29 U.S.C. § 158 — Unfair labor practices

(a) Unfair labor practices by employers. It is illegal for an employer to: interfere with, restrain, or coerce employees when they try to use the rights guaranteed under section 157 of this title; dominate a labor organization, interfere with how it is set up or run, or give it financial or other support — though, following rules the Board makes and publishes under section 156, an employer can still let employees meet with the employer during work hours without losing pay or time; discriminate in hiring, keeping someone employed, or any other job condition, in order to encourage or discourage union membership. There is an important exception to that last rule: nothing in this subchapter, or any other federal law, stops an employer from agreeing with a union — one that is not itself controlled or improperly supported by the employer — to require union membership as a job condition, starting 30 days after the employee is hired or the agreement takes effect, whichever is later. Two conditions apply: the union must already represent the employees under section 159(a) in the bargaining unit the agreement covers, and the Board must not have certified, within the year before the agreement, that a majority of eligible employees voted to cancel the union's authority to require this, following an election under section 159(e). There is also a limit on this exception: an employer can never justify firing or discriminating against someone for not joining the union if the employer had reasonable grounds to believe either that membership was not offered to that employee on the same terms as everyone else, or that membership was denied or ended for a reason other than failing to pay the regular dues and initiation fees everyone must pay. It is also illegal for an employer to fire or otherwise discriminate against an employee because that employee filed a charge or testified under this subchapter, or to refuse to bargain collectively with employee representatives, subject to section 159(a). (b) Unfair labor practices by labor organizations. It is illegal for a union or its agents to: restrain or coerce employees using their section 157 rights — except this does not stop a union from setting its own rules about who can join or stay a member — or restrain or coerce an employer choosing its own representatives for bargaining or handling grievances; cause, or try to cause, an employer to discriminate against an employee in violation of subsection (a)(3), or to discriminate against someone whose union membership was denied or ended for a reason other than failing to pay regular dues and fees; refuse to bargain collectively with an employer that represents its employees under section 159(a). It is also illegal for a union to engage in, or push others to engage in, a strike or a refusal to handle goods or perform services, or to threaten or coerce any person in commerce, where the goal is: forcing an employer or self-employed person to join a union or employer group, or to sign an agreement banned under subsection (e); forcing anyone to stop doing business with, or handling the products of, another producer or employer, or forcing an employer to recognize or bargain with a union that has not been certified under section 159 — though this does not ban ordinary "primary" strikes or picketing aimed directly at the employer in the dispute; forcing an employer to recognize one union over another union that is already certified under section 159; or forcing an employer to assign work to one union, trade, or class of workers instead of another, unless the employer is ignoring a Board order or certification about who does that work — though this does not ban someone from refusing to cross another employer's picket line during a legitimate strike there. None of this bans publicity, other than picketing, that truthfully tells the public, including consumers and union members, that a product comes from an employer the union has a dispute with and is being distributed by a different company, as long as it does not cause another employer's workers to refuse deliveries or services. It is also illegal for a union to charge employees, under a union-security agreement allowed by subsection (a)(3), a membership fee the Board finds excessive or unfair, considering industry practices and current wages; to cause or try to cause an employer to pay for services that are not performed, essentially extorting pay for no work; or to picket, or threaten to picket, an employer to force recognition or force employees to accept the union, when the union is not currently certified, if the employer has already lawfully recognized a different union and a representation question cannot properly be raised under section 159(c); a valid election was held under section 159(c) within the last twelve months; or the picketing goes on without a representation petition being filed within a reasonable time, capped at thirty days from when the picketing started. If a petition is filed, the Board must promptly order an election in whatever unit it finds appropriate and certify the results, without worrying about the usual timing rules or interest requirements in section 159(c)(1). This picketing rule does not ban truthful publicity, other than picketing, telling the public that an employer does not employ union members or have a union contract, unless it causes other workers to