What is an unfair labor practice?
An unfair labor practice is any action taken by an employer that violates labor relations law in California. This could include interfering with workers’ right to form a union, refusing to bargain in good faith with a union, or discriminating against employees because of their union activities. Unfair labor practices can also include retaliating against workers who file complaints or take part in legal proceedings against the employer. The National Labor Relations Board (NLRB) is the federal agency responsible for administering and enforcing the National Labor Relations Act (NLRA), which governs labor relations in the US. California’s Department of Industrial Relations (DIR) also enforces labor relations laws at the state level. When workers believe their employer has violated labor laws by committing an unfair labor practice, they may file a complaint with either the NLRB or DIR. The filing of a complaint initiates an investigation by the enforcing agency and can result in a formal legal case being filed by the agency against the employer. If the court finds that the employer has committed an unfair labor practice, the employer may be required to take corrective action, such as paying back wages to the affected employees, reinstating employees to their prior positions, or providing administrative sanctions.
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