We stand up against the boss, demanding change and stopping work. The boss fires us. We immediately mobilize, rushing to…the office of some government lawyer. What’s wrong with this picture?
When private sector employers in the United States break the law, workers can file what is known as an Unfair Labor Practice (ULP) charge with the National Labor Relations Board (NLRB). Violations include threatening or retaliating against workers for lawful union activity or for acting as a group without a union, also known as “protected concerted activity.” When found guilty of a ULP, an employer may face various penalties, like an order to reinstate a fired worker with back pay.
There are many examples of the Wobblies using ULPs. The charges filed against Starbucks eventually led to a fired worker’s reinstatement. In Minneapolis, charges were filed against Jimmy John’s after a failed union election in 2010, and again last year when the company fired six union members. The NLRB nullified the election due to management’s illegal behavior. The illegal firing charges were won in court, but the employer appealed and the appeals process could take years.
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