South Dakota Petition for Hearing On Unfair Labor Practice
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FAQ
Direct Dealing Occurs when an employer and represented employee discuss and take action, without the union's knowledge or presence, in matters that fall within the scope of mandatory subjects of bargaining.
Here are just a few examples of unfair treatment at work: Demoting, transferring, or dismissing an employee without a fair, disciplinary process. Paying women lower wages for doing the same job, because of their sex. Firing or laying off older workers so the company can hire younger, cheaper workers to do their jobs.
An employer commits an unfair labor practice if it interferes with your right to join, organize, or help a union, your right to be involved in collective bargaining, or your right to be involved in protected concerted activities with other employees.
Nonexempt Status - The Fair Labor Standards Act requires that all employees that are not exempt be entitled to overtime pay (compensatory time off - public employers) of at least one-and-one-half times (1 ½) his/her regular rate for hours worked in excess of 40 in any workweek.
Common Examples of Unfair Labor Practices in the Workplace Firing older workers to replace them with younger and cheaper employees. Unequal pay for employees in the same job. Making offensive comments directed at certain employees. Denying company benefits or bonuses to specific employees.
An unfair labor practice is an action by an employer or a union that violates the National Labor Relations Act (NLRA). The National Labor Relations Board (NLRB) has created an extensive listing of employer actions that it considers would unduly interfere with an individual employee's labor rights.
Remedies for Unfair Labor Practices If an employer or a union commits an ULP, the Board must order the guilty party to cease and desist from the illegal behavior. If an individual employee is injured by an ULP, the Board may order an employer to compensate the employee.
A union commits a ULP when it violates rights that the Statute protects. Examples include: Refusing to process a grievance because an employee is not a union member. Threatening an employee for filing a ULP charge.