refuse deliveries or services. And nothing in this picketing rule allows any act that would otherwise be an unfair labor practice under this subsection. (c) Free expression. Expressing views, arguments, or opinions — in writing, print, pictures, or any other visual form — is not itself an unfair labor practice, and cannot be used as evidence of one, as long as the expression does not threaten reprisal or force, or promise a benefit. (d) Duty to bargain. "Bargaining collectively" means the employer and the employee representative must meet at reasonable times, discuss wages, hours, and other job conditions in good faith, negotiate an agreement or any question about it, and put any agreement in writing if either side asks — but neither side has to accept a proposal or make a concession. There is a special rule when an existing union contract is in place: neither side can end or change the contract unless the side that wants to do so gives written notice to the other side 60 days before the contract's end date, or 60 days before the proposed change if there is no end date; offers to meet and negotiate a new contract, or one with the proposed changes; notifies the Federal Mediation and Conciliation Service within 30 days of that notice that a dispute exists, and also notifies the relevant state or territorial mediation agency, as long as no agreement has been reached yet; and keeps following every term of the existing contract, without a strike or lockout, for 60 days after the notice, or until the contract's end date, whichever is later. These four notice-and-waiting duties stop applying if the Board certifies, in the meantime, that the union or bargaining representative has been replaced or has stopped representing the employees under section 159(a). And none of this forces either side to discuss or agree to change fixed-term contract terms before the contract itself allows reopening them. If an employee strikes during any of these notice or waiting periods, or during the periods set in subsection (g), that employee loses "employee" status for the purposes of sections 158, 159, and 160 — but only for the employer involved in that dispute, and only until the employee is rehired by that same employer. Health care institutions follow modified versions of these rules: the 60-day notice becomes 90 days; the 30-day mediation notice becomes 60 days; and the 60-day contract period becomes 90 days. For a first contract after certification or recognition, the union must give the mediation agencies at least 30 days' notice of the dispute. Once notice reaches the Federal Mediation and Conciliation Service, the Service must promptly reach out to both sides and try, through mediation, to help them agree, and both sides must fully and promptly join any meetings the Service arranges. (e) Boycott agreements. It is an unfair labor practice for a union and an employer to make any agreement — spoken or written — where the employer agrees to stop handling, selling, or dealing in another employer's products, or to stop doing business with someone else. Any such agreement is unenforceable and void. There is an exception for the construction industry: this rule does not apply to agreements about subcontracting work done at a construction site. There is also a special definition: for this subsection and for subsection (b)(4)(B), terms like "any employer," "any person," and "any other employer" do not include jobbers, manufacturers, contractors, or subcontractors doing work on the goods or premises of the jobber or manufacturer, or performing part of an integrated production process, in the clothing and apparel industry. Nothing here stops enforcing an agreement that falls within this exception. (f) Construction-industry agreements. It is not an unfair labor practice under subsections (a) or (b) for an employer mainly in the building and construction industry to make an agreement with a construction union — one not improperly controlled by the employer — covering construction workers, even if the union had not yet proven it represents a majority of employees under section 159 before the agreement was made; the agreement requires union membership starting the eighth day after hiring or after the agreement takes effect, whichever is later; the agreement requires the employer to tell the union about job openings, or lets the union refer qualified applicants; or the agreement sets minimum training or experience requirements, or gives hiring priority based on length of service with that employer, in the industry, or in the local area. This does not undo the final proviso in subsection (a)(3) about justifying discrimination. And an agreement that would otherwise be invalid only because the union had not yet proven majority status does not block a representation petition under section 159(c) or 159(e). (g) Notice before striking at a health care institution. Before a union strikes, pickets, or otherwise refuses to work at a health care institution, it must give the institution and the Federal Mediation and Conciliation Service written notice at least 10 days ahead of time, except when bargaining for a first contract after certification or recognition, in which case the notice cannot be given until the 30-day notice period described in subsection (d) has passed. The notice must state exactly when the action will start. Once given, the notice can be extended if both sides agree in writing.