Unfair Labor Practice
An action by an employer or labor union that violates employees' rights under labor relations law, such as interfering with union organizing, retaliating against union supporters, refusing to bargain in good faith, or coercing employees regarding their union choices.
- What Is an Unfair Labor Practice?
- Employer Unfair Labor Practices (Section 8(a))
- Union Unfair Labor Practices (Section 8(b))
- The TIPS and FOE Framework
- How to File a ULP Charge
- Remedies for Unfair Labor Practices
- Recent Trends in Unfair Labor Practice Enforcement
- Unfair Labor Practice Statistics [2026]
- Frequently Asked Questions About Unfair Labor Practices
What Is an Unfair Labor Practice?
Key Takeaways
- ✓An unfair labor practice (ULP) is any action by an employer or union that violates the rights guaranteed to employees under the National Labor Relations Act (NLRA) in the US, or equivalent labor legislation in other countries.
- ✓Employer ULPs include interfering with union organizing, discriminating against union supporters, refusing to bargain in good faith, and retaliating against employees who file charges or testify in NLRB proceedings.
- ✓Union ULPs include coercing employees to join or support the union, causing an employer to discriminate against a non-union worker, and refusing to bargain in good faith.
- ✓The NLRB received over 21,000 ULP charges in fiscal year 2023, with 91% filed against employers, reflecting the significant power imbalance in most workplace organizing situations.
- ✓Remedies for ULPs include cease-and-desist orders, back pay, reinstatement of terminated employees, and requirements to post notices informing employees of their rights.
An unfair labor practice is the legal system's way of saying: you broke the rules of fair play in labor relations. The NLRA gives workers three fundamental rights: the right to organize, the right to bargain collectively, and the right to engage in concerted activities for mutual aid and protection. When an employer or a union violates any of these rights, that's a ULP. The concept exists because the bargaining relationship between employers and workers is inherently unequal. Employers control jobs, paychecks, promotions, and schedules. Without legal constraints, an employer could simply fire anyone who mentions a union, refuse to negotiate with elected representatives, or make working conditions so miserable that organizing becomes impossible. ULP laws prevent this. They create rules of engagement. The employer can argue against unionization. The employer can't threaten, surveil, interrogate, or retaliate against workers who support it. The union can recruit and organize. The union can't threaten or coerce workers into joining. Both sides must bargain honestly once a union is recognized. Filing a ULP charge is free, doesn't require a lawyer, and can be done by any person, not just an employee or union official. The NLRB investigates, and if it finds merit, issues a complaint that can go to an administrative law judge.
Employer Unfair Labor Practices (Section 8(a))
Section 8(a) of the NLRA defines five categories of employer ULPs. These are the most common labor law violations in the United States.
| Section | Violation | Examples |
|---|---|---|
| 8(a)(1) | Interfering with, restraining, or coercing employees in exercising their rights | Threatening plant closure if workers unionize; surveilling union meetings; interrogating employees about union sympathies; creating the impression of surveillance |
| 8(a)(2) | Dominating or interfering with a labor organization | Creating a company-run 'employee committee' that mimics a union; funding or controlling a union; recognizing a favored union without employee support |
| 8(a)(3) | Discriminating against employees for union activity | Firing a union organizer; denying promotion to a union supporter; giving less favorable shifts to workers who signed union cards |
| 8(a)(4) | Retaliating against employees who file charges or testify at NLRB proceedings | Terminating a worker who testified at an NLRB hearing; demoting someone who filed a ULP charge |
| 8(a)(5) | Refusing to bargain in good faith with the employees' certified representative | Making unilateral changes to wages without bargaining; refusing to provide requested information; engaging in surface bargaining (going through motions without intent to agree) |
Union Unfair Labor Practices (Section 8(b))
Unions are also bound by ULP rules. While less common than employer violations, union ULPs carry real consequences.
Restraining or coercing employees (Section 8(b)(1))
A union can't coerce employees into joining or supporting it. Threatening workers who don't sign authorization cards, using physical intimidation on picket lines, or telling workers they'll lose their jobs if they don't join the union are all ULPs. The line between vigorous persuasion and coercion can be blurry, but threats and physical conduct are clearly over it.
Causing employer discrimination (Section 8(b)(2))
A union can't pressure an employer to fire, demote, or discriminate against an employee because of their union activities or lack thereof. If a union demands that an employer fire a worker for not paying union dues (outside of a valid union security agreement), that's a ULP. This section protects workers from being squeezed by both the employer and the union simultaneously.
Refusing to bargain in good faith (Section 8(b)(3))
Just as employers must bargain in good faith, unions must too. A union that refuses to meet, sends unprepared representatives, makes demands it knows the employer can never meet just to provoke a strike, or insists on permissive (non-mandatory) subjects as conditions for agreement commits a ULP. Good faith requires genuine engagement from both sides.
Secondary boycotts and hot cargo agreements (Sections 8(b)(4) and 8(e))
A union can't pressure a neutral third party to stop doing business with the primary employer involved in the dispute. If Union A has a dispute with Company X, Union A can't picket Company Y's premises to pressure Company Y into dropping Company X as a supplier. Nor can the union enter into 'hot cargo' agreements where the employer agrees not to handle goods from a non-union company. These provisions protect businesses from being dragged into disputes they aren't party to.
