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Protected Concerted Activity in Union and Non-Union Workplaces

The NLRA, under section 7 and section 8(a)(1), protects the rights of employees to engage in “protected concerted activity,” which the NLRB generally defines as two or more employees taking action relating to terms and conditions of employment for their mutual aid or protection.

This right applies to union and non-union employees. The NLRB often enforces these rights in non-unionized settings.

Protected Concerted Activity in Union and Non-Union Workplaces OverviewProtected 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.
Read about 2023 NLRB decisions.

Employer InvestigationEmployer Investigation
Over the last several years, the Board has made it more difficult for an employer to maintain the confidentiality of workplace investigations involving employee interviews.

Arbitration AgreementArbitration Agreement
The NLRB previously issued a series of decisions that restricted the ability of an employer to include a class action waiver in a workplace arbitration procedure.

Policies Against Union InsigniaPolicies Against Union Insignia
Generally, employers may not prohibit employees from wearing or displaying union insignia unless the policy is justified by special circumstances.

Use of Employer’s Email System for Protected ActivitiesUse of Employer’s Email System for Protected Activities
Until late 2014, employers thought that they owned their email systems and could limit their use to company business. However, a divided National Labor Relations Board (NLRB) ruled “not so.”

Practical Considerations For the EmployerPractical Considerations For the Employer
An employer should consider certain questions before taking any disciplinary action with respect to a social media post.

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