Protected concerted activity

A protected concerted activity is an activity undertaken by employees that is protected by law. To be protected, concerted activities usually have to be undertaken by more than one person and must be aimed at improving employees' working conditions. Concerted activities are protected by the National Labor Relations Act, which is enforced by a federal government agency called the National Labor Relations Board. Employees can be protected for trying to unionize, discussing their working conditions, and more.

Rules of Protected Concerted Activities

A protected concerted activity is known traditionally as an activity carried out by a group of employees to improve working conditions. Such activities may include working to unionize or bargain collectively. They also may include discussing working conditions with other employees. Although people can rely on precedent (or past legal cases) to determine which actions are protected concerted activities, cases of protected concerted activity are ruled on individually.

The traditional definition of a concerted activity includes two or more workers taking action together. Nevertheless, one worker’s action may be considered a concerted activity if that person discusses the action with other employees before acting on it or if an employee takes action on behalf of other employees.

To be protected, a concerted activity has to benefit workers in some way. A person involved in protected concerted activity should be working to improve wages, working hours, safety, workload, or some other work-related issue. An action that deals with a personal vendetta would not be considered a protected activity. Furthermore, any behavior that is violent or reckless would not be considered a protected activity. Activities that include destroying property, spreading lies, or revealing company secrets are not protected.

Concerted Activity Law and Enforcement

In the 1800s and early 1900s, workers in the United States fought to have more rights and to improve their working conditions. The National Labor Relations Board (NLRB) was formed in the 1930s to help protect employees who wanted to unionize and improve their working conditions. Today the board is an independent federal agency. It can help employees conduct union elections, investigate charges against companies, decide cases that are brought to the board, and take businesses to court that do not follow the board’s orders.

The idea of protected concerted activity is specifically protected by a law called the National Labor Relations Act. This act was passed by Congress in the 1930s to protect employees and employers. Section 7 of the act specifically protects employees who form or try to form labor organizations, employees who collectively bargain, and employees who take part in concerted activities for the benefit of multiple employees.

The NLRB is the agency that helps determine cases of protected concerted activity. It is also the organization that helps employees get compensation when they are found to have been unfairly fired or reprimanded because of a protected concerted activity.

The Changing Definitions of Protected Concerted Activity

For years, many of the protected concerted activities that were supported by the NLRB were efforts of employees to form a union and collectively bargain. In the 2000s and 2010s, different types of activities also were protected by the NLRB. For example, more cases that involved one person were accepted as concerted activity. The NLRB specified that a single employee must be working on behalf of a group of employees for his or her actions to qualify as concerted activity.

Changing technology also has affected the idea of concerted activity. Social media has changed people’s lives, including their work lives, in many ways. The NLRB has had to deal with a number of cases in which employees were reprimanded or fired from their positions because of information they posted on social media sites, such as Facebook.

In general, the NLRB has found that people posting information about wages, working hours, and working conditions on social media are protected because the National Labor Relations Act protects employees who discuss these issues with fellow employees. Generally, if an employee posts something on a social media site and fellow employees have access to that information, the activity is considered concerted.

In general, the NLRB has been broadening the definition of protected concerted activity. Employers must be aware of what is protected so they do not fire or reprimand employees unlawfully.

Examples of Protected Concerted Activity

A number of different activities are protected by the idea of concerted activity. These are some examples of activities that the NLRB has deemed concerted activity:

• In 2011, an NLRB judge found that a Minnesota employer unlawfully dismissed twenty workers when they refused to sign away their rights under the National Labor Relations Act. The employees were immigrants, and some could not speak English. The judge found that the company should reinstate the twenty dismissed employees with back pay.
• In 2012, an employer learned that employees planned a work stoppage to protest working conditions. Three of the employees were dismissed as a result. The NLRB ruled that the employees had to be reinstated because their actions were protected concerted activity.
• In 2013, the NLRB decided that an engineer from Texas was dismissed inappropriately. The engineer was dismissed because she discussed her salary with other employees at the company.
• In 2014, the NLRB ruled that an employee who "liked" a post on the social media site Facebook took part in a protected concerted activity. The employee "liked" a post in which other employees complained about their employer. The NLRB found that the employee who "liked" the post had taken part in protected concerted activity.

Bibliography

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