Section 8(a)(4)—Discrimination for NLRB Activity. Section 8(a)(4) makes it an unfair labor practice for an
employer “to discharge or otherwise discriminate against an employee because he has filed charges or given
testimony under this Act.” This provision guards the right of employees to seek the protection of the Act by using
the processes of the NLRB. Like the previous section, it forbids an employer to discharge, layoff, or engage in other
forms of discrimination in working conditions against employees who have filed charges with the NLRB, given
affidavits to NLRB investigators, or testified at an NLRB hearing. Violations of this section are in most cases also
violations of Section 8(a)(3).
Examples of violations of Section 8(a)(4) are:
•
Refusing to reinstate employees when jobs they are otherwise qualified for are open because they filed
charges with the NLRB claiming their layoffs were based on union activity.
•
Demoting employees because they testified at an NLRB hearing.
Section 8(a)(5)—Refusal to Bargain in Good Faith. Section 8(a)(5) makes it illegal for an employer to refuse
to bargain in good faith about wages, hours, and other conditions of employment with the representative selected by
a majority of the employees in a unit appropriate for collective bargaining. A bargaining representative which seeks
to enforce its right concerning an employer under this section must show that it has been designated by a majority of
the employees, that the unit is appropriate, and that there has been both a demand that the employer bargain and a
refusal by the employer to do so.
TYPES OF CASES
I. CHARGES OF UNFAIR LABOR PRACTICES
(C Cases)
Charge Against
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