What is unfair labor practice?

Unfair labor practice refers to actions by employers or unions that violate employee rights under labor laws. These rights include the ability to organize, bargain collectively, and act together for mutual benefit. 

When employers interfere with these rights—such as by threatening, spying on, or retaliating against employees—it’s considered an unfair labor practice, or ULP, as defined by the National Labor Relations Act (NLRA).

These practices are not limited to just employers. Labor unions can also commit unfair labor practices by coercing employees, refusing to negotiate in good faith, or discriminating against workers who oppose the union. In both cases, these behaviors undermine trust, disturb workplace balance, and violate federal protections designed to ensure fair treatment.

The National Labor Relations Board (NLRB) enforces the NLRA, and employees or unions can file charges if they believe unfair work practices are happening. These complaints are taken seriously and, if validated, can lead to corrective action, financial penalties, and reputational harm for the employer or union involved.

Understanding unfair labor practices and working conditions is critical for both compliance and culture. Whether it’s preventing a  strike or correcting unfair workplace practices before they escalate, employers and HR leaders must stay informed. 

Key takeaways from the blog

• Unfair labor practices can be committed by both employers and unions, affecting employee rights and organizational integrity.
• Recognizing early signs of unfair workplace practices helps HR prevent legal trouble and build trust across teams.
• Proactive documentation, transparent communication, and fair policies are key to avoiding ULP strikes and labor board disputes.

Examples of unfair labor practices by employers

Unfair labor practices by employers can quietly erode employee trust and create serious legal issues if left unchecked. These behaviors, whether intentional or not, interfere with workers’ rights to organize, speak up, or act collectively. Here are five real-world examples of employer actions that the labor board considers violations.

1. Threatening employees over union involvement

Employers cannot intimidate employees for supporting or joining a union. If a manager warns someone they’ll be fired or demoted for participating in union activity, that’s a textbook unfair labor practice. These threats silence voices and violate federal protections.

2. Spying or pretending to spy on workers

Setting up surveillance (or even suggesting it) to monitor union meetings or discussions is illegal. It creates a climate of fear and mistrust. The mere perception of being watched can discourage employee organizing—making this one of the more subtle unfair workplace practices.

3. Firing or disciplining employees for organizing

Retaliating against an employee for union activity—whether it’s a firing, demotion, or warning letter—can lead directly to a ULP strike or charge, which are unfair labor practices prohibited . This not only violates workers' rights but also signals a culture that punishes collective action.

4. Offering incentives to avoid unionizing

It may seem harmless, but giving raises, promotions, or perks in exchange for not joining a union is a violation. These offers undermine fair labor standards by using reward-based coercion to discourage membership in union efforts.

5. Refusing to bargain in good faith

Even after a union is recognized, some employers stall or avoid negotiations. Tactics like canceling meetings or bringing unreasonable proposals break legal obligations. This delay tactic weakens union representation and reflects unfair work practices.

Examples of unfair labor practices by unions

Unfair labor practices aren’t exclusive to employers—unions and labor organizations can cross the line too. While unions are meant to protect and advocate for workers as their bargaining representative , their actions must also respect labor laws and individual rights. When unions overstep, it can harm employees and disrupt employer relationships. 

Let’s look at some common examples of union-related unfair labor practices.

Forcing employees to join or pay dues

Unions can’t pressure employees to become members or coerce them into paying dues beyond legal requirements. In right-to-work states especially, compelling workers to join or contribute financially is considered an unfair labor practice and can lead to legal disputes.

Refusing to process a grievance

A union must fairly represent all members—whether or not they’re vocal supporters. Ignoring or refusing to process a legitimate grievance because of personal bias or internal politics violates fair representation standards and labor board expectations.

Picketing unlawfully

While picketing is a legal form of protest, doing it at the wrong time (like during contract negotiations) or in a way that blocks access or intimidates others can cross the line. These actions could trigger a ULP strike or legal intervention.

Threatening workers who oppose the union

If a union or its reps threaten or intimidate employees for choosing not to support it, that’s an unfair workplace practice. Every worker has the right to choose, and coercion—verbal or physical—is a serious legal red flag.

Refusing to bargain with the employer

Just like employers, unions are legally required to negotiate in good faith. If a union refuses to meet, cancels talks without reason, or uses stalling tactics, it risks being charged with unfair labor practices and hurting its credibility.

