The National Labor Relations Act (NLRA), enacted in 1935, is a foundational statute in United States labor law. It aims to protect the rights of employees to engage in collective bargaining and to take part in other activities for mutual aid or protection. One of the key protections under the NLRA is for “protected concerted activity,” which refers to actions taken by employees to improve their working conditions or wages — whether or not they are represented by a union.
What is Protected Concerted Activity?
Protected concerted activity involves actions by two or more employees, or by a single employee acting on behalf of others, to improve their terms and conditions of employment. This can include activities such as discussing wages, working hours, and other workplace issues. The NLRA ensures that employees cannot be punished or retaliated against by their employers for participating in such activities.
Key Features of Protected Concerted Activity:
1. Concerted: The activity must involve a group of employees or a single employee acting on behalf of others.
2. Protected: The activity must pertain to working conditions, wages, or other employment terms and must be lawful.
3. Mutual Aid or Protection: The activity must aim to improve the workplace or seek benefits for the group.
Examples of Protected Concerted Activities
1. Discussing Wages: Employees discussing their salaries and benefits with each other to compare and negotiate better compensation.
2. Union Organizing: Employees coming together to form, join, or assist a labor union.
3. Collective Bargaining: Negotiating with the employer as a group for better wages, hours, or other terms and conditions of employment.
4. Filing Grievances: Employees collectively filing complaints about unsafe working conditions or unfair treatment.
5. Strikes and Picketing: Engaging in lawful strikes or picketing to protest labor practices or demand better working conditions.
6. Social Media Advocacy: Posting on social media about workplace issues, provided it’s done in a way that seeks to improve conditions and is not defamatory, egregiously offensive and does not publicly disparage the employer’s products or services without relating the employee’s complaints to any labor controversy.
7. Petitions: Circulating and signing petitions for changes in workplace policies or practices.
8. Group Complaints: Approaching management as a group to address issues such as harassment, discrimination, or inadequate safety measures.
9. Participation in Work Councils: Involvement in work councils or other committees aimed at addressing workplace issues and improving conditions.
10. Wearing protected insignia: Employees wearing BLM (“Black Lives Matter”) insignia or markings on their uniform to protest racial discrimination in their workplace, absent special circumstances shown by the Employer.
Legal Protections and Limitations
While the NLRA provides robust protections for concerted activities, there are limitations. Activities that are unlawful, violent, or defamatory may not be protected. Additionally, supervisors and independent contractors generally do not have the same protections under the NLRA as regular employees.
Conclusion
Protected concerted activity is a crucial aspect of labor rights in the United States, enabling employees to collectively advocate for better working conditions and fair treatment. Understanding these protections helps employees know their rights and empowers them to take action without fear of retaliation. For employers, recognizing these rights is essential to maintaining compliance with the NLRA and fostering a positive and cooperative workplace environment.
By safeguarding these activities, the NLRA ensures that workers have a voice in their employment conditions, contributing to a more balanced and fair labor market.
If you have any questions or would like more information on the issues discussed above, please contact us.
Please Note: This is not legal advice and you should not act on it. At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.