Can you discriminate based on union membership?

Labor Unions And Unlawful Practices A labor union is prohibited from discriminating in its capacity as an employer, in its capacity as a bargaining representative for its members, or as a referral agency or hiring hall.

Is union membership a protected class?

Everyone has the right to be free from discrimination based on protected characteristics regarding membership in a trade union, employers’ organization or occupational association. This means that unions and associations have a duty not to discriminate regarding membership.

What is an unfair labor practice by union?

An unfair labor practice is an action by an employer or a union that violates the National Labor Relations Act (NLRA). Causing the employer to discriminate against employees. Refusing to bargain in good faith. Inducing strikes for forbidden reasons such as secondary boycotts.

How do unions handle discrimination in the workplace?

If you think you are being harassed or discriminated against because of a disability, you should contact your union steward right away. Your steward can also guide you through the union’s internal grievance process or help you file a discrimination charge with the EEOC.

Is it illegal to discourage unions?

It is unlawful to discourage (or encourage) union activities or sympathies “by discrimination in regard to hire or tenure of employment or any term or condition of employment.” For example, employers may not discharge, lay off, or discipline employees, or refuse to hire job applicants, because they are pro-union.

Can you sue your own union?

Your union must represent employees without discrimination and with good faith, even if the employees aren’t union members. You may be able to sue your union for lack of representation if its choice to stop pursuing your grievance was made in bad faith or in an arbitrary of discriminatory way.

Can a company stop a union from forming?

The formation of labor unions is governed by the National Labor Relations Act (NLRA) of 1935. For the most part, employers cannot ban or discriminate against pro-union employees. If the employees want to be represented by a Union, they are free to make that choice.

Can I take my union to court?

You might be able to take your trade union to court, for example for breach of contract if it breaks its own rules. You should seek legal advice before you do this. You cannot complain to the Certification Officer and the courts about the same problem.

What to do when your union is not helping you?

Go to the National Labor Relations Board. If the union still refuses to help you, you can go to the National Labor Relations Board (NLRB) and file a complaint against your union. You must do this within 180 days of the time the union refused to do anything about your grievance.

Can a employer discriminate against an employee because of their union?

For example, employers may not discharge, lay off, or discipline employees, or refuse to hire job applicants, because they are pro-union.

Why do union members file unfair labor practices?

Union members commonly file ULPs against their union because the union failed to fairly represent its members When most people think of labor law violations, they probably think of “Big Business.” But employees, employers, and labor organizations file thousands of charges each year called Unfair Labor Practices against unions and union officials.

Why do employees file ULPs against union leaders?

Employees also file ULPs against union leaders for intimidation, coercion, violence, and many other labor law violations. The National Labor Relations Board’s annual report for fiscal year 2010 included the number of Unfair Labor Practices alleged against employers and unions.

Can a former employee file a suit against a union?

Even if an employee’s grievance has merit, the union’s mere negligence or its exercise of poor judgment does not constitute a breach of its duty of fair representation. This jury instruction applies when an employee or former employee files a suit against either the union or employer.