PHRHigh-YieldEmployee and Labor Relations 20%

TIPS — what employers cannot do during organizing

Unfair Labor Practices

8(a)

Section

Employer ULPs

8(b)

Section

Union ULPs

Months

Statute of limitations

four letters every campaign manager memorizes

TIPS — Employer ULPs

Each letter is its own Section 8(a)(1) violation. Doing any one during a campaign is enough to set aside an election or trigger NLRB remedies.

Threaten

Job loss, plant closing, reduced benefits if union wins

Interrogate

Ask employees about union activity or sympathies

Promise

Promise raises or benefits to discourage organizing

Spy/Surveil

Surveil meetings, social media, organizing activity

other section 8(a) violations

› 8(a)(2) — Dominate or interfere with formation of a labor organization
› 8(a)(3) — Discriminate against employees for union activity
› 8(a)(4) — Discriminate against employees for filing charges or testifying
› 8(a)(5) — Refuse to bargain in good faith with certified union

Section 8(b) — Union ULPs

Both sides have ULP exposure. The union side is less famous but tested.

8(b)(1)

Restrain or coerce employees in Section 7 rights

8(b)(2)

Cause employer to discriminate against an employee

8(b)(3)

Refuse to bargain in good faith

8(b)(4)

Engage in secondary boycotts

8(b)(7)

Picket for recognition without filing for election

Exam Traps

TIPS is for EMPLOYERS during organizing

Threaten, Interrogate, Promise, Spy. Each one alone violates Section 8(a)(1). Most-tested mnemonic.

6-month statute is strict

Charges filed after 6 months are dismissed regardless of merit. Settlement negotiations do NOT pause the clock.

Replacing economic strikers vs ULP strikers differs

Economic strikers can be permanently replaced. ULP strikers can only be temporarily replaced and must be reinstated upon offer to return.

Union ULPs exist too

Section 8(b) covers union violations like causing employer to discriminate, secondary boycotts, and recognitional picketing without filing.

TIPS at the campaign

Threaten Interrogate Promise Spy. Four employer ULPs during organizing. Each alone violates Section 8(a)(1).

6 months, no pause

ULP filing window does not pause for negotiations or settlements. Late filing = dismissed.

Picture a town hall meeting where employees are voting

Boss cannot threaten layoffs if they vote yes (Threaten).

Boss cannot ask each employee how they will vote

Interrogate. Even private one-on-one is interrogation in this context.

Boss cannot promise raises if union loses

Promise. Conditional benefit dangling.

Boss cannot watch them write their ballot

Spy. Surveillance of organizing activity is always a ULP.

Union has matching restrictions

Section 8(b) catches the union side — coercion of employees, secondary boycotts, illegal picketing.

TIPS at the campaign. Both sides have ULPs. 6 months to file.

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