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An
unfair labor practice (ULP) is a violation of a statutory
right. A charge that a ULP has occurred can be initiated by
an employee, a union, or management. The respondent to these
charges will always be the union or management.
A ULP charge is filed with the Federal Labor Relations
Authority (FLRA). The FLRA, among its other functions,
investigates, conducts hearings, and resolves complaints of
alleged unfair labor practices. The vast majority of ULPs do
not go to a hearing. They are typically settled or withdrawn
before a hearing is held.
If an agency or union is found to have committed a ULP,
the FLRA may prescribe whatever legal remedy is necessary to
correct the ULP. In the case of ULPs against management,
this may include revoking the management action that caused
the ULP in the first place and requiring management to go
back to the situation as it existed before the ULP. The
remedy usually includes a requirement that the guilty party
sign and post a notice to employees which indicates that it
will stop committing the ULP and will refrain from taking
such actions in the future.
Most ULPs can be avoided by a general understanding of the
rights of the parties and a common-sense approach to
effective relationships.
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