Unfair Labor Practices

To protect employees’ rights to self-organization and give collective bargaining a chance to work, the NLRA prohibits certain actions by employers and unions. The first category of employer ULP-interfering with, restraining, or coercing employees in the exercise of their NLRA rights-encapsulates employers’ legal obligations under the NLRA. The remaining employer ULPs are elaborations on this general requirement. The prohibition against employer domination of a labor organization or interference in its administration needs explanation.
The underlying notion is that to be bona fide employee representatives, labor organizations must be independent of employers. This requirement of independence holds not just for labor unions but also for labor organizations of any kind. The definition of labor organization under the NLRA is broad. A labor organization is any organization or employee representation committee which exists for the purpose of dealing with employers concerning grievances, wages, hours of employment, or conditions of work.
Clearly, employers are prohibited from creating or controlling “company unions” that do not genuinely represent employees’ interests. But the NLRA also has implications for employee involvement groups and work teams. Employee involvement takes many forms, but typically involves groups of employees interacting in some fashion with managers to discuss production, safety, and other issues. The NLRA comes into the picture because employee involvement groups can be deemed “labor organizations” dealing with employers regarding employment matters.
And if the groups are labor organizations, they will almost certainly be considered “dominated” because they are initiated by employers. Thus, their existence can violate the NLRA. One unionized employer violated the NLRA by setting up company-dominated employee involvement teams that dealt with such issues as safety and benefits. Furthermore, the NLRB concluded that the employer was bypassing the employee’s representative and not meeting its legal obligation to bargain only with the union on these issues.

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