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Tip of the week: Understand employer unfair labor practices

Contemporary Long-Term Care Weekly, March 18, 2010

As with any activities governed by law, labor practices must adhere to the legal mandates stated for both labor unions and management. The National Labor Relations Board (NLRB) has outlined a number of areas that may be construed as unfair labor practices (ULPs). One method that can be used to guide and help prevent ULPs is use of the acronym, “TIPS,” which stands for Threaten, Interrogate, Promise, or Spy. These activities are expressly forbidden under the NLRB.

With employer unfair labor practices, employers may not interfere with, restrain, or coerce union activity in the workplace. Specifically employers may not:

• Dominate and assist in labor unionization – Employers cannot prevent labor representation and create a union based on management dominance
• Discriminate against employees because they are a union member
• Discriminate against nation labor relations activity
• Refuse to bargain in good faith – Bargaining in good faith does not mean the employer has to agree, but it does mean the employer has to come to the table with the intent to bargain seriously
• Engage in hot cargo agreements – It is illegal for employers, at the request of the union, to stop doing business with other employers

This is an excerpt from HCPro’s book, The Long-Term Care Administrator’s Field Guide, by Brian Garavaglia, PhD.

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