The NLRA prohibits antiunion discrimination by employers, against both individuals and employee groups.

I. Prohibited Discrimination under NLRA § 8(a)(3)

NLRA § 8(a)(3) makes it an unfair labor practice, or ULP, for an employer to discriminate against an employee or group of employees in order to encourage or discourage union membership or participation. Most often, unlawful discrimination is directed against union activity. But the statute also prohibits discrimination intended to promote...