NATIONAL LABORRELATIONS ACT

EFFECTIVE UNFAIR LABORPRACTICES

Steps in ULP

Step One

If a party believes that an employer or unionhas committed an unfair labor practice, thatindividual (or organization) files a charge withthe NLRB. The charge must be filed within sixmonths of the date on which the alleged unfairpractice occurred.

Step Two

If the case falls within the authority andjurisdiction of the NLRB, the charge is sent toa person who works for the General Counsel.The General Counsel has the responsibility toinvestigate the charge and determine if it hasmerit.

Step Three

After the investigation, the General Counsel mustmake a final decision whether the case does or doesnot have merit as a complaint. If the decision is thatthere is no merit to the case, the charge is dismissed.The party filing the charge can then appeal to theGeneral Counsel or give up. If an appeal is filed andit is sustained, the NLRB will consider the complaint.If the appeal is denied, the case ends. Generally noappeals of this decision may be brought.

Step three con’t

If the party filing the charges wants to, and theGeneral Counsel agrees, the charge can bewithdrawn voluntarily before a no-meritdecision is made.

There are two types of dismissal. Long andshort form.

Step Four

If the case has been found to have merit, theGeneral Counsel (or board agent) will almostalways try to get the parties involved to settlethe case rather than carrying it up to the nextlevel. The vast majority of cases are settled. Ifthe parties don’t agree to settle themselves, theGeneral Counsel may unilaterally adopt anoffer to settle and impose it. The Union will beput in the position to sign on or not.

Step Five

If parties don’t settle and no offer to settle isaccepted by the General Counsel, a formalcomplaint is issued and a hearing is set beforean administrative law judge of the NLRB. Afull hearing is then held in which the NLRBacts as the prosecuting attorney against theparty charged in the complaint. The chargingparty is also entitled to prosecute the case withthe NLRB attorney.

Step Six

When the hearing, is completed theadministrative law judge will make a decisionincluding finding of fact, conclusions of lawpertaining to the situation, and a recommendedorder for the NLRB to issue. Any of the partiesinvolved can appeal this decision.

Step Seven

The case, if appealed, finally comes before theappointed members of the National LaborRelations Board itself. Three of five memberswill serve on a panel that reviews thecomplaint. If the case deals with particularlycomplex or novel issue, all five members ofthe Board may review the case. The boardreviews the written record of the case.

Step Eight

Once the Board has issued a decision, eitherthe person who filed the original complaint orthe person against whom the complaint is filedcan appeal the Board’s decision to the U.S.Court of Appeals. From here the case may beappealed all the way to the U.S. SupremeCourt. If a party fails to follow a valid Boardorder, then the Board can go to the U.S. Courtof Appeals which can order compliance byholding the non-complying party in contempt.

Charges Against Employer

8(a) (1)

To interfere with, restrain, or coerce employeesin exercise of their rights under Section 7 (tojoin or assist a labor organization or refrain).

8 (a) (2)

To dominate or interfere with the formation oradministration of a labor organization orcontribute financial or other support to it.

8 (a) (3)

By discrimination in regard to hire or tenure ofemployment or any term or condition ofemployment to encourage or discouragemembership in any labor organization.

8 (a) (4)

To discharge or otherwise discriminate againstemployees because they have given testimonyunder the Act.

8 (a) (5)

To refuse to bargain collectively withrepresentatives of its employees.

This includes grievance handling, failure to giveinformation requested for bargaining, or anyunilateral changes.

How to file

After the form is filled out sign.

Send original and 4 copies to NLRB toRegional Director. This can be done by fax.

Must send a letter that outlines the specifics ofthe case with the name of witnesses and anydocumentation.

Prep Witnesses

Witnesses must be available to give anaffidavit to the NLRB board agent assigned tothe case.

If the witness is represented a union rep canattend the meeting.

In any case the witness MUST ask for a copyof the affidavit for our records. We need toknow if all the information we need has beenpresented.

