The post was publicly accessible and Perez knew that his post would be visible to his coworkers. In countries where there is relatively robust employee dismissal protection, the protection of protected concerted activity is less of a distinct legal issue.
To be sure, there will be some confusion and issues to be addressed as the newly-announced categories are applied to employee handbook policies, but what is certain is that employers can once again lawfully require that employees maintain a reasonable level of civility in the workplace.
Importantly, this is an opportunity for the Trump Board to change direction regarding the application of the Atlantic Steel factors to social media cases.
Given the growing presence of Millennials in the workforce, a group that broadly speaking considers itself both technologically savvy and socially conscious, unions are likely to have no shortage of candidates for such positions.
Employers also must allow a coworker to be present during employee investigatory interviews under a recent NLRB interpretation of the Act. The Board explained that the employer had a legitimate business interest in conducting its own investigation.
Of course, the larger the company, the more attractive that company may be as a target, as more employees equals more potential revenue from union dues. All employers regardless of union status should exercise care when their employees engage in conduct that could be perceived as concerted activity.
Perez removed the post three days later. Lutheran Heritage provides that a facially-neutral rule that does not expressly restrict Section 7 activity, was not adopted in response to Section 7 activity, and has not been applied to restrict Section 7 activity, may still be unlawful if employees would reasonably construe the rule as restricting Section 7 activity.
Stop questioning until the coworker arrives; Call off the interview; or Tell the employee that the interview will be stopped unless the employee voluntarily gives up their right to have a coworker present this option should be exercised with great caution!
For a more detailed discussion of this case, Click here. The catalyst for the request came from the Principal Flutist in the Symphony who believed that she was being paid less than her male counterparts.
What role may the coworker play? An employer could be subject to charges being filed with the NLRB, with possible liability for reinstatement, back pay and interest. What is protected concerted activity? The Board majority did so based on testimony by a human resources investigator, who asked an employee not to discuss the on-going investigation with anyone, and the fact that the investigator sometimes used a checklist form that contained this point.
In reality, however, almost no relatively large company is safe from such an attack. It previews many anticipated developments during the Trump Administration. The definition of concerted activity encompasses those circumstances where individual employees seek to initiate, induce, or prepare for group action as well as actions by individual employees bringing truly group complaints to the attention of management.
Remedies for unfair labor practices include reinstatement with full back pay plus interest.
An employer who fired two employees who composed a letter protesting change in the method of compensation committed unfair labor practice. Employers would be well-advised to proactively develop strategies aimed at reducing their vulnerability to such campaigns and quickly and effectively responding to such campaigns.What is considered protected concerted activity under the National Labor Relations Act (NLRA)?
Author: Melissa Gonzalez Boyce, XpertHR Legal Editor 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.
“protected concerted activity,” as well as man- agement’s lawful responses to such activity.
An update on current labor, employment, benefits and immigration issues concerning the health care industry. Posted in Concerted Activity, NLRB, Protected Concerted Activity, Uncategorized, Unfair Labor Practices By: Christopher W.
Kelleher, Esq. & Danielle A. Vera, Esq. Seyfarth Synopsis: On Friday, December 1,newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel.
Specifically, the National Labor Relations Board protects the rights of employees to engage in “concerted activity”, which is when two or more employees take action for their mutual aid or protection regarding terms and conditions of employment.
“protected concerted activity,” as well as man- agement’s lawful responses to such activity. An update on current labor, employment, benefits and immigration issues concerning the health care industry.
Protected Concerted Activity is a legal term used in labor policy to define employee protection against employer retaliation in the United States.
It is a legal principle under the .Download