLRB can issue cease-and-desist orders, require notice posting, and order reinstatement, back pay, or bargaining. File an NLRB charge within six months. Theo: In South Africa, move even faster: refer to the CCMA within 90 days. Remedies can include reinstatement, re-employment, or compensation. Zara: Save texts, emails, meeting notes, fee notices, everything. Dates matter. Theo: And get advice early. Paper trails beat fuzzy memories every time. Zara: Thanks for listening. See you next time... well, after you gather those receipts.