Labor Relations – Defense of Unfair Labor Practices

Home/Practice Areas/Labor Relations – Defense of Unfair Labor Practices

Legal Defense of Unfair Labor Practice Charges: In response to an employer’s violation of the National Labor Relations Act, also known as an Unfair Labor Practice, the National Labor Relations Board can nullify the results of an election where the employer has defeated the union. To remedy an Unfair Labor Practice, the National Labor Relations Board may even force an employer to rehire a terminated employee(s) with back pay and benefits.

A union views every employer mistake as an opportunity. To further the union’s organizing agenda its counsel, on behalf of employees, may also file charges with the National Labor Relations Board alleging the Employer’s violation of the National Labor Relations Act.

As part of the legal services it provides to employers targeted by unions, CE Smith Law Firm will vigorously defend an employer in proceedings before the National Labor Relations Board, in response to charges filed either by employees or their union proxies.

Pro-Active Management Training: The best defense against an Unfair Labor Practice Charge begins with thorough training of the management team to respond lawfully to union organizing activity from the very outset. Proper training of the management team insures that the Employer may continue to control and manage its business in the face of union organizing, oppose unionization by all legal means, and defend itself against baseless charges that are politically motivated. CE Smith Law Firm can provide your Company’s management team with the training that it needs to remain labor-law compliant even as it actively resists unionization by all legal means.

Without proper legal guidance and training, employers may and often do violate the National Labor Relations Act by engaging in any of the following unlawful acts:

1. Typical Employer Mistakes in a Counter-Union Campaign – Unlawful Interference: It is an Unfair Labor Practice for an employer to interrogate employees about their union beliefs, or to threaten employees, or to spy on employees, or to promise employees better wages and benefits to discourage union organizing or, to otherwise “interfere with, restrain or coerce employees” in the exercise of their rights under the National Labor Relations Act, as set forth in section 8(a)1 of the National Labor Relations Act;

2. A “Company union” is illegal – Unlawful Domination: It is an Unfair Labor Practice for an employer to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it, as set forth in section 8(a)2 of the National Labor Relation Act;

3. Retaliatory Discharge – Unlawful Discrimination: It is an Unfair Labor Practice for an employer to discharge or otherwise discriminate against employees in regard to hire or tenure of employment or any term or condition of employment for the purpose of encouraging or discouraging membership in a labor organization, as set forth in section 8(a)3 of the National Labor Relations Act. It is also an Unfair Labor Practice for an employer to discharge or otherwise discriminate against an employee because he has filed charges or given testimony under the Act, as set forth in section 8(a)4 of the National Labor Relations Act;

4. Refusal to Bargain in Good Faith: It is illegal for an employer to bargain in good faith about wages, hours and other conditions of employment with the representative selected by a majority of employees in a unit appropriate for collective bargaining, as set forth in section 8(a)5 of the National Labor Relations Act.

CE Smith Law Firm will provide your Company with the legal guidance and support it needs to lawfully resist the union’s organizing agenda.