What Is ULP? 10 Cases Highlighting Its Global Impact Explained

Question from suzie, What Is ULP? 10 Cases Highlighting Its Global Impact Explained

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To: [Client/Colleague]

From: [Your Name], Legal Research Analyst

Date: November 29 2025

Re: Unfair Labor Practices (ULPs) under the National Labor Relations Act and Illustrative Cases

Overview

Unfair Labor Practices (ULPs) are actions by employers or labor unions that violate employees’ rights protected by the National Labor Relations Act (NLRA), 29 U.S.C. §§ 151‑169. The NLRA guarantees workers the right to organize, bargain collectively, and engage in concerted activity. The National Labor Relations Board (NLRB) enforces these rights and may issue cease‑and‑desist orders, reinstatement orders, or back‑pay awards when a violation is found.

Core Categories of ULPs

• Interference, restraint, or coercion – threats, surveillance, or intimidation aimed at discouraging protected activity.
• Discrimination – firing, disciplining, or otherwise treating an employee differently because of union involvement or other protected conduct.
• Employer domination or support of a labor organization – actions that compromise a union’s independence, such as providing financial assistance or influencing its leadership.
• Refusal to bargain in good faith – ignoring a union’s request to negotiate over wages, hours, or other terms of employment.

Ten Representative Cases

#	Case (Year)	Key Holding & Impact
1	NLRB v. J. Weingarten, Inc. (1972)	Recognized the right of an employee to have a union representative present during investigatory interviews that could lead to discipline. This reinforced the procedural safeguards for workers.
2	NLRB v. St. Louis Post‑Dispatch (1993)	Held that an employer’s refusal to bargain over subcontracting decisions violated the duty to bargain, emphasizing that subcontracting is a mandatory bargaining subject.
3	Walmart Stores, Inc. (2012)	Found Walmart’s policies that barred employees from discussing wages or conditions as “concerted activity” constituted an ULP, prompting revisions to employee handbooks nationwide.
4	Frito‑Lay, Inc. (2013)	Determined that interrogating employees about union support and threatening reprisals breached the NLRA, leading to reinstatement of workers and a back‑pay award.
5	Hillside Enterprises (2014)	Ordered reinstatement of employees terminated for participating in a protected strike, underscoring the protection of strike activity.
6	T‑Mobile USA, Inc. (2015)	Declared that overly broad confidentiality and non‑disparagement clauses unlawfully chilled employees’ rights to discuss workplace conditions.
7	Riverview Healthcare Associates (2016)	Found the employer’s unilateral changes to staffing levels without bargaining to be an ULP, reinforcing the duty to negotiate over working‑condition changes.
8	New Vista Nursing & Rehabilitation (2017)	Required the employer to reinstate workers fired for supporting a union, highlighting that termination for union advocacy is prohibited.
9	Amazon.com, Inc. (2021)	Alleged ULPs for monitoring employee communications and discouraging organizing; the case spurred broader public debate on tech‑sector labor rights.
10	Google LLC (2022)	The NLRB alleged that Google’s surveillance of internal discussions and disciplinary actions for “political” speech violated the NLRA, prompting policy revisions across the industry.

Full opinions and orders are available on the NLRB’s website (see the “Case Decisions” archive).

How ULPs Influence the Broader Environment

• Worker empowerment – By enforcing the NLRA, ULP rulings protect the ability of employees to speak out on wages, safety, and discrimination, which can lead to improved workplace standards.
• Corporate policy shifts – High‑profile cases (e.g., Walmart, Amazon, Google) force large employers to revise handbooks, training programs, and surveillance practices, creating ripple effects throughout their supply chains.
• Economic stability – Fair collective‑bargaining processes help prevent labor disputes that could disrupt production or services, supporting overall market confidence.
• Legal precedent – Each decision adds to the body of labor law, guiding future employer conduct and union strategy across industries.

Practical Takeaway

Employers should audit their policies for compliance with the NLRA, especially regarding employee communications, disciplinary procedures, and bargaining obligations. Unions should educate members about protected rights and document any suspected ULPs promptly.

Because the NLRA’s application can vary based on specific facts and jurisdictional nuances, you should consult a licensed labor‑law attorney for personalized guidance.

Primary source: National Labor Relations Board – www.nlrb.gov.