By refusing to bargain in good faith, employers and unions that negotiate, or attempt to negotiate, discriminatory provisions in seniority systems, pay scales, or promotion policies could be committing unfair labor practices in violation of Section 8(a) (5)or Section 8(b) (3).

Question

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Under the National Labor Relations Act (NLRA), both employers and unions are required to bargain in good faith. Negotiating discriminatory provisions in seniority systems, pay scales, or promotion policies can be considered a failure to bargain in good faith and thus could be deemed an unfair labor practice under Section 8(a)(5) for employers and Section 8(b)(3) for unions.

By Refusing to Bargain in Good Faith, Employers and Unions