Top signs of unfair labor practices employees might report

Employees may not always know the legal terms, but they feel when their rights are being ignored. Knowing these signs helps HR act before issues spiral. Here are seven key warning signs employees may report when unfair labor practices are in play:

• Sudden demotions after union discussions: If an employee gets demoted or has responsibilities taken away shortly after engaging in union-related conversations, it's a potential sign of retaliation. Workers are protected when discussing organizing efforts, and punishment for doing so violates labor rights.
• Being discouraged from filing complaints: When employees are warned, hinted, or told not to file complaints with HR or external bodies like the labor board, it raises serious concerns. Silencing employees or blocking their access to complaint channels is a classic unfair labor tactic.
• Exclusion from meetings or communications: Deliberately excluding certain employees from key meetings, updates, or decision-making—especially after they’ve spoken up—can be a subtle form of retaliation. Consistent exclusion without valid reason often signals unfair workplace practices.
• Unexplained shift changes or location transfers: If an employee suddenly gets reassigned to night shifts or moved to a less favorable location with no operational need, it might be more than bad luck. Targeted schedule or location changes are red flags for unfair labor behavior.
• Inconsistent disciplinary actions: When two employees break the same rule but receive wildly different punishments—especially if one is more vocal or involved in union activity—it hints at bias. Inconsistent discipline often underlies systemic unfair labor practices.
• Mysterious cancellations of promised raises or promotions: If promised raises, bonuses, or promotions disappear after someone speaks up about conditions or policies, it might be a quiet punishment. This type of backtracking, especially without transparency, is a sign employees should report.
• Restricted access to HR or legal support: If HR doors seem to shut, calls go unanswered, or legal support becomes “unavailable” after someone raises concerns, that’s more than inconvenient. It’s a clear signal that the organization may be trying to suppress or stall labor complaints.

Legal consequences of unfair labor practices for employers

Unfair labor practices aren’t just bad for morale—they can be seriously expensive, legally messy, and publicly embarrassing. Employers who sidestep fair labor laws often face consequences that go beyond a slap on the wrist. Let’s walk through five ways these missteps with an aggrieved party can come back to bite.

• Labor board investigations and hearings: When an unfair labor practice (ULP) charge is filed, the labor board—such as the National Labor Relations Board (NLRB) in the U.S.—can launch a formal investigation. If they find merit, employers may be summoned for hearings and legal proceedings, which are both time-consuming and reputation-damaging.
• Reinstatement and back pay orders: Employers found guilty of wrongful termination or demotion tied to union activity or protected employee rights can be forced to rehire the affected worker. On top of that, they may have to issue back pay, covering lost wages and benefits from the time of termination to reinstatement.
• Court-issued injunctions and cease orders: If the unfair labor practices are severe or repeated, courts can step in to issue injunctions. These legally bind employers to stop specific behaviors immediately—such as coercion, retaliation, or union interference—or face contempt charges.
• Financial penalties and settlements: Besides back pay, employers can be liable for civil penalties, legal fees, and large settlement payouts. These costs escalate quickly, especially in class-action scenarios or where multiple employees are impacted by unfair workplace practices.
• Public damage to employer brand: Legal consequences aside, getting flagged for unfair workplace practices or involved in a ULP strike can severely harm your company’s public image. Candidates may avoid applying, and customers may question the company’s ethics, affecting long-term growth and trust.

How HR can prevent unfair labor practices before they start?

Preventing unfair labor practices isn’t just a legal checkbox—it’s a culture-defining move that HR can lead with clarity and foresight. When human resources teams take proactive steps, they reduce risk, build trust, and create a workplace where rights and responsibilities are respected from day one. 

