Introduction
The relationship between the employer and the employees is of utmost importance for the functioning and efficiency of the workplace. A positive and mutually respective relationship goes a long way towards creating a workplace environment beneficial for stakeholders. However, some ventures engage in practices that can erode the relationship and negatively impact all parties. This paper will discuss unfair labor practices, what constitutes such a practice, and the impact they have on the employees and the workplace.
Main body
In order to understand what can be constituted as an unfair labor practice of an employer towards an employee, it is crucial to refer to the existing definition. Unfair labor practices are defined as actions taken by “an employer or a union that violates the National Labor Relations Act (NLRA)” (SHRM, 2021, para. 1). It should be noted that NLRA is a federal law enforced throughout all 50 states. Any acts of the employer or an employee in the position of management that infringe on the rights of workers protected by state law are too considered unfair practices (Sass Law Firm, 2022). Therefore, the employer and the employees must be knowledgeable of the rights, aware of what worker rights are protected by state and federal law, and what practices are unlawful.
The federal and state laws cover a complex variety of employee rights as well as obligations towards the employer. One of the most common unfair practices that employees are exposed to are discrimination, harassment, and retaliation by the employer or other employees in the position of management or supervision. Thus, discrimination or biased treatment based on such factors as gender, race, ethnicity, age, or other arbitrary factors during the hiring process or employment is an unlawful labor practice (USAGov, 2022).
In addition, retaliation or poor treatment following a dispute or employee engagement in an activity protected by state or federal law, such as taking paid time off, is an unfair action (USAGov, 2022). Another example of an unfair practice is ostracism, with employees not being included in workplace events, creating a distressing environment (Luo et al., 2022). Overall, unfair labor practices include all actions of the employer that breach the protected rights of employees and exploit their dignity.
It should be noted that unfair labor practices can have a substantial adverse impact on the employees experiencing them and the workplace as a whole. Research suggests that organizational support translates to employee productivity and behavior being positively impacted, with boosted productivity and workplace engagement being the primary outcomes (Rasool et al., 2021). The role of managers and supervisors is vital in creating an environment conducive to productivity and efficient work. Thus, Imran et al. (2020) note that individuals working under supportive supervisors are more satisfied with their place of work as well as are less likely to experience burnout and fatigue.
Meanwhile, a toxic workplace environment in which unfair labor practices, such as ostracism, are customary may result in job dissatisfaction, leading to increased turnover (Rasool et al., 2021). In such a case, the company is forced to invest additional monetary and human resources into filling frequent vacancies and onboarding new hires. Therefore, unfair labor practices are as damaging to the business as they are to individual employees.
Conclusion
In summary, unfair labor practices are those activities of the employer or the appointed management that infringe on the rights of the employees that are guaranteed protection by state or federal law. Such practices, including discrimination, harassment, retaliation for protected actions, or workplace exclusion, are both unethical and unlawful and can have a considerable negative effect on the employees and the workplace as a whole.
References
Imran, M. Y., Elahi, N. S., Abid, G., Ashfaq, F., & Ilyas, S. (2020). Impact of perceived organizational support on work engagement: Mediating mechanism of thriving and flourishing. Journal of Open Innovation: Technology, Market, and Complexity, 6(3), 1–18. Web.
Luo, J., Li, S., Gong, L., Zhang, X., & Wang, S. (2022). How and when workplace ostracism influences employee deviant behavior: A self-determination theory perspective. Frontiers in Psychology, 13, 1–13. Web.
Rasool, S. F., Wang, M., Tang, M., Saeed, A., & Iqbal, J. (2021). How toxic workplace environment effects the employee engagement: The mediating role of organizational support and employee wellbeing. International Journal of Environmental Research and Public Health, 18(5), 1–17. Web.
Sass Law Firm. (2022). Unfair labor practices. Web.
SHRM. (2021). Unfair labor practice. Society for Human Resource Management. Web.
USAGov. (2022). Discrimination, harassment, and retaliation. USAGov Contact Center. Web.