Unfair Labor Practice Samples & Exemplars

  

An Unfair Labor Practice (ULP) charge by the Union is an allegation that Management has violated the Federal Service Labor-Management Relations Statute (FSLMRS - 5 U.S.C. 71).  A ULP is filed by the nationwide Union officers (Union President, Vice President, Secretary-Treasurer, Recording Secretary, and Chief Steward).  Click on this link for a blank charge: Union ULP Charge (FLRA Form 22).

ULP charges are most often filed over changes in working conditions where Management either failed to notify the Union in advance or refused to bargain over the change with the Union.  ULP charges may also be filed over a refusal to allow an employee to have a Union rep at a Weingarten meeting, retaliation against Union reps or grievants, the failure to timely deduct Union dues, or refusing to allow Union reps to use official time for representational purposes. 

The Union may file a grievance over a violation of 5 U.S.C. 71, or a ULP charge, but not both. 

This page contains ULP exemplars (scroll down below).  Guidance on how to file ULP charges is in Chapter 10 of the NFFE Local 1998 Steward Manual. 
   

      

ULP Charge/Explanation/Settlement Exemplars

  

FLRA Case Number Date Issue Addressed
Failing to Notify and/or Negotiate Change in Working Conditions: 5 U.S.C. 7116(a)(1), (5), & (8)*
  2010-07-16
2010-01-05
ULP Settlement: Change in desk seating arrangement at PPT/WN
ULP Charge: Change in desk seating arrangement at PPT/WN
AT-CA-10-0176 2010-04-21
2010-01-25
ULP Settlement: Outreach program at CPC
ULP Charge: Outreach program at CPC
WA-CA-09-0169 2009-01-29 ULP Charge: Change in Internal Controls Guidance
WA-CA-09-0077 2010-04-28
2008-11-21

ULP Settlement: Job elements for Contact Representatives, Processors, File Assistants, & Cashiers
ULP Charge: Job Elements for Contract Representatives, Processors, File Assistants, & Cashiers
  2008-01-29
2007-06-12
ULP Settlement: use of contractors as acceptance agents
ULP Charge: Change in working conditions: use of contractors as acceptance agents
  2005-08-01 Appeal of ULP Dismissal: Door elimination
  2004-08-31
2004-06-18
2004-05-20
FLRA RD Denial: Termination of CWS (Union's invocation of bargaining rights untimely)
Explanation of ULP Charge: Termination of CWS
ULP Charge: Termination of CWS
WA-CA-04-0186 2004-03-13
2004-01-27

Explanation of ULP Charge: Passport Specialist Performance Standards
ULP Charge: Change in job elements for Passport Specialists
  2001-05-24 ULP Charge: Unilateral termination of telecommuting program
     
Denial of Union Rep for Weingarten Meeting: 5 U.S.C. 7114(a)(2)(B) and 7116(a)(1) & (8)
  2010-05-12 ULP Charge: Refusal to allow employee to have a Union rep at a Weingarten Meeting
     
Retaliation for Protected Union Activity: 5 U.S.C. 7116(a)(1), (2), (4) & (8)
  2008-09-09 ULP Charge: Retaliation against Union rep who was engaged in protected activity
SF-CA-05-0357 2005-09-09
2005-04-18
Appeal of ULP Dismissal: Retaliation against Union rep
ULP Charge: Retaliation against Union rep who was engaged in protected activity
 
2000-08-30
ULP Posting: Signed by Management
ULP Settlement: Employee's rating level on annual appraisal
ULP Charge: Retaliation against employee engaged in protected activity
     
 Failure to Properly Deduct Union Dues: 5 U.S.C. 7115(a) and 7116(a)(1) & (8)
  2001-06-13
2001-06-13
Explanation of ULP Charge: Union dues deductions
ULP Charge: Union dues deductions
  1999-06-08 ULP Charge: Union dues deductions
     
Denial of Information Request: 5 U.S.C. 7114(b)(4) and 7116(a)(1), (5) & (8)
47 FLRA No. 36
(3-CA-10527)
1991-11-27
FLRA Decision: ULP charge by Union re: BUE addresses
     
* Note: the citations from 5 U.S.C. 71 are suggested only - review each case carefully

 

   

This page is still under construction.