The TIPS and FOE Framework
Employment lawyers use two acronyms to help managers understand what they can and can't say during union organizing campaigns.
TIPS: what employers can't do
Threaten: Don't threaten to close, relocate, cut pay, reduce benefits, or take any other negative action if employees vote for a union. Interrogate: Don't ask employees about their union sympathies, how they plan to vote, who signed authorization cards, or who attended union meetings. Promise: Don't promise raises, promotions, better conditions, or any other benefit in exchange for opposing the union. Spy: Don't surveil union meetings, monitor union social media activity, photograph picket lines, or create the impression that you're watching union activities.
FOE: what employers can do
Facts: Share factual information about what unionization means, including union dues, strike risks, and the history of the union. Employers can share facts about the company's financial situation. Opinion: Express genuine opinions about unionization. A CEO can say 'I don't think a union would be good for this company' as long as it's not combined with a threat. Experience: Share examples from other companies where unionization led to specific outcomes. The key is sticking to verifiable facts and genuine opinions without crossing into threats, interrogation, promises, or surveillance.
How to File a ULP Charge
The process for filing and resolving ULP charges is straightforward, but timelines are critical.
Filing the charge
Anyone can file a ULP charge with the nearest NLRB Regional Office. The charge must be filed within six months of the alleged violation. This deadline is strict. The charge is filed on NLRB Form 501 (employer ULP) or Form 508 (union ULP). You don't need a lawyer. The form requires the name and address of the charged party, a brief description of the alleged violation, and the date it occurred. Electronic filing is available through the NLRB's website.
Investigation
An NLRB field agent investigates the charge by interviewing witnesses, reviewing documents, and gathering evidence. The investigation typically takes 7 to 14 weeks. During this period, the NLRB may encourage the parties to settle. About one-third of all charges are withdrawn or settled before a formal complaint is issued. If the Regional Director finds insufficient evidence, the charge is dismissed. The charging party can appeal the dismissal to the NLRB General Counsel.
Complaint and hearing
If the investigation finds merit, the Regional Director issues a formal complaint. The case goes to an administrative law judge (ALJ) who conducts a trial-like hearing. Both sides present witnesses and evidence. The ALJ issues a decision and recommended order. Either party can appeal to the full NLRB Board in Washington, D.C. The Board's decision can then be appealed to a federal circuit court.
Remedies for Unfair Labor Practices
The NLRB's remedial powers are designed to restore the status quo, not to punish. This is both a strength and a limitation of the system.
| Remedy | When Applied | Effectiveness |
|---|---|---|
| Cease-and-desist order | All ULP findings | Tells the violator to stop. Limited deterrent effect. |
| Notice posting | All ULP findings | Employer must post notices informing employees of their rights. Raises awareness but doesn't undo harm. |
| Back pay | Discriminatory discharge or demotion | Employee receives wages lost from the date of termination to reinstatement, minus interim earnings. |
| Reinstatement | Discriminatory discharge | Employee returns to their former position or substantially equivalent one. |
| Bargaining order | Severe 8(a)(1) or 8(a)(5) violations | Employer must recognize and bargain with the union even without a formal election. |
| Gissel bargaining order | Employer misconduct so severe it prevents a fair election | Rare. Employer must bargain based on authorization card majority. |
| Make-whole relief | Various situations | Restore the employee to the position they would have been in absent the ULP (includes lost benefits, opportunities). |
Recent Trends in Unfair Labor Practice Enforcement
ULP enforcement has shifted significantly in recent years, reflecting changes in the labor market and NLRB priorities.
Surge in ULP charges
ULP charges filed with the NLRB increased from about 18,000 in FY 2021 to over 21,600 in FY 2023. This tracks with the broader rise in union organizing activity. As more workers attempt to organize (particularly at companies like Amazon, Starbucks, Trader Joe's, and Apple), employer resistance generates more ULP charges. The NLRB has requested additional funding to handle the growing caseload.
High-profile cases
The NLRB found that Starbucks committed over 200 ULPs across dozens of stores during workers' organizing efforts in 2022-2023, including firing union supporters, closing unionized locations, and withholding benefits from unionized stores. Amazon faced ULP complaints related to surveillance, mandatory anti-union meetings, and retaliation. These cases have drawn public attention to labor law enforcement and highlighted the gap between existing penalties and the financial resources of large employers.
Expanded remedies
NLRB General Counsel Jennifer Abruzzo has pushed for broader remedies including consequential damages (covering medical bills, credit damage, and other harms caused by illegal termination), broader make-whole relief, and seeking injunctive relief in federal court under Section 10(j) to get faster preliminary relief while cases are pending. The Cemex decision (2023) established that if an employer commits ULPs that prevent a fair election, the NLRB can issue a bargaining order without an election.
Unfair Labor Practice Statistics [2026]
Data on the scope and impact of ULP enforcement in the United States.
Frequently Asked Questions
Can my employer fire me for supporting a union?
What's the penalty for committing a ULP?
Can a union commit an unfair labor practice?
How long does it take to resolve a ULP case?
Does the NLRA cover all workers?
What should I do if I think my employer committed a ULP?
Written by Adithyan RK