What Is Concerted Activity?
The NLRA and the Worker Center
Domestic workers and home health care workers are not covered by the government. If you have questions about whether you are covered by the NLRA, you can call the WNYCOSH Worker Center. The power of the NLRB is if it determines that your rights were violated.
The Labor Relations Act of 1974
Concerted activity is done by employees for the purpose of collective bargaining or other mutual aid. Federal and state labor laws protect such activities. Employees acting together to complain about their work places and their jobs is protected concerted activity.
Employees who get together and complain to management about their pay or benefits are protected by Section 7 of the Act. The term 'concerted activity' is not defined in the Act. The courts have interpreted concerted activity to mean that employees can band together to challenge their employer in regards to their terms and conditions.
Protected Activity in Labor Policy
The term protected concerted activity is used in labor policy to define employee protection against employer retaliation. It is a legal principle in relation to the freedom of association. The activities workers may do without fear of being retaliated against are defined by the term.
Employer retaliation in concerted activity
Concerted activity happens when two or more employees express concerns for their mutual aid or protection. Federal law prohibits employer retaliation when employees discuss problems at work. Valid concerns may include unsafe conditions such as being forced to work without protection from the coronaviruses, higher pay, scheduling, better benefits, personal leave, and much more.
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Workers' Rights under the NLRA
Workers who walk off the job due to unsafe working conditions may be protected by the NLRA. It is strongly recommended that workers speak with a labor lawyer before walking off the job.
The Board of Supervisors and Employers: A Labor Practice Analysis
The Board considers protected, concerted activity and lawful responses to such activity to be unfair labor practice charges. Employers are advised to consider employment decisions that involve protected activity carefully and to consult experienced labor counsel when necessary.