PREP WITNESS

WITNESS SHOULD KNOW EXACTLY WHAT YOUBELIEVE THE VIOLATION IS AND WHAT HE NEEDSTO SAY (Exactly what is the illegal action)

MAKE YOUR WITNESS WRITE UP HIS STATEMENTBEFORE HE MEETS WITH THE BOARD AGENT

REVIEW THE STATEMENT WITH THE WITNESSMAKING SURE THEY UNDERSTAND WHAT THEYNEED TO SAY. THE BOARD AGENT WILL ASKQUESTIONS AND MAY NOT ASK THE RIGHTQUESTIONS SO THE WITNESS SHOULD BE PREPAREDTO MAKE SURE THEY PROVIDE THE RELEVANTINFORMATION.

ULP’s when a contract is in effect.

The NLRB has determined in the CollyerInsulated Wire case, that if a collectivebargaining agreement provides for arbitration,the Board will defer unfair labor practicecharges alleging a unilateral change inviolation of Section 8 (a) (5) , that might alsobe a contract violation , to arbitration.

PRESSURE TATICS

OUR FOCUS IS TO CREATE CHARGESUSING 8 (a) 5 VIOLATIONS

CHANGES IN STATUS QUO

INFORMATION REQUESTS

Information Requests

INFORMATION REQUESTS SHOULD BE FILEDOVER MANDATORY SUBJECTS OFBARGAINING AS THE COMPANY MUSTBARGAIN ABOUT AND CAN’T LEGALLYCHANGE WITHOUT AN AGREEMENT ORGOING TO IMPASSE IF BARGAINING ISREQUESTED.

MANDATORY SUBJECTS

WAGES

SEVERANCE

PROFIT SHARING

LEAVES

DISCIPLINE

SUB-CONTRACTING

ACCESS

DISCRIMINATION

DRUG TESTING

SUPER SENIORITY

BENEFITS

OVERTIME

SENIORITY

VACATIONS

SAFETY

DURATION

GRIEVANCE

HOURS

MANAGEMENT RIGHTS

MANDATORY SUBJECTS CONT

CLOSURE NO-STRIKE LOCKOUTS BARGAINING UNIT

WORK WORK LOAD HOUR OF WORK OVERTIME PARKING

UNION SECURITY INCENTIVE PLANS WORK RULES BULLETIN BOARDS REST BREAKS TECHNOLOGY SAFETY SHOES SMOKING RULES OTHERS

INFORMATION REQUESTS

IT IS IMPORTANT TO REQUEST RELEVANTINFORMATION AND DETAILEDINFORMATION . IT IS ALSO IMPORTANT TOTRACK THE INFORMATION AND CHALLENGETHE COMPANY WHEN ALL THEINFORMATION IS NOT SUPPLIED . ALWAYSPUT THE REQUEST IN WRITING AND PUT ADATE YOU WANT THE INFORMATION.

(See examples of requests)

STATUS QUO

IN A NEWLY ORGANIZED UNIT YOU HAVETHE RIGHT TO BARGAIN OVER ANY CHANGETHE COMPANY MAY MAKE.

IN AN ESTABLISHED UNIT IF CHANGES AREMADE DURING BARGAINING YOU HAVE THERIGHT TO BARGAIN OVER ANY CHANGE.YOU MAY HAVE TO ASK FOR BARGAININGOVER THE SUBJECT , MAKE SURE YOUREQUEST THE BARGAING IN WRITING.

EXAMPLES OF CHANGES

SHIFTS SCHEDULES DISCIPLINE TRAINING WORK RULES WORK PRACTICES NEW PROGRAMS CHANGES IN ATTENDANCE TECHNOLOGY OVERTIME IMPLEMENTATION HEALTH CARE 401K

The purpose of these strategies are to help create someleverage in situations where we have a small unit witha national employer. Our belief is the company willget tired of answering voluminous informationrequests and paying legal fees to defend charges ifthey don’t provide the information. If we are effectiveat bargaining over every change in the workplace theway technology is moving it limits the ability of thecompany to operate. Our goal is to have the Companyunderstand this will stop when we have a contract.Combined with mobilization this can be thedifference between getting a contract or a decert.

Created by Marge Krueger, CWAAdministrative Director District 2-13. Many ofthe ideas and information are from theOffensive Bargaining Book by DavidRosenfeld.