Protected Concerted Activity in Union and Non-Union Workplaces Overview

In 2014, the U.S. Supreme Court issued a decision in the Noel Canning case which invalidated many decisions relating to protected concerted activity in the workplace. In National Labor Relations Board v. Noel Canning, the U.S. Supreme Court held that President Obama’s “recess” appointments to the NLRB were invalid, calling into question any decisions issued by the Board during this time frame.