Unfair Labor Practice by Another State in Arkansas Union
An unfair labor practice is a violation of specific provisions of the laws administered by the National Labor Relations Board (NLRB), and state laws, which vary by state, that may be committed by either the employer or the union. Unfair labor practices by management were largely outlawed by the National Labor Relations Act. Unfair labor practices by labor unions were largely outlawed by the Taft-Hartley Act.
For example, it is illegal for management to threaten or retaliate against employees for seeking union representation or to refuse to provide a union information that the law requires the agency to provide. Similarly, unions may not try to influence management to discipline employees who did not join the union or refuse to represent employees because they are not union members. Neither an agency nor a union may refuse to bargain with the other in good faith.
The judicial arm of the NLRB becomes involved when there is a dispute about the conduct of the employer or the union during a union election campaign or during bargaining. The General Counsel investigates the charge to determine if it is valid and should be pursued. The charge can become a local level complaint at this stage, or can be dismissed. The great majority of charges filed with the NLRB are settled or withdrawn at the stage when investigation has been completed, before a complaint has been issued.
If a complaint is filed, the case is heard before an Administrative Law Judge, part of the judicial branch of the NLRB. The Administrative Law Judge's decision on the case is then adopted by the Board. If exceptions are made, the transcript, briefs, and other documentation of the case are all sent to the Board in Washington for a decision. The NLRB rarely hears oral arguments; it usually making decisions based on the documentation from the Administrative Law Judge.