How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
Employment Lawyers are Online Now

Questions on Unfair Labor Practice Laws

Actions by employers that violate the National Labor Relations Act (NLRA) and other related legislation falls under the term unfair labor practice. Complaints of unfair labor practices under the NLRA are investigated by the National Labor Relations Board (NLRB). Below are some of the top questions on the laws related to unfair labor practice answered by Legal Experts.

Are there any specific rules or processes to follow in North Dakota to suspend an employee without risking an unfair labor practices suit?

North Dakota is an at-will employment state, which means that an employer may terminate an employee with or without reason or notice. Of course, the employee is protected from termination due to discriminatory reasons—based on race, color, origin, gender, religion, etc. Also, an employee may not be terminated in violation of a public policy, for example: for filing a worker’s compensation claim, retaliation for reporting unfair practices, for taking FMLA leave and so on.

Having said that, North Dakota recognizes an exception to the at-will doctrine where the employer would have to follow the process written in the employee handbook if it states that an employee can only be terminated for a “cause” such as violating a company policy. If the employee handbook expressly states that the employment is at-will, the courts would, typically, acknowledge this disclaimer.

My company gave a vacant job position to a supervisor’s wife despite my having more experience and seniority. Can I sue for nepotism as an unfair labor practice?

If your employment is “at-will”, your employer may treat employees differently as long as such treatment is not against a written agreement/contract or for any discriminatory reasons prohibited by law.

If you believe that you were not promoted for discriminatory reasons, you may file a “charge of discrimination” against your employer with the Equal Employment Opportunity Commission (EEOC). However, you would have to do so within 180 days of the alleged violation.

Nepotism itself is not prohibited by law. Therefore, it is not against the law for your supervisor’s wife to be favored by the company.. However, if you are over the age of 40 and she is younger than 40 years, you may have a case of illegal age discrimination.

Our Fine Arts faculty complained about the construction plans for a new high school by the school district. The School Board retaliated by threatening to jeopardize the contract negotiations with the Teacher’s Union which are due next year. Can we sue for unfair labor practices?

It seems likely that you have a case. Interfering or even an expression of intent to interfere with contract negotiations or union rights of the employee would constitute unfair labor practices. In such a case, your first action would be document any evidence or obtain witness affidavits of the incident. The Teacher’s Union may send a notice to the School Board stating that it has reason to believe that the Board is interfering with the Teacher’s Union rights and that any future communication will be recorded.

I have been working in the sheriff’s department of Florida for 20 years. I have been denied access to speak to the sheriff regarding the field training required of me probably because of the significant role I played in organizing a union. What would be my legal recourse?

An employer retaliating against an employee for organizing a union is classified as an unfair labor practice. In Florida, the Public Employees Relations Commission governs public employers whose employees are part of a union or a collective bargaining organization.

All public employees of the state, counties, municipalities, school boards, etc.— including police and fire departments—are covered by the jurisdiction of this Commission. The Commission will hear your case for unfair labor practices, which you may pursue through your union. You may also pursue the case on your own by hiring a local labor law attorney.

Though my contract with my union had expired, I continued working with them for another 11 months . However, a year after I quit, the union ratified a new contract which allowed retroactive pay for time worked without a contract only for existing workers, which does not include me. Can I file a class action against the union for the time I worked without a contract?

You may have a case for unfair labor practices against your union since they would need to act as your collective bargaining agent even if you are not in the union. You may pursue a case by contacting the National Labor Relations Board (NLRB), which investigates such charges. This federal agency which controls union and protected concerted activity may ask you to first contact the Information Officer at the agency’s local office to determine if the alleged violation falls within its jurisdiction. They would then provide you with forms and assist you in completing them to formally file a charge. You may have to file a charge within six months of the alleged violation as per the National Labor Relations Act (NLRA).

It is important to understand what classifies as unfair labor practice. For example, not paying employee overtime does not qualify as unfair labor practice. Similarly, while preventing the forming of an organization for labor rights would be an unfair labor practice, violating a collective bargaining agreement is not as long as the contract has not been repudiated. If you feel that you have been a victim of an unfair labor practice, it is best to write to Legal Experts to examine the details of your case.
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21167
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21167
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18385
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8484
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3846
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3296
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent Unfair Labor Practice Questions

  • I sell new cars. My pay plan says I receive 20% of front gross

    I sell new cars. My pay plan says I receive 20% of front gross profits. My customer agreed to a $995 Dealer prep fee and I was told this fee is pure gross profit. When the deal came out of F&I the $995 Prep fee was reduced to $399 and a warranty and other products are added to the back. I confront the SM and he says he'd look into it. That was 2 weeks ago and nothing transpired. Business as usual..no explanation. I confront the GM and he does the same thing: turns a deaf ear to me.

    But wait, it gets better. Gross profit is not calculated until Service performs a PDI which is the Pre-delivery inspection

    Back story: Our Service department has a history of overcharging the Sales department for the PDIs. They have routinely been caught "mistakenly" padding the repair orders with additional and unnecessary repairs so their department can make more money.

    Our Service Manager is required to submit the completed PDI forms to the Sales Manager who is supposed to give them to each salesmen with his paycheck. I've been with this dealer 3 months and have never received a PDI form attached to any of my paychecks. We don't get any type of wash out sheet or commission slip or any paper trail for each deal. All we get is a basic paycheck stub showing taxes withheld and other deductions.

    I've asked the GM for detailed reports of how my pay is calculated but he tells me "it's a very complicated process and to not worry."

    I have proof that F&I is stealing from the sales team and if I could ever get a copy of a PDI sheet, I'm sure I'd see that Service is screwing us too. I know the Sales, Finance and Service Managers all receive hefty bonuses based off performance/penetration but I have 2 kids at home to feed and this is my money.

    I'm getting ready to file a complaint with the National Labor Relations Board. Do I have a case?
  • What defense or case law supports a Unions decision to continue

    What defense or case law supports a Union's decision to continue to collect union dues after a succefssful deauthorization NLRB election? The members didnt follow the guidelines for rescinding the dues. Also I thought that the deauthorization lifted the Union's right to requires dues no wet thus making them not madatory, opposed to just stopping all at once.
  • Can I sue My employer and union for breach of collective bargaining

    Can I sue My employer and union for breach of collective bargaining agreement..... They both broke the contract... In the contract it states that employees most start before 10am and will be paid from 10am if they start before 5pm..... After 5pm it's a special shift!!
    But they made an agreement to pay only those who started before 1230pm, the 10am agreement... I started at 215pm and the contract says I should get paid from 10am!! But they won't pay me.... I pay my dues, what makes the people that started before 1230pm more special then me... The employer and union both breached the collective bargaining agreement and I would like to sue them both??
< Last | Next >