Question

Outline 4 employer and 2 union unfair labour practices during the organizing campaign and certification process and list 4 remedies for those practices.

Unfair Labor Practice by Employers

Answer 1

To protect the employee right and claims every employee can join a trade union. The labor relation law specifies the rights of an employee and any act done against are said to be unfair labor practices. The unfair labor practices by an employer while organizing a campaign and certification process are:
1. Coercion or intimidating activities from the part of an employer that threatens the employees to join a Trade Union.
2. Prohibiting the employee from taking part in any union activities or drawing him not to take any position in the trade Union and interfering in the rights of an employee.
3. When an employer declares lockout or increases or even decreases the rate to be paid or makes any alterations in the employee-employer agreement it tends to be unfair while applying for a certification process.
4. By creating a threat of dismissal of the employee or by prohibiting them from forming a Trade Union.

Unfair labor practices done by a union include 1. Restricting

Restricting the employees or employers from exercising the actions provided by the National Labour Relations Act. It includes the self-association, being independent, increased employee rights, etc. 2. Organizing It means organizing the employees at their working time on their business area for less important matters. .They can conduct this during the break time and doesn't allow to make a disturbance to their job.

As every organization as well as the trade Union are based on a labor relation law, there is a board that decides the remedies for unfair labor practices. The following are the remedies for these unfair labor practices:
1. Compensation:
This is a common kind of remedy suggested by the board. This can be in the form of lost wages or by paying the dues to the union. This amount shall not exceed the wages given by the employer to the employee.
2. Reinstating the trade Union membership:
Reinstatement means admitting a person to a trade union. This remedy is given mostly at the time of discrimination of members by the trade union.

3. Accessing of orders:
If the unfair labor practice has caused the loss of employee bargaining relationship at that time the board a give access to the trade Union to take on the company time and premises thereby restoring the relationship.
4. Reallocation orders:
In case if the employer has moved from one Working place to another with an intension of avoiding trade unions the employees who have lost their jobs can be restored on the nearby area of the employer's business.