The National Labor Relations Act (NLRA) is a federal law that protects the rights of private sector employees to organize around working conditions and form unions. In recent years, the National Labor Relations Board (NLRB), the agency that enforces the NLRA, has decided a number of cases regarding the circumstances in which employer policies may violate Section 7 of the NLRA. Section 7 of the NLRA gives workers the right to engage in “protected concerted activity” free from employer retaliation. Generally, protected concerted activity takes place when employees act as a group (i.e., … By way of background, Section 7 of the NLRA protects the rights of employees to engage in protected “concerted activities,” with or without a union. Section 7 of the National Labor Relations Act (“NLRA”) protects employees who engage in concerted activity. Section 7 of the National Labor Relations Act (NLRA) protects the rights of union and nonunion employees to engage in protected concerted activities that address working conditions, wages, or discipline. These protections are known as "concerted protected activity." The NLRA’s protection of concerted activities covers many different activities, including employee discussions about pay, work conditions, and even safety concerns. This right is called protected concerted activity. That's the key take-away from the National Labor Relations Act Section 7. sor’s mere participation in concerted activity, which isn’t a sufficient basis for finding a Section 7 or 8 violation. EXAMPLES Nine employees sign a petition, asking the company to “please do ... this situation was concerted and protected activity under Section 7 of the NLRA. A23. For more information about additional recent representative cases where concerted activity was found to exist under Section 7, take a look at Protected Concerted Activity — NLRB. Author: XpertHR Editorial Team 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 involved. Protected Concerted Activity As employers field questions and concerns from employees related to COVID-19, employers must recognize that Section 7 of the NLRA protects the rights of employees to engage in concerted activity for purpose of …”other mutual aid or protection.” To be covered by Section 7, however, such concerted activity must be for the workers’ “mutual aid or protection.” While there is a substantial degree of overlap between the two, there are also notable differences. Workers who complain in a group setting will no longer be presumed to be engaged in “protected concerted activity” under the National Labor Relations Act based on a new decision issued last month. In FDRLST Media, LLC , 370 NLRB No. While a finding that a supervisor’s conduct isn’t protected by the NLRA … The National Labor Relations Board investigates employers who deny workers their rights. If the walk-off was a concerted refusal to work because of working conditions, it will be considered protected concerted activity under Section 7 (in essence, a protected strike). Consequently, the NLRB has construed the terms concerted and protected very broadly to include any activity aimed at affecting employee interests. The Board has long recognized that disputes regarding wages, hours, and working conditions can “engender ill feelings” and solicit strong responses. The National Labor Relations Act, the main labor policy governing labor relations in the United States, defines concerted activity in Section 7. Even if a company's workers don't belong to a union, they have the right to "concerted activity," to improve their work environment or their situation as employees. CONCERTED AND PROTECTED ACTIVITY . The Board may not be done reshaping Section 7 analysis yet. The concept of “protected concerted activity” arises out of Section 7 of the NLRA. Not ever. . What is considered protected concerted activity under the National Labor Relations Act (NLRA)? What is striking from a Canadian perspective is that these strikes are probably legal, protected by the right to engage in “concerted activities for mutual aid and benefit” found in Section 7 of the National Labor Relations Act. .” Specifically, the board is trying to clarify when workers can be protected from discipline for using profanity or engaging in harassing behavior toward supervisors or coworkers. Two recent advice memos issued by the National Labor Relations Board (NLRB) provide further guidance on the issue of “protected concerted activity” under Section 7 of the National Labor Relations Act (NLRA), commonly referred to as “Section 7 Rights.” In addition to being concerted activity, the activity must also be for mutual aid or protection in order to be legally protected under the NLRA. But the required analysis does not end with a determination that there is “protected concerted activity.” An employee’s protected NLRA section 7 rights must be balanced against an employer’s interest in preventing disparagement of its products and services and protecting the reputation of its business. Under Section 7 of the National Labor Relations Act (NLRA), employees 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. The National Labor Relations Board (Board) currently is reconsidering what constitutes protected activity under the National Labor Relations Act (NLRA). Employers that interfere with those rights through disciplinary actions risk violating Section 8 of the National Labor Act! 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