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  • The National Labor Relations Act

  • Forbidden for employers to discriminate against workers who form unions.

  • Right to concerted activity, right to bargain collectively through “representatives of their own choosing”.

  • ULPs: Interference with union or collective activity, creation/domination of a labor organization, anti-union discrimination, retaliation for filing ULPs, refusal to bargain in good faith, refusal to supply information.

  • ULPs must be fired within 6 months of illegal conduct. 

  • ULPs may be tried in front of the NLRB, particularly for refusal to provide information, violation of Weingarten, or retaliation. Most ULPs are deferred to arbitration. 

  • The Special Status Union Stewards

    • ‘Steward Immunity’ or ‘Equality Rule’ makes the relationship between steward and managers during representational activity that of opposing litigants. Stewards are permitted to use language and gestures that would not be permitted under the normal employer/employee relationship. 

    • Stewards may not be warned or punished for representational activity.

    • Holding a Steward to a higher work standard than other employees, or implying such, is a ULP.

    • NLRB may allow employer to issue higher punishments to Stewards who violate contract/NLRA.

  • The Grievance Process

    • Retaliation against grievant is prohibited. Discouragement against filing a grievance is prohibited. 

    • Solicitation of grievances is a protected activity by stewards and other employees.

    • Unions have the right to resolve or withdraw grievances for tactical reasons even if the grievant disagrees. 

    • The union may organize support for grievances through; handbills, petitions, buttons/t-shirts, meetings during breaks, letters to owners/managers, press releases, off-duty picket lines. 

  • The Right to Information

    • The employer is required to provide information when the union is investigating grievances or contract violations. They must provide the information without unreasonable delay.

    • Information requests must be specific and relevant. Any request about bargaining unit employee records is presumed to be relevant.

  • Weingarten Rights

    • Employees have the right to request union assistance during an investigatory interview. An investigatory interview is one where the employee reasonably fears discipline or other adverse action.

    • If the interrogator denies a request for representation, the employee can refuse to answer.

  • Midterm Changes

    • During the period when the contract is in effect, employers may not change policies that are covered by the contract.

    • If the employer wishes to change a policy that is not covered by the contract, and which would have an adverse effect on employees, they may not do so unilaterally. The employer is required to attempt negotiation. 

  • Choosing Stewards

    • An election is not required so long as the steward is not a constitutional officer of the union.

    • Employees who has been convicted of serious criminal offenses can not serve as a steward for 13 years after sentencing, or if imprisoned, 13 years after release.

    • Employers may not influence employees’ choice of steward.