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.
