NLRB Publishes Web Page to Define “Protected Concerted Activity”

Less than a month after releasing a third report on social media activity in the workplace, the National Labor Relations Board published a new website to help workers understand, through specific examples, employee rights to engage in protected concerted activity. (Jump to the page here.)

For employers, three takeaways:

1. Union and non-union employers alike should take heed:

“The web page is further evidence of the NLRB’s aggressive outreach efforts, particularly with respect to workers who are not represented by a union. For all employers, the NLRB’s new web page is another reminder of the need for regular NLRA compliance training.” (New NLRB Web Site Aimed at Educating Employees about Their Right to Engage in Protected Concerted Activity by Franczek Radelet P.C.)

2. Employee complaints will likely go up:

“Whether the new website will change the way employees view and value participation in unions remains to be seen, but commentators agree that with such increased awareness of the right to bring a complaint against an employer, regardless of one’s union membership, the number of complaints filed is likely to rise.” (NLRB Website Trumpets Rights of Nonunion and Union Workers by Ballard Spahr LLP)

3. The NLRB takes a broad view of “concerted activities:”

“The new site also highlights three factors the NLRB will focus on in their assessment of whether conduct may be considered protected concerted activity: (1) is the activity concerted, (2) does it seek to benefit other employees, and (3) is it carried out in a way that causes it to lose protection (such as in a reckless, violent, or malicious manner).” (NLRB Launches New Website Regarding Concerted Activity by Sheppard Mullin Richter & Hampton LLP)

See also: OMG! DUST NLRB Using Tech 2 Reach PPL re: PCA? UNTCO (Pullman & Comley, LLC)

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