What counts as an unfair labor practice by an employer?

What the Law Says

The National Labor Relations Act (NLRA) defines unfair labor practices by employers in Section 8(a). These are illegal acts that interfere with employees’ fundamental rights related to unionization and collective action.

Under 29 U.S.C. § 158(a), it is unlawful for an employer to: (1) interfere with, restrain, or coerce employees in exercising their rights to organize, form or join a union, or bargain collectively; (2) dominate or interfere with the formation or administration of any labor organization; (3) discriminate in hiring, tenure, or terms of employment to encourage or discourage union membership; (4) discharge or otherwise discriminate against an employee for filing charges or giving testimony under the NLRA; and (5) refuse to bargain collectively with the representatives of its employees.

These five categories—often called '8(a)(1) through 8(a)(5)'—form the core of employer unfair labor practices. The law applies to most private-sector employers, but excludes government agencies, railroads, airlines, and agricultural laborers.

Statutory Text

It shall be an unfair labor practice for an employer— (1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 157 of this title;

— 29 U.S.C. § 158(a)(1) — Interference with rights

Statutory Text

(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;

— 29 U.S.C. § 158(a)(3) — Discrimination

Statutory Text

(5) to refuse to bargain collectively with the representatives of his employees, subject to the provisions of section 159(a) of this title.

— 29 U.S.C. § 158(a)(5) — Refusal to bargain

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