Know Your Rights: Unfair Labor Practices

An Unfair Labor Practice (ULP) is a violation of the union-management relationship as established in law. A ULP can be filed against either the agency or against the union if a violation by either entity has occurred. Specific types of violations that are considered ULPs can be found in 5 U.S.C. 7116 (https://www.law.cornell.edu/uscode/text/5/7116).

A common type of ULP is when a supervisor fails to notify and consult the union prior to implementing changes that materially affect the working conditions of an employee who is represented by that union. Examples include a supervisor-imposed change of an employee’s work schedule or a supervisor-imposed change of an employee’s cubicle assignment. Can you think of other changes in working conditions that have been implemented in your office?

If you are aware of a possible violation that has occurred in your office, please notify your local union rep, so they can consult with you about options for filing a ULP on your behalf with the Federal Labor Relations Authority (FLRA). Note that as a bargaining-unit employee, your union is obligated to represent your interests in matters concerning ULPs (or grievances for that matter), regardless of whether or not you have made the decision to join the union. Be aware that there is a strictly-enforced 6-month time limit for filing a ULP, so don’t hesitate in reaching out!