As most employers know particularly from the NLRB’s recent activity in the area of social media as previously reported here, the National Labor Relations Act protects concerted activities of employees—not just union organizing or representation activity. Specifically, the NLRA provides that:
“Employees shall 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, and shall also have the right to refrain from any or all such activities.”
The NLRB recently announced that more than 5% of their cases involve non-union concerted activity. So what is this protected, concerted activity? Well, the NLRB launched a new, interactive website earlier this week to highlight recent cases providing examples of such protected activity.