Level up your strike by emphasizing Unfair Labor Practices (ULPs) filed against the employer. Intimidating employees into not exercising their rights is illegal!
What is an Unfair Labor Practice (ULP)?
An unfair labor practice is another name for a violation of the National Labor Relations Act (NLRA).
Workers can strike over ULPs and cannot be replaced or lose their jobs for doing so.
A ULP doesn’t even have to be the only or most important cause of a strike for it to be a ULP strike.
TIPS for recognizing ULPs
A manager might say:
“I overheard you all talking about a strike in the break room… this sort of thing divides the team, so find something else to talk about or you could be disciplined.”
ULPs include:
Threats
Interrogation
Promises
Spying
Or just remember: TIPS!
Know your rights
A meeting where your manager asks questions like this example below is a great time to invoke your Weingarten Rights and request a union representative!
“Some of your coworkers say you’ve been talking about the union too much. Have you been telling them to strike? It’s hurting the team. I won’t put this in your official record, but I will be monitoring this issue…”
ULPs include:
Threats
Interrogation
Promises
Spying
Level up organizing for a strike with ULPs
Highlighting the specific ULPs on a strike vote ballot can help frame for members what they would be striking over.
An example of ULP charges could include:
- 8(a)(1) Coercive Statements (Threats, Promises of Benefits, etc.)
- 8(a)(1) Coercive Actions (Surveillance, etc)
… but employers usually end up committing more!
Promises, promises
To weaken a strike, management might say something like this:
“Boss said staff who don’t walk out will get priority with schedules when the strike is over. Anyone who walks out could lose their job.“
ULPs include:
Threats
Interrogation
Promises
Spying
Replaced? Not so fast
When workers end a ULP strike, management may try to say:
“We had to hire permanent workers during the strike… so you don’t have jobs to come back to, sorry.”
The employer can hire temporary replacement workers during a ULP strike, but it can’t use those hires as a reason to not let striking workers return to their jobs when the ULP strike is over.
However, you can be fired for misconduct on the strike line–throwing trash at scabs, blocking entrances, or discriminatory language can result in job loss.
Summary
So, the main takeaways:
- Unfair labor practices (ULPs) include threats, interrogation, promises, and spying (TIPS).
- Workers on a ULP strike cannot be permanently replaced when the strike ends, but be on best behavior!
- A ULP doesn’t have to be the only or most important cause of a strike, but ULPs should be emphasized!
Sources
Labor Notes: The Hows, Whys, and Whats of ULP Strikes by Robert M. Schwartz (3/4/2022)
Labor Notes: How to Strike and Win @ labornotes.org/strikes (10/17/2019)
Seattle Nurses Labor Caucus 