Florida Unfair Labor Practices Attorney

An unfair labor practice is any action by an employer or union that violates employee rights under labor law. In Florida, private sector employees are mainly protected by the federal National Labor Relations Act (“NLRA”) while public employees are protected by Florida’s Public Employees Relations Act (“PERA”).

Common unfair labor practices committed by employers include:

• Firing, disciplining, or threatening employees for supporting a union.
• Interfering with employees who are discussing wages, hours, or working conditions.
• Refusing to bargain in good faith with a union that represents employees.
• Spying on or intimidating workers involved in union or concerted activity.
• Retaliating against employees who file complaints or testify in labor cases.

Yes. A union may commit an unfair labor practice. Typical violations occur when a union:

• Coerces or threatens employees to join (or stay in) the union.
• Refuses to fairly represent all members in grievances or bargaining.
• Strikes or pickets in violation of the law.
• Bargains in bad faith with an employer.

All employees have the right to act together to improve working conditions. Even in non-union workplaces, employees are protected under Section 7 of the NLRA and cannot be punished for banding together over work concerns. These are called “protected concerted activities”. 

Employees also have the right to:

• Join, form, or support a union.
• Talk with coworkers about workplace issues, such as wages, hours, or safety.
• File complaints without retaliation

An unfair labor practice is a violation of labor law, such as the National Labor Relations Act (NLRA) or Florida’s Public Employee Relations Act (PERA). Complaints alleging unfair labor practices are filed directly with the applicable agency.  

A grievance is the violation of a particular collective bargaining agreement, not statutory laws like the NLRA or PERA. A grievance is filed by an employee claiming their employer violated the terms of the collective bargaining agreement, such as discipline without just cause, scheduling violations, or the denial of contractual benefits.

The grievance process is usually described in the collective bargaining agreement. The union usually represents the employee and pursues the grievance through the steps, sometimes up to and including arbitration. There will be specific deadlines for workers to file a grievance, and it is important to understand what your collective bargaining agreement requires. 

Sometimes the same conduct can give rise to both a grievance and a ULP. For example, if an employer disciplines a union steward for filing a grievance, it could be a contract violation (discipline without just cause), and an unfair labor practice (retaliation for union activity). However, an employee cannot usually pursue two types of claims for the same conduct at the same time, and will need to choose (or “elect”) one remedy. It is important to speak with an experienced employment lawyer to make sure you do not unknowingly waive your rights by electing one process over another.

Private sector employees can file a charge with the National Labor Relations Board regional office. Complaints can be filed online, and a complaint must be filed within 6 months of the unfair labor practice.

Public sector employees can file a charge with Public Employees Relations Commission. These complaints also must be filed within 6 months of the violation.

If the charge appears plausible and timely, the NLRB will assign a field agent to investigate the charge. This step typically includes interviews with the charging party, witnesses, and employer representatives, as well as the collection of relevant documents. 

The field agent compiles the evidence for review by the Regional Director, who decides whether to dismiss or issue a formal complaint on behalf of the NLRB General Counsel. 

If the charge is dismissed, the worker may file an appeal.  If there is reasonable cause to believe an unfair labor practice occurred, the NLRB will attempt settlement. If settlement fails, the Regional Director will then issue a formal complaint and the case will be set for a hearing before an administrative law judge.

When a worker files a charge with PERC, PERC conducts an initial review to determine whether the charge is timely and sufficiently states a violation of the law. 

If the charge fails to state a violation, it is dismissed. Typically, the worker can correct or supplement the charge and refile it within the applicable deadlines. 

If the charge is sufficient, the employer has 20 days to file an answer. If necessary, the worker can file a reply within 10 days after receiving the answer. PERC does not conduct its own independent fact-gathering unless needed for procedural clarification. Instead, the matter is assigned to a hearing officer for an evidentiary hearing.