Under both federal and California law, employers and unions are prohibited from taking certain actions while a contract with a union is in effect. Unions are prohibited from striking. Employers are prohibited from unilaterally changing wages or working conditions, interfering in union business or union elections or taking action against employees for participation in the union.  If they do so, the union can file an Unfair Labor Practice charge against the employer.  

In California, school district ULP charges go to the Public Employee Relations Board (Notice that this avoids using the word ‘union’!) There are two steps: first PERB will decide if the charge should be dismissed because  there is no potential violation. Later, often many months later, and after a legal review, PERB will issue a final decision and any proposed penalties or requirements.  In between those two steps, the union has the right to strike over this issue. This is so that they can counter unilateral actions by employer before they become irreversible: if the employer fires site reps or stewards, or replaces all the union workers at one worksite, or shuts down a worksite even though it had stated in writing that it would not do so (Looking at you, OUSD…) the union can’t just wait for the next contract expiration, or the final PERB ruling, to take action.

ULP’s are a really important tactic for unions because it can allow the union to legally strike over that issue when it chooses to do so.  A union local with a legitimate ULP can flex its muscles before a contract campaign— or try to prevent an outrage like the Oakland school closings even though the contract is still in force.  The strike must be around that issue, not just a proxy for another issue like a contract. That does not prohibit the union from striking when other issues are also in dispute, but both the local union and its striking members must be clear about what issue they are striking over.

Employers break their side of the contract bargain all the time and figure they won’t get called on it most of the time, and that for the rest they’ll just get a slap on the wrist and maybe some compensation to the affected workers.  Unions rarely commit their primary unfair labor practice— striking during the term of the contract— because they will get far more than a slap on the wrist.  One more example of the tilted playing field of labor law— nevertheless, ULPs can be an important tool and we should use them.

Document ULP’s!  

If working conditions or pay are changed without bargaining, if members are harassed for wearing buttons or all leaving exactly at the end of the paid day or any other legal collective action, or if administrators or district staff comment on or show favoritism in union elections: 

• WRITE IT DOWN. CONFIRM WITH OTHER EMPLOYEES RIGHT AWAY.
• KEEP WRITING IT DOWN— PATTERNS ARE IMPORTANT.
• INFORM THE UNION OF A POTENTIAL ULP— AND FOLLOW UP 

Not every ULP charge is winnable— but no union should just let them go by.  They are a chance to put the employer on notice that we see what they’re doing and to potentially  to put them on a different kind of notice— a notice that the union is ready to take action.