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What constitutes unfair labor practices under labor law?

| Aug 16, 2018 | Labor Law |

For New York union members and their representatives, the nuance of the law can be confusing and difficult as they seek to maximize their wages, benefits and other parts of a labor agreement. For example, there could be certain factors that are unknown under unfair labor law practices. The employer is not allowed to do certain things under labor law. Employees and their union should know about these violations in case they occur so they can take steps to hold the employer accountable.

The employer is not allowed to surveil or spy on an employee. This cannot be done directly or via agents or any other individual. Employees cannot be blacklisted with that blacklist maintained, distributed or circulated to stop the individuals from gaining or keeping employment. It is illegal to interfere with the attempts to create, have or administer a union or any other entity designed to deal with employers for issues related to employment, to handle labor disputes, to deal with grievances, or provide financial or any other kind of support.

The employee or a prospective employee cannot be required or prevented from joining a union or stopped from forming or joining a labor organization he or she wants to join. Discrimination cannot be used in hiring, giving tenure, or making it a term of employment to encourage or discourage membership in a union. The employer cannot refuse an attempt on the part of employees to collectively bargain by using a representative. The employer cannot refuse to discuss an employee grievance with an employee representative. There cannot be a discharge or discrimination against an employee because the employee signed an affidavit, a petition, a complaint, or for providing testimony. State funding cannot be appropriated to train managers, supervisors or others in administration to try and prevent unions from becoming organized or to try and stop employees from taking part in moves to organize a union.

While most employees are likely to understand their rights when at work, there are many who do not. Should there be any concern that there are transgressions being committed by an employer and it is interfering with union activities or the attempt to form a union, it is can be helpful to have a law firm that is experienced in representing unions to help. Calling a legal professional that is cognizant of the laws that grant a labor union various rights is can be one option and could be done whenever there is a labor law violation.