My Rights: Unfair Labor Practices
Pennsylvania’s Public Employee Relations Act, or Act 195, governs relationships between public sector employers and employee organizations.
Act 195 states that public employers, their agents or representatives are prohibited from engaging in “unfair labor practices.” Act 195 defines unfair employer practices as:
(1) Interfering, restraining or coercing employees in the exercise of the rights under Act 195.
(2) Dominating or interfering with the formation, existence or administration of an employee organization.
(3) Discriminating in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any employee organization.
(4) Discharging or otherwise discriminating against an employee because he has signed or filed an affidavit, petition or complaint or given any information or testimony under this act.
(5) Refusing to bargain collectively in good faith with an employee representative which is the exclusive representative of employees in an appropriate unit, including but not limited to the discussing of grievances with the exclusive representative.
(6) Refusing to reduce a collective bargaining agreement to writing and sign such agreement.
(7) Violating any of the rules and regulations established by the board regulating the conduct of representation elections.
(8) Refusing to comply with the provisions of a binding arbitration award.
(9) Refusing to comply with the requirements of “meet and discuss.”
See 43 P.S. § 1101.1201.
Examples of unfair labor practices by an employer include the following actions:
- Unilaterally declaring a position to be out of the bargaining unit
- Discriminating or retaliating against anyone on the basis of the person’s protected union activity
- Unilaterally diverting bargaining unit work to non-bargaining unit personnel, whether through subcontracting, asking for volunteers from the community, or assigning people from other bargaining units to perform the work of the unit at issue
- Unilaterally changing a term and condition of employment.
The union must file the charge of unfair labor practices with the Pennsylvania Labor Relations Board (PLRB) within 120 days of when it knew or should have known of the violation.
If you believe that your employer or one of its representatives has engaged in unfair labor practices, immediately notify your local association leadership and/or your PSEA UniServ Representative.