Here’s how HR can stay ahead of unfair work practices:

• Build clear, accessible policies: Establish and regularly update HR policies that outline fair labor standards, employee rights, and expectations from labor management relations. These policies should be easy to understand and readily available to all staff, removing confusion and minimizing misinterpretation of labor laws or company practices.
• Train managers on labor laws: Many unfair labor practices happen not out of malice, but ignorance. HR should provide training sessions that educate managers and supervisors on labor board regulations, employee protections, and what actions could unintentionally lead to ULP complaints or unfair treatment claims.
• Maintain consistent documentation: Transparent and consistent documentation of performance, promotions, terminations, and grievances helps avoid false or misleading statements. HR should guide teams in keeping fair, objective records that show decisions were based on merit—not on bias or retaliation.
• Create anonymous reporting channels: Giving employees a way to report concerns privately helps HR identify early signs of unfair workplace practices. Whether it's through digital forms or external hotlines, anonymous tools encourage employees to speak up before things escalate.
• Foster open communication and trust: A culture of open dialogue between staff, managers, and HR discourages fear and resentment. Encourage regular check-ins, feedback loops, and clear messaging that workers can safely voice concerns without risking retaliation or dismissal.

How to handle employee complaints related to labor rights?

Employee complaints about labor rights can be tricky, especially when emotions are high and trust is shaky. But how HR handles them can make or break the organization’s culture—and its legal standing. A calm, clear, and fair approach ensures employees feel heard while the company stays protected. Here are five ways to handle these complaints the right way:

• Acknowledge complaints promptly: Never ignore or delay a response to a labor rights complaint. Whether verbal or written, acknowledging it quickly signals to the employee that their concern matters. Even a simple “We’ve received your concern and are reviewing it” can help maintain trust in the process.
• Investigate with neutrality: Approach every complaint objectively—no favorites, no assumptions. Use a consistent investigation process, interview relevant parties, gather facts, and document everything. The goal is to uncover the truth, not to protect reputations or sweep issues under the rug.
• Keep the employee informed: Employees don’t need every investigative detail, but they do deserve updates. Regularly check in to let them know where things stand. Keeping them in the loop prevents frustration and shows your HR team isn’t brushing aside their concerns.
• Ensure non-retaliation: Employees must feel safe when reporting unfair labor practices. Reinforce your non-retaliation policy before, during, and after the investigation—and take swift action if anyone retaliates. Without this assurance, future complaints may never see daylight.
• Use findings to improve policy: Once the complaint is resolved, don’t file it and forget it. Review what went wrong, identify gaps in current policies or processes, and use that feedback to prevent similar issues. Every complaint is a chance to strengthen your workplace culture and compliance.
• Provide training and awareness: Many labor rights complaints stem from misunderstandings. Regularly train managers and employees on labor laws, internal policies, and reporting channels. Awareness reduces violations and ensures everyone knows their rights and responsibilities.
• Involve external expertise when needed: Some cases may require specialized legal or compliance input. Don’t hesitate to bring in outside experts or mediators when issues are complex. This demonstrates seriousness, protects the company, and ensures the resolution is fair and compliant.

The role of documentation and policy in protecting against claims

A well-documented workplace isn’t just neat—it’s legally smart. When claims of unfair labor practices arise, documentation and clear policies can be your best defense. They don’t just protect the company—they also create transparency, build trust, and help resolve disputes quickly. Here’s how documentation and policy play a major role in shielding your workplace:

• Provides a clear trail of events: Documenting meetings, complaints, investigations, and decisions creates a factual timeline. If an employee files a claim, this timeline shows what happened—and when—making it harder for facts to be misrepresented.
• Clarifies company expectations: Policies spell out acceptable behavior, employee rights, and the steps for resolving conflicts. When policies are clear and accessible, it’s easier to prove that fair standards were communicated and applied consistently.
• Supports consistent enforcement: Having a policy is great, but applying it consistently matters even more. Documentation ensures actions taken—like warnings or promotions—align with policy and aren’t viewed as biased or retaliatory.
• Strengthens your legal defence: If you land in front of a labor board or in court, documentation and written policies are evidence—not just intentions. They show that your company followed legal guidelines and took fair, structured action.
• Reduces misunderstandings: When roles, rights, and procedures are documented, it limits confusion. Employees know what to expect, and managers know how to act—keeping expectations aligned and frustrations in check.
• Promotes proactive HR practices: Well-documented trends can reveal deeper issues—like repeated complaints against the same manager. This allows HR to intervene early, before concerns snowball into legal claims or employee exits.
• Builds employee trust and credibility: When employees see policies being followed and complaints properly documented, they feel safer speaking up. This helps create a culture of fairness, where accountability goes both ways.

The importance of transparent communication and employee trust

Transparent communication isn’t just about telling employees what’s going on—it’s about showing them they matter. When teams feel included and informed, trust grows. And when trust is strong, so is the commitment to the company’s goals, policies, and people.

• Reduces rumors and confusion: Silence breeds speculation. Being upfront about decisions, changes, or issues keeps false narratives in check and ensures everyone’s on the same page—without relying on the office grapevine.
• Boosts employee confidence in leadership: When leaders consistently communicate with clarity and honesty, employees are more likely to believe in their vision. It creates credibility, which helps smooth over even though messages.
• Encourages honest feedback from employees: Trust is a two-way street. Open communication invites employees to share concerns or ideas without fear, helping HR and leadership prevent unfair workplace practices before they escalate.
• Builds a stronger sense of belonging: Employees want to feel seen and heard. When communication flows openly and their voices are acknowledged, it fosters a stronger connection with the company culture and mission.
• Supports early resolution of conflicts: Misunderstandings left unchecked can spiral. Transparency helps uncover issues early, allowing for respectful discussion and timely resolutions—before they turn into formal complaints or claims.

Best practices from organizations that prioritize fair labor standards

Organizations that take fair labor standards seriously don’t just reduce risk—they build better workplaces. Their actions speak louder than policies, setting examples that ripple across industries. Below are practices companies use to stay ethical, legally compliant, and genuinely people-first.

• Consistent labor compliance audits: Top employers conduct regular internal audits to check for wage issues, scheduling violations, or bias in promotions. These check-ins help fix gaps before the labor board or employees call them out.
• Clear and updated workplace policies: They invest time in building policies that are simple, accessible, and reviewed annually. These aren’t documents gathering dust—they’re living guides employees actually use to understand their rights.
• Robust reporting systems: They make it easy and safe for employees to report unfair work practices anonymously. Whether it’s a hotline or digital tool, the emphasis is always on protection and resolution.
• Ongoing manager training: Managers are trained not just on compliance, but on empathy and fairness. These sessions keep leadership in tune with evolving laws and how to handle grey areas without triggering a ULP strike.
• Collaborative union relationships: Instead of resisting unions, these companies partner with them proactively. They treat union reps as allies, helping avoid conflicts that can lead to unfair workplace practices or strikes.
• Transparent pay and promotion systems: They back up equity claims with action—using salary bands, clear promotion criteria, and routine reviews to catch any gaps in compensation or opportunity.
• Employee voice in policy shaping: They ask for employee input on policy changes, then actually use it. This builds trust, prevents unfair labor practices, and boosts morale—because people feel heard and valued.

FAQs

1. What is considered unfair labour practice?

Unfair labour practice refers to actions by employers or unions that violate employees’ rights under labor laws. This includes interference with union activities, discrimination, retaliation for filing complaints, or refusal to bargain collectively. These actions disrupt fair workplace dynamics and may result in charges filed with the labor board for violating fair employment practices.

2. What is an unfair labour practice complaint?

An unfair labour practice complaint is a formal allegation filed by an employee, union, or employer to a labor board, claiming a violation of labor laws. These complaints often involve unlawful termination, coercion, or refusal to negotiate in good faith. Once filed, the board investigates and may conduct hearings to resolve the dispute and issue remedies.

3. What are the most common unfair labor practices in the U.S.?

Common unfair labor practices, which can escalate into a labor management dispute, include retaliating against employees for union involvement, refusing to bargain with a certified union, coercing workers during union campaigns, and making unilateral changes without consultation. Employers may also violate rights by firing whistleblowers. These issues are frequently reported to the National Labor Relations Board for review and enforcement.

4. What’s the difference between labor law violations and unfair labor practices?

Labor law violations broadly include any breach of employment laws like wage theft or safety issues. Unfair labor practices, however, specifically relate to workers’ rights to organize, bargain collectively, or engage in protected activities. While all ULPs are labor violations, not all labor violations qualify as ULPs. ULPs are handled by specific labor relations authorities.

5. Can employees file unfair labor practice charges without a union?

Yes, employees can file unfair labor practice charges even if they are not in a union. Individuals have the right to act collectively for better conditions, and retaliation or interference in such actions is unlawful. The labor board allows non-union employees to file complaints if their rights to organize or speak up are violated.

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