Workers who complain in a group setting will no longer be presumed to be engaged in “protected concerted activity” under the National Labor Relations Act based on a new decision issued last month. Megaphone with cursing in bubbles on blackboard. Having a good understanding of potential concerted activity liability will help human resources managers limit liability for alleged Section 7 violations. In FDRLST Media, LLC , 370 NLRB No. In September, we worried that the Trump Administration was using Epic Systems (aka Murphy Oil) to lay the groundwork for curtailing protection of concerted activity outside the union organizing and collective bargaining context. For more information about additional recent representative cases where concerted activity was found to exist under Section 7, take a look at Protected Concerted Activity — NLRB. The National Labor Relations Act (NLRA) is a federal law that protects the rights of private sector employees to organize around working conditions and form unions. In addition to being concerted activity, the activity must also be for mutual aid or protection in order to be legally protected under the NLRA. Specifically, the board is trying to clarify when workers can be protected from discipline for using profanity or engaging in harassing behavior toward supervisors or coworkers. Not ever. Two recent advice memos issued by the National Labor Relations Board (NLRB) provide further guidance on the issue of “protected concerted activity” under Section 7 of the National Labor Relations Act (NLRA), commonly referred to as “Section 7 Rights.” Section 7 of the NLRA gives workers the right to engage in “protected concerted activity” free from employer retaliation. The National Labor Relations Board (Board) currently is reconsidering what constitutes protected activity under the National Labor Relations Act (NLRA). A23. It is striking because non-union workers in Canada never have a legally protected right to strike. The concept of “protected concerted activity” arises out of Section 7 of the NLRA. EXAMPLES Nine employees sign a petition, asking the company to “please do ... this situation was concerted and protected activity under Section 7 of the NLRA. While a finding that a supervisor’s conduct isn’t protected by the NLRA … What is striking from a Canadian perspective is that these strikes are probably legal, protected by the right to engage in “concerted activities for mutual aid and benefit” found in Section 7 of the National Labor Relations Act. Section 7 of the National Labor Relations Act guarantees that “employees shall have the right to self-organization, to form, join, or assist labor organizations….and to engage in other concerted activities for the purpose of…..mutual aid or protection….”. Specifically, Section 7 states Employees shall have the right to self-organization, to form, join or assist in labor organizations, to bargain collectively through representatives of their own choosing and to engage in other concerted activities … . While there is a substantial degree of overlap between the two, there are also notable differences. Although a good portion of the NLRA deals with unionization, Section 7 provides protections for all non-supervisory employees, even those not involved with a union.Specifically, Section 7 defines and protects concerted activity by employees. What is considered protected concerted activity under the National Labor Relations Act (NLRA)? On November 24, 2020, the Board held that a high-level executive’s tweet violated Section 8(a)(1) of the NLRA by interfering with or restraining employees’ protected, concerted activity. Specifically, Section 7 defines and protects concerted activity by employees. By way of background, Section 7 of the NLRA protects the rights of employees to engage in protected “concerted activities,” with or without a union. The right of employees to band together for purposes of bringing grievances to their employer is at the very core of the National Labor Relations Act, as embodied in Section 7. Under Section 7 of the National Labor Relations Act (NLRA), employees have the right to: “self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. sor’s mere participation in concerted activity, which isn’t a sufficient basis for finding a Section 7 or 8 violation. The National Labor Relations Board investigates employers who deny workers their rights. These protections are known as "concerted protected activity." Section 7 of the National Labor Relations Act (“NLRA”) protects employees who engage in concerted activity. Washington Aluminum Co., + 370 U.S. 9 (U.S. 1962), the Supreme Court considered whether employees who left their work place without affording the employer an opportunity to remedy an employment condition engaged in "concerted activity" protected by the National Labor Relations Act (NLRA). The Board ruled that all four violated the NLRA because, in its view, they had a chilling effect on employees’ exercise of their Section 7 rights to engage in protected, concerted activity with regard to the terms and conditions of employment. This right is called protected concerted activity. The Board has long recognized that disputes regarding wages, hours, and working conditions can “engender ill feelings” and solicit strong responses. Employers that interfere with those rights through disciplinary actions risk violating Section 8 of the NLRA. The NLRB Rolls Back the Definition of “Protected, Concerted Activity” By Brittany Buccellato on February 7, 2019 Posted in Labor Relations. What are the analytical and substantive differences between work stoppages protected under Section 7 of the NLRA as protected concerted activity, and those protected under Section 502? Section 7 of the National Labor Relations Act (NLRA) protects the rights of union and nonunion employees to engage in protected concerted activities that address working conditions, wages, or discipline. Consequently, the NLRB has construed the terms concerted and protected very broadly to include any activity aimed at affecting employee interests. Generally, protected concerted activity takes place when employees act as a group (i.e., … That's the key take-away from the National Labor Relations Act Section 7. The NLRA’s protection of concerted activities covers many different activities, including employee discussions about pay, work conditions, and even safety concerns. . An employee’s right to engage in concerted activities for the purpose of mutual aid and protection is basic to the National Labor Relations Act’s (NLRA) Section 7. But the required analysis does not end with a determination that there is “protected concerted activity.” An employee’s protected NLRA section 7 rights must be balanced against an employer’s interest in preventing disparagement of its products and services and protecting the reputation of its business. CONCERTED AND PROTECTED ACTIVITY . The Board may not be done reshaping Section 7 analysis yet. The National Labor Relations Act, the main labor policy governing labor relations in the United States, defines concerted activity in Section 7. Author: XpertHR Editorial Team Under Section 7 of the NLRA, union and non-union employees are permitted to engage in protected concerted activity - efforts by employees to improve working conditions and terms of employment even when no union activity or collective bargaining is involved. In recent years, the National Labor Relations Board (NLRB), the agency that enforces the NLRA, has decided a number of cases regarding the circumstances in which employer policies may violate Section 7 of the NLRA. To be covered by Section 7, however, such concerted activity must be for the workers’ “mutual aid or protection.” Section 7 of the NLRA guarantees covered employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Accordingly, there was no reasonable basis to conclude that Maruichi’s discharge of Dang violated the NLRA. If the walk-off was a concerted refusal to work because of working conditions, it will be considered protected concerted activity under Section 7 (in essence, a protected strike). Unions and individuals alike may find it more difficult to assert that an individual employee’s statement is concerted activity that is protected by Section 7 of the NLRA. Protected Concerted Activity As employers field questions and concerns from employees related to COVID-19, employers must recognize that Section 7 of the NLRA protects the rights of employees to engage in concerted activity for purpose of …”other mutual aid or protection.” .” Continuing its campaign to educate workers, particularly those in non-union settings, regarding their Section 7 rights, the National Labor Relations Board this week launched a new webpage on its website specifically to describe protected concerted activity and to apprise workers of their rights "to act together for their mutual aid and protection, even if they are not in a union." Even if a company's workers don't belong to a union, they have the right to "concerted activity," to improve their work environment or their situation as employees. 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