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employee's protected actions can be seen as concerted when they are acting on behalf of other employees or bringing a group complaint to their employer. If employee actions do not rise to the level of protected, concerted activity it is said to be unprotected. Additionally, employees can lose their
Section 7 protections even involved in protected, concerted activity when they engage illegal tactics or behavior.
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for employers to take adverse disciplinary action or retaliate against employees participating in protected concerted activity. When determining what activities workers may partake in without fear of employer retaliation, the Labor Board and courts often must balance the purpose of the act against an
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Additionally, NLRA grants workers protections when they "engage in other concerted activities for the purpose of...mutual aid or protection." This is where the term "protected concerted activity" is pulled from. The Act does not detail what other actives are covered by "mutual aid or protection."
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Protected concerted activity extends to individual employees in some situations. Typically, an individual employee can be acting in concert when that employee is acting on behalf of or as a representative of at least one other co-worker. Their actions must address general workplace conditions or
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Protected concerted activity has extended to individual employees in some situations. when an employee speaks individually to his or her employer on behalf of him or herself and one or more co-workers about improving workplace conditions. An individual employee who seeks to enforce a collective
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On the other hand, an employee who acts as a "whistleblower" may or may not be engaging in concerted activity; if the complaint is entirely individual and the employee has not discussed it with co-workers, it is unlikely to be protected by the
National Labor Relations Act (though it may well be
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The test for what actions are mean to be protected asks what employee actions did
Congress intend to protect under the NLRA. Employers have argued this should be textually interpreted to mean only activities directly related to unions and unionizing should be covered. However, the courts have
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In this case, the employee's refusal to remove the Black Lives Matter pin was related to prior concerns about racial discrimination in their workplace. Wearing the pin was an employee action to bring group concerns to the attention of the employer and so it was protected concerted activity.
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Generally speaking, there is protected concerted activity when two or more employees act together to improve the terms and conditions of their employment. Employees actions can be found to be protected and concerted even where there is no unionizing activity or union involved. An individual
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pin while on the job. In this case, the Board ruled it was unlawful for the employer to require the employee to remove the pin as a condition of their continued employment and determined that individuals supporting a group protest that is related to working conditions is protected.
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An individual employee addressing a personal complaint with their employer is most easily identifiable as non concerted activities. Additionally, an individual who walks off the job in protest of their personal work assignment is not protected.
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Employees supporting political or social rights during work hours is not inherently protected concerted activity. Typically the political activity must be a "logical outgrowth" of group concerns related to employment conditions.
106:., 341 N.L.R.B. 642 (2004), the nursing home staff's concerns and complaints to their employer about the living conditions for their patients were not protected because their complaints were not for the mutual aid of employees.
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generally used a more broad interpretation when looking at employee actions. Concerted activity to protest poor or unsafe working conditions even when there has been no union or unionizing activity involved are protected.
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Employees are typically seen to be working in concert if an employee is acting with, or acting as a representative of other employees and not solely for their own interests.
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to employers seeking to unionize their workplace, or take group action to address conditions of their employment. The NLRA ensures workers protections by making it an
34:. These rights are found in "Section 7" (29 U.S.C. §157) of the National Labor Relations Act (NLRA, or the Act), and are often referred to as Section 7 protections.
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The Act does not limit the manner, time, or place in which employees can engage in concerted activity. Consequently, in recent years, the
General Counsel of the
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To gain the protection of the Act, employees actions must be both protected and concerted. Section 7 of the Act expressly gives employees the right to:
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that refers to the actions employees take to improve their working conditions that are protected from employer interference or retaliation under the
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The purpose of the NLRA was to address the unequal bargaining power between employers and employees. The Act aims to extend the full right to
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has often taken the position that employee conversations about common workplace issues which make use of social media such as
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has often taken the position that employee conversations about common workplace issues which make use of social media such as
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have further defined what other activity is protected and concerted for the purposes of gaining
Section 7 protections.
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463:"Board Rules Employee's "Black Lives Matter" Action at Home Depot Was Protected | National Labor Relations Board"
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A National Labor
Relations Board decision from February, 2024, protected an employee's right to wear a
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bring attention to a group complaint. An individual employee who seeks to enforce the terms of a
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Concerted activity taken on behalf of non-employees is not protected activity. In the case of
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bargaining agreement will generally be deemed to be engaged in concerted activity.
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Report of the Acting
General Counsel Concerning Social Media Cases
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Report of the Acting
General Counsel Concerning Social Media Cases
439:"National Labor Relations Board Finds BLM on Uniform is Protected"
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join a union; whether recognized by an employer or not, and
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is usually found to be engaged in concerted activity.
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78:; with the employer through chosen representatives.
55:employer's property rights and economic interests.
345:National Labor Relations Act, 29 U.S.C. § 151-169.
323:"Employee Rights | National Labor Relations Board"
225:National Labor Relations Act, 29 U.S.C. § 151-169.
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426:Home Depot USA, Inc. and Antonio Morales Jr.
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367:NLRB v. Washington Aluminum Co.
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312:, 361 N.L.R.B. 151, 152 (2014).
298:Republic Aviation Corp. v. NLRB
270:, 245 N.L.R.B. 814, 816 (1979).
244:NLRB v. Washington Aluminum Co.
192:NLRB v. Washington Aluminum Co.
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128:collective bargaining agreement
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355:NLRB v. City Disposal Systems
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382:Orchard Park Health Care Ctr
104:Orchard Park Health Care Ctr
83:Subsequent decisions by the
32:National Labor Relations Act
24:Protected concerted activity
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516:, OM 12-31 (Jan. 24, 2012).
496:, OM 12-31 (Jan. 24, 2012).
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163:The General Counsel of the
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401:, 281 N.L.R.B. 882 (1986).
258:, 281 N.L.R.B. 882 (1986).
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384:. 341 N.L.R.B. 642 (2004)
369:, 370 U.S. 9, 14 (1962).
246:, 370 U.S. 9, 14 (1962).
16:Not to be confused with
533:Organized labour portal
399:Meyers Industries, Inc.
256:Meyers Industries, Inc.
28:United States labor law
554:Freedom of association
428:, 18–CA–273796 (2024).
416:, 465 U.S. 822 (1984).
357:, 465 U.S. 822 (1984).
48:freedom of association
52:unfair labor practice
76:bargain collectively
26:is a term of art in
300:324 U.S. 793 (1945)
512:2013-02-24 at the
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144:Black Lives Matter
138:Political activity
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213:References
91:, and the
510:Archived
490:Archived
203:Facebook
179:See also
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207:Twitter
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67:union
505:See
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