Labor & Employment Law
Unfair Labor Practices
Unfair labor practices (ULPs) occur when employers or labor unions violate employee rights protected under federal and state labor laws. These protections ensure employees can unionize, engage in collective bargaining, and participate in protected concerted activities without fear of retaliation. Key laws governing ULPs include the National Labor Relations Act (NLRA), which covers most private-sector employees, and the Public Employee Relations Act (PERA), which protects public-sector employees in Florida.
Examples of unfair labor practices by employers include interfering with employees’ rights to unionize, refusing to bargain collectively with a union, retaliating against employees for filing ULP claims, or discriminating based on union membership. Labor unions can also commit ULPs by failing to fairly represent employees, engaging in bad-faith negotiations, or supporting strikes that violate collective bargaining agreements.
Protected concerted activities include collective bargaining, discussing wages and working conditions, and advocating for improved workplace standards. Employees cannot be fired for legally attempting to unionize. However, these protections are lost if the actions are unlawful or disrupt the workplace.
Damages for ULPs may include reinstatement to employment, back pay, benefits, and attorneys’ fees. Filing deadlines are strict, with a six-month window to submit claims under both the NLRA and PERA. Employees in Florida also benefit from the “right to work” law, which prohibits unions and employers from requiring union dues as a condition of employment.
Understanding your rights under ULP laws and taking timely action can protect you from unfair treatment in the workplace.
Unfair Labor Practices Frequently Asked Questions
An unfair labor practice (ULP) is conduct by your employer or labor union that violates certain employee rights protected by federal and/or state law.
Key Laws:
- National Labor Relations Act (NLRA): Protects most private sector non-supervisory employees
- Public Employee Relations Act (PERA): Protects most state, county and local government employees in Florida
An employer commits an unfair labor practice when they:
- Interfere or restrain employee rights to unionize or engage in protected concerted activity
- Refuse to bargain collectively with the union
- Retaliate against an employee for filing an unfair labor practice claim
- Discriminate based on an employee’s union or non-union membership
- Participation in collective bargaining
- Discussing wages with co-workers, including improving pay for workers
- Discussing working conditions with co-workers
Important Notes:
- Activity can be verbal or written
- Social media conversations may be considered “concerted activity”
- Protection is lost if conduct is unlawful or creates workplace disruption
No. It is an unfair labor practice for an employer to take adverse action against an employee who tries to legally unionize the workforce.
You can file unfair labor practice claims against unions for:
- Not negotiating in good faith with an employer
- Calling for or supporting a strike or any work slowdown
- Forcing an employee to participate in practices that violate the collective bargaining agreement
- Not fairly representing an employee in the bargaining unit
No. The Florida Constitution guarantees the “right to work,” and neither a union nor an employer can force you to pay union dues as a condition of employment. Even without paying dues, you are protected by the union contract if you’re part of the bargaining unit.
Private Sector (NLRB):
- Reinstatement to employment
- Back pay and benefits
- Workplace notice posting
Public Sector (PERC):
- Reinstatement to employment
- Back pay
- Attorneys’ fees
Strict time deadlines apply. Both the NLRA and PERA require ULP claims to be filed within six months of the unfair labor practice.