Constangy senior counsel David Phippen authored an article for Law360's Expert Analysis series on avoiding unfair labor practices  employer unfair labor practice, or ULP, charges under Section 8(a)(1)-(5) of the National Labor Relations Act, which allows private sector employees to form unions, participate in collective bargaining and take collective action. 

Phippen provides guidance on how you employers can avoid ULPs by adopting lawful employment policies.

This article addresses the following employer violations of the NLRA:

  • Section 8(a)(1) — Interference
  • Section 8(a)(2) — Unlawful Support
  • Section 8(a)(3) — Discrimination
  • Section 8(a)(4) — Retaliation for Filing a ULP Charge or Testifying in National Labor Relations Board Proceedings
  • Section 8(a)(5) — Refusal to Bargain

The complete article is available here (subscription required).


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Here we grow again! Constangy is pleased to welcome 32 experienced attorneys in a significant expansion of the firm’s Cybersecurity & Data Privacy practice. The attorneys who will be joining the Constangy Cyber Team are located across 17 cities in 12 states, and are driving the opening of new offices for Constangy in Baltimore, Indianapolis, Philadelphia, Portland, Seattle and Washington, D.C. To learn more about the Constangy Cyber Team, click here.