unfair labor practice

unfair labor practice
Within National Labor Relations Act, it is an unfair labor practice for an employer:
(1) To interfere with, restrain, or coerce employees in the exercise of their rights to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection.
(2) To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it.
(3) By discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization.
(4) To discharge or otherwise discriminate against an employee because he has filed charges or given testimony under the Act.
(5) To refuse to bargain collectively with the representatives of his employees. National Labor Relations Act, No.No. 7, 8; 29 U.S.C.A. No.No. 102 et seq., 157, 158.
The following acts have been held to be unfair labor practices under National Labor Relations Act:
Failure to re-employ striking employees. Western Cartridge Co. v. National Labor Relations Board, C.C. A.7, 139 F.2d 855, 858.
Refusal of employer to reinstate union members who were evicted from plant unless members would withdraw from union. Refusal of employer to bargain collectively in good faith. National Labor Relations Board v. Somerset Shoe Co., C.C.A.I, 111 F.2d 681, 688, 689.
Threats by employer to close if union gained a foothold in plant. National Labor Relations Board v. J. G. Boswell Co., C.C.A.9, 136 F.2d 585, 590, 592, 596.
Anti-union statements made by employer's supervisory employees during and after strike, together with statement to one of the strikers that he would never get a job in that town anymore. N. L. R. B. v. Indiana Desk Co., C.C.A.7, 149 F.2d 987, 992, 996.
Refusal of employer to permit posting of a notice that employer would not discriminate against employees who wished to join union. National Labor Relations Board v. J. G. Boswell Co., C.C.A.9, 136 F.2d 585, 590, 592, 596.
Discharge of an employee because of membership in or activity on behalf of a labor organization. National Labor Relations Board v. Bank of America Trust & Savings Ass'n, C.C.A.9, 130 F.2d 624, 628, 629.
Employer's interference with and his dominating formation and administration of new labor organization. National Labor Relations Board v. Swift & Co., C.C.A.8, 116 F.2d 143,145, 146.
Refusal of employer which had refused to bargain with union which had been certified as the exclusive bargaining agent. National Labor Relations Board v. John Engelhorn & Sons, C.C.A.3, 134 F.2d 553, 558.
Assault by persons employed by manufacturer upon union organizers or sympathizers. National Labor Relations Board v. Ford Motor Co., C.C.A.6, 114 F.2d 905, 911, 915.
Discharge of employee because he would not become member of union in accordance with closed shop agreement. Virginia Electric & Power Co. v. National Labor Relations Board, C.C.A.4,132 F.2d 390, 396

Black's law dictionary. . 1990.

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