Unfair labor practice charges quietly became one of the most common employment-law exposures of the 2020s. The NLRB has reported year-over-year increases in charge filings, driven in part by expanded Section 7 enforcement that protects non-union employees' right to discuss wages, working conditions, and workplace concerns with each other. For most employers, the risk isn't a union drive; it's the manager who disciplines an employee for comparing pay with a colleague, or the handbook clause that quietly restricts protected activity. Knowing what counts as a ULP and what doesn't is the first line of defense against charges that now land from unionized and non-unionized workplaces alike.
What Section 8 of the NLRA Actually Covers Section 8(a) lists employer ULPs. The most common: interfering with employees' Section 7 rights, including protected concerted activity (two or more employees acting together about wages or working conditions). Discriminating against employees for union activity or concerted activity. Retaliating against employees who file charges or testify. And refusing to bargain in good faith with a certified union.
Section 8(b) lists union ULPs, which matter mainly in existing bargaining relationships. Unions can commit ULPs by coercing employees into membership, causing the employer to discriminate, or refusing to bargain in good faith themselves.
Common Employer Unfair Labor Practices Handbook language that quietly restricts protected activity: overly broad confidentiality rules, social media policies that restrict discussion of workplace conditions, non-disparagement clauses, and prohibitions on discussing wages. NLRB decisions have consistently struck down employer policies that a reasonable employee would read as chilling Section 7 rights.
Retaliation for collective complaints: disciplining an employee who raised a concern with coworkers about a pay change, schedule, or working conditions. The NLRB protects the activity, not the employee's preferred outcome.
Interfering with union organizing: surveilling employees, questioning them about union activity, or threatening benefits changes if employees vote for a union. These are the traditional employer ULPs and remain the most serious.
Does Section 7 Apply to Non-Union Workplaces? Yes. Section 7 rights apply to almost all private-sector non-supervisory employees regardless of union status. The NLRB has been active in recent years in enforcing Section 7 rights in non-union settings, particularly around handbook policies and social media restrictions.
The NLRB Complaint and Hearing Process A ULP charge is filed with the regional NLRB office within six months of the alleged violation. The regional office investigates and either dismisses, encourages settlement, or issues a formal complaint. A complaint goes to an administrative law judge for a hearing; decisions can be appealed to the five-member Board in Washington and then to a federal circuit court.
Settlement resolves most charges. Remedies typically include back pay for discriminated employees, reinstatement, rescission of policies, posted notices acknowledging the violation, and sometimes affirmative injunctive relief like union access or bargaining orders.
Preventing an Unfair Labor Practice Charge Audit handbook language against current NLRB decisions at least annually. Policies that were lawful in 2018 may have been invalidated since. Train managers on the basics of Section 7: what protected concerted activity looks like, what they can and can't ask during union campaigns, and how to respond to employee complaints without retaliating. Document discipline decisions thoroughly so the business reason is clear and documented before any ULP issue arises.
Pair ULP prevention with employee handbook review, disciplinary action documentation standards, and a clear grievance process. Reference the NLRB employer guidance for current decisions on handbook language and the NLRB case activity reports for trends in ULP filings by industry.
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