Unfair Labor Practices in the District of Columbia: A Persistent Challenge
Our DC lawyers represent District of Columbia unions and employees in unfair labor practices (ULPs). DC is home to a dynamic and diverse workforce, with strong legal frameworks designed to protect employees’ rights. Yet, despite these protections, ULPs continue to affect both private and public sector workers. These violations, which range from wage theft to illegal retaliation, harm workers and undermine labor stability across the city.
Defining Unfair Labor Practices
Unfair labor practices are actions by employers or labor organizations that infringe upon workers’ legally protected rights. Under the National Labor Relations Act (NLRA), the District’s own labor statutes, and local ordinances, these include:
-
Interfering with the right to organize or collectively bargain
-
Discriminating or retaliating against employees for union activity or whistleblowing
-
Failing to negotiate in good faith with union representatives
-
Engaging in coercion, intimidation, or surveillance of union-related activities
In the private sector, the National Labor Relations Board (NLRB) handles most ULP claims. However, in the public sector, where government employees are involved, a specialized agency plays a critical role: the D.C. Public Employee Relations Board (PERB).
The Role of the D.C. Public Employee Relations Board
The D.C. Public Employee Relations Board (PERB) is the independent agency tasked with administering labor relations for public employees in the District. Established under the Comprehensive Merit Personnel Act of 1978, PERB adjudicates disputes involving labor organizations and public employers, including unfair labor practice complaints.
PERB oversees matters such as:
-
Determining appropriate bargaining units
-
Certifying and decertifying unions
-
Resolving disputes over collective bargaining agreements
-
Investigating and ruling on unfair labor practice complaints from public employees and unions
For example, if a DC agency retaliates against a union shop steward for speaking out at a council hearing, that employee can file a ULP charge with PERB. The Board investigates and, if necessary, holds hearings to determine whether violations occurred and what remedies are appropriate.
The Role of the National Labor Relations Board
The NLRB is a federal agency that enforces U.S. labor law in the private sector. Its primary role is to protect employees’ rights to organize and to ensure fair labor practices between employers, unions, and workers under the NLRA. In other words, the NLRB enforces very similar protections for DC employees that are employed by DC corporations. The distinction being that the DC PERB is focused on DC government workers, their unions and DC government employers.
Enforcement and Limitations
The NLRB and DC PERB plays a vital role in protecting public sector labor rights. Following a hearing, the DC PERB or NLRB can take the following types of actions if it finds a violation of law:
-
Cease-and-desist orders
-
Reinstatement of employees
-
Back pay with interest
-
Other remedial actions necessary to restore rights or correct violations
Contact Us
Ensuring fair labor practices is not merely about compliance—it is about building a workforce grounded in dignity, accountability, and respect. Agencies like the PERB and NLRB are essential to enforcing this mission. If you need assistance in filing a ULP or have another matter before the DC PERB or NLRA please contact our office at (703) 668-0070